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Home My WebLink About6513-6524RESOLUTION NO. 6524`(1988 Series), A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A HOMELESS SHELTER PROGRAM AND AUTHORIZING A CONTRACT TO OPERATE THE SHELTER WHEREAS, County and City staffs have worked with the Coalition for the Homeless and service providers to develop an emergency shelter program for the homeless at Kansas Avenue; and WHEREAS, the Board of Supervisors has approved this program; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The City Council hereby approves a homeless program at Kansas Avenue or any other appropriate site including a one -third share of cost up to $65,000 to fund the operation for the period January 1, 1989 to July 1, 1989. %) 2. The City Council hereby authorizes staff to negotiate and the City Administrative Officer to approve the agreements necessary for the operation of 'a shelter at Kansas. Avenue or any other appropriate site from November 1, 1988 to July 1, 1989. 1� On motion of Councilman Settle, seconded by Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss.and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of November, 1988. % T MAYOR RON DUNIN TE . D C TY CLERK PAMELA OGES * *s * *s* Approved: - v City inistrat' Officer Director of Finance A _ . �' Z�� /i# -tity Attooey 6524 9 h, RESOLUTION NO. 6523 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF A USE PERMIT FOR A HOMELESS SHELTER AT 1333 JOHNSON AVENUE (A114 -88) WHEREAS, the Planning Commission on September 28, 1988, considered the application by People's Shelter for a temporary shelter for homeless in a house at 1333 Johnson Avenue, and conditionally approved the request upon determining that it conformed with the general plan and zoning and would not harm public health, safety, or general welfare; and WHEREAS, Douglas Simmmonds, Charles Marshal, and others have appealed to the council; and WHEREAS, the Council has considered public testimony, project plans, records of the Planning Commission's action, and the evaluation and recommendation of staff; and WHEREAS, the council has determined that the action of the Planning Commission was not appropriate and the proposed use does not conform with the general plan and zoning and would harm the public health, safety, or general welfare; NOW, THEREFORE, the council resolves to uphold the appeal and deny the use permit request. On, motion of ...Counci.lman..Settle , seconded by ,rlayor Dunin............. and on the following roll call vote: AYES: Councilmembers Pinard, Reiss, Rappa and Mayor Dunin NOES: Councilman Settle ABSENT: None the foregoing resolution was passed and adopted this ..I day of , Nmmmber .. , 1988. ........... Mayor Ron Dunin ATTEST: City Clerk Pam ge T- U1001 Resolution No. 6523 (1988 Series) Page 2 APPROVED: --- -� C y Ad inistrative Officer �.... ....:.v ................ !At ............ . .................. I ....... .. Community Development Director �/ /,� � F�c�n� PiDO �� RESOLUTION NO. 6522 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AWARDING THE CONTRACT FOR WASTEWATER TREATMENT PLANT PAVING RESTORATION, CITY PLAN NO. M -36S WHEREAS, the Council received bids for the Wastewater Treatment Plant Paving Restoration Project, City Plant No. M -36S, and WHEREAS, the Engineer's Estimate was $36,000.00, and WHEREAS, the one bid was received from R. Burke Corporation of San Luis Obispo in the amount of $42,875.00, and WHEREAS, there is money available in the Wastewater Fund CRP Allocation, NOW THEREFORE BE IT RESOLVED, the following items: 1. Award contract to R. Burke Corporation of San Luis Obispo. 2. Direct the City Clerk to prepare the appropriate documents for signature by the successful low bidder and the Mayor. 3. Authorize the Mayor to execute the contract documents. On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Pinard AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this lst day of November 1988. ATTE ST: CITY CLERK PanUoges 6522 0 0 Resolution No. 6522 (1988 Series) Page Two. APPROVED: City Administrative Officer City Att ney t F' once Director Utilities Director lib3 /bid 6 it- 0 r�?� ohl R. &ZwkL -1) 0 RESOLUTION NO. 652 1(1988 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY CLERK WHEREAS, the City Council establishes the salary range for among other positions, the City Clerk in the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Ser.ies); and WHEREAS, the City Council has evaluated compensation factors for the City Clerk under Section 2 of the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Series); and WHEREAS, by Resolution No. 6355 (1987 Series), the City Council established compensation for City Clerk Pamela Voges. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1988, the City Clerk's salary shall increase from $3530 per month to $3724 per month. SECTION 2. All other compensation and benefits afforded the City Clerk under the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Series), and the City Clerk Employment Agreement (Resolution No. 6172 - 1987 Series), not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Clerk at the mid -year review. On motion of Councilman Settle seconded by Councilwoman Pinard . and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this Ist day of November 1988. ATTEST: Q_ ( I2�, CITY LERK PAM VO S a IM70R RON DUNIN R6521 / Resolution No. 6521 Page 2 APPROVED: ity Adrinistrative Officer City At v - Pin nce Director Wbo 1QI". w Person nelhirector (A( -}in9) �l1G�yL�_ 9 0 RESOLUTION NO. 652QI988 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ATTORNEY WHEREAS, the City Council establishes the salary range for, among other positions, the City Attorney in the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Series); and WHEREAS, the City Council has evaluated compensation factors for the City Attorney under Section 2 of the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Series); and WHEREAS, by Resolution No. 6354 (1987 Series), the City Council established compensation for City Attorney Roger Picquet. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1988, the City Attorney's salary shall increase from $5163 per month to $5447 per month. SECTION 2. All other compensation and benefits afforded the City Attorney under the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Series), and the City Attorney Employment Agreement (Resolution No. 6171 - 1987 Series), not superseded by the above shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Attorney at the mid -year review. On motion of Councilman Settle seconded by Councilwoman Pinard and on the following roll call vote: AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this Ist day of November 1988. OR �ROXDUN_IIN ATTEST• Q -YV. V CITY C ERK PAM VO S R6520 / o Resolution No. 6520 (1988 Series Page 2 APPROVED: City Ad inistrative Officer City AttoVney v Fin nce Director Personnel Director ( Ac4in5) �i•?�,,1z�. 0 0 • RESOLUTION NO. 6519 (1988 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING COMPENSATION FOR THE CITY ADMINISTRATIVE OFFICER WHEREAS, the City Council establishes the salary range for, among other positions, the City Administrative Officer in the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Series); and WHEREAS, by Resolution'No. 6198 (1987 Series), the City Council appointed John Dunn as City Administrative Officer; and WHEREAS, the City Council has evaluated compensation factors for the City Administrative Officer under Section 2 of the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Series). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1988, the City Administrative Officer's salary shall increase from $5,600 per month to $5908 per month. SECTION 2. All other compensation and benefits afforded the City Administrative Officer under the Appointed Officials Compensation Plan (Resolution No. 6500 - 1988 Series), and the City Administrative Officer Employment Agreement (Resolution No. 6198 - 1987 Series), not superseded by the above shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the City Administrative Officer at the mid -year review. On motion of Councilman Settle seconded by Councilwoman Pnard and on the following roll call vote: AYES: Councilmembers Settle„ Pinaid, Rappa, Reiss and Mayor Dunn NOES: None ABSENT: None the foregoing Resolution was passed and adopted this lst day of November, 1988. ATTEST: �v CITY CLERK PAM Elf 00-000MM-00 AYOR RON DUNIN R6519 Resolution No. 651 9 988 Series) R4ge 2 APPROVED: ity Ad4inistrative Officer ity At v - FinifncLeo Director Personnel Director (Acfirn3) f/ lL �� `�� RESOLUTION NO: 6518 (1988 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: STENNER CANYON RESERVOIR NO. 2 CITY PLAN NO.: L_ -22M CHLORINE BUILDING ESTIMATE: $50,000.00 FUND No.: 050- 9724 -091 -572. BIDDER: VERNON EDWARDS BID AMOUNT: $27,991.00 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 Councilwoman Pinard and on the following roll call vote:. _ AYES: Councilmembers Settle, Pinard, Rappa, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of November._ 1988: 4elE ��s VM70-R Ron Dunin ATTEST: V CITY CLERK Pam ges APPROVED: A City Administrat" e Officer �milro FinanM Director Utilities Director lib3 /bid M M * M M M {( M rl?e-- fw V. RESOLUTION NO. 6517 (19t'8 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: The attached Traffic Work Orders for the period of July 1, 1988 through September 391, 1988 . are hereby approved. On motion of Councilman Settle ;seconded by Councilwoman Pinard and on the following roll call vote.: AYES: Councilmembers Settle, Pinard, Rappa and.Reiss NOES: Mayor Dunin ABSENT: None the foregoing Resolution was passed and adopted this 1st day of November 1988. MAYOR Ron Dun n ATTEST: \. I CITOCLERK Pam V es APPROVED: ity A ministrati�ve Officer City At b rney A City Ew'gi'heer lib3 /wr1 by R6511 �r l� F�� P�/ MEETING DATE: city of San #IS OBI SPO Nov. 1 1988 m glum, Il�llllllll ITEM NUMBER: mia COUNCIL AGENDA REPORT FROM: j/�� David F. Romero l. '� Wayne A. Peterso Prepared by: Barbara Lynch Public Works Director City Engineer Engineering Assistant /Traffi SUBJECT: Traffic Work Orders for the Period of July 1, 1988 through September 30, 1988. CAO RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period _f July 1, 1988 through September 30, 1988. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system and parking facilities. One third of the work orders were changes in signing. One quarter were parking related. One fifth were red curbing requests and another one fifth were pavement marking changes. The remainder were transit related. It has been 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 July 1, 1988 through September 30, 1988. Completed Traffic Work Orders (July 1, 1988 through September 30, 1988) Available in the Council office for review lib3 /wrk by f__ '5 o � RESOLUTION NO. 6516 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT 9 WHEREAS, the City of San Luis Obispo is a participant in San Luis Obispo County Flood Control District Zone 9: and WHEREAS, the City of San Luis Obispo is eligible for monies for designated repair and maintenance programs in city creeks. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The certain agreement attached hereto and incorporated herein by reference between the City of San Luis Obispo and San Luis Obispo County Flood Control District Zone 9 is hereby approved and the Mayor is authorized to execute the same. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 11th day of October , 1988. -0000 4 RON DUNIN CITY (CLERK PAMELA 86516 C Resolution No. 6516 (1988 Series) Page Two APPROVED: City Adm nistrative Officer city # t "y�/ FiftnCb Director Public Works Director Streets Manager g:zone9 -re tOW f_ c BEFORE THE BOARD OF SUPERVISORS of the SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TUES day - - - -- 8TH NOVEMBER 88 --- - - - -- --- - - - - -- PRESENT: Supervisors Jerry Diefenderfer, Evelyn Delany, James Johnson Carl Hysen and Chairman William B. Coy ABSENT: None RESOLUTION NO. 88 -508 RESOLUTION APPROVING COOPERATIVE AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING, GIANT REED ERADICATION AND SMALL IMPROVEMENT PROJECTS PROGRAMS The following resolution is hereby offered and read: WHEREAS, Flood Control Zone 9 has had an ongoing streambed clearing program which encompasses the main streams in San Luis Obispo Creek system; and WHEREAS, for the past five years Flood Control Zone 9 and the City of San Luis Obispo have cooperated and successfully carried out the streambed clearing program; and WHEREAS, for the past two years Flood Control Zone 9 and the City of San Luis Obispo have cooperated in a Giant Reed Eradication Program; and WHEREAS, the Zone 9 Advisory Committee has considered a number of projects recommended for construction within the City of San Luis Obispo; and WHEREAS, the 1988 -89 budget includes $2451000 for Small Improvement Projects, $54,300 for the Streambed Clearing Program, and $20,000 for the Giant Reed Eradication Program; and WHEREAS, much of this work lies within the City of San Luis Obispo. NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDERED that the attached agreement between the San Luis Obispo County Flood Control and Water Conservation District Zone 9 and the City of San Luis Obispo for the Streambed Clearing Program, the Giant Reed Eradication Program and the Small Improvement Projects Program is hereby approved and the Chairman of the Board is directed to execute same on behalf of San Luis Obispo County Flood Control and Water Conservation District Zone 9. N. RECEIVED Nov 22 bets SAN LWE(X&SPO. CA c � Upon motion of Supervisor Diefenderfer , seconded by Supervisor Delany , and on the following roll call vote, to -wit: AYES: SUPERVISORS Diefenderfer, Delany, Johnson, Hysen Chairman Coy NOES: None ABSENT: None ABSTAINING: None the foregoing resolution is hereby adopted. WILLIAM B. COY Chairman of the Board of Supervisors ATTEST: FRANCIS M. COCNISY Jerk of the Board of Supervisors [SEAL] APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: ep y Dated: Co. Eng. M /nt 260lx unty uounse 1 Iqk� STATE OF CALIFORNIA, l County of San Luis Obispo, J ss FRANCIS M. C O O N E Y _ County Clerk and ex- officio Clerk of the Board of Supervisors of the San Luis Obispo County Flood Control and Water Conservation District, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Super- visors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this --------15th ------------ ___ day Of ___ N____ ovem_b_er_ y - -, 19__88 FRANCIS M. GOONEY ------------------------------------------ County Clerk and Ex- Officio Clerk of the Board [ SEAL- ; __ of Supervisors By -- - -111 ---- - - - - -- - -- S 0 R A R s I N F. R Deputy Clerk. C 0.. AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING PROGRAM, GIANT REED ERADICATION PROGRAM, AND STREAMBED IMPROVEMENT PROGRAM This Agreement entered into the I nth day of October , 1988, 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 "); W I T N E S S E T H WHEREAS, Zone 9 since its inception, has had a streambed clearing program which encompasses the mainstreams of the San Luis Obispo Creek system; and WHEREAS, certain reaches of these streams lie within the City of San Luis Obispo; and WHEREAS, the City has also had a streambed clearance program; and WHEREAS, the program within the City of San Luis Obispo should be more economically performed if one agency accomplished the streambed clearance program; and WHEREAS, such a cooperative program was successfully carried out in the last several fiscal years; and WHEREAS, Zone 9 work. has been accomplished with the cooperation of personnel from.the California Conservation Corps; and WHEREAS, a continuation of the cooperative program between Zone 9 and the City could still involve the assistance of the California Conservation Corps; and WHEREAS, it is in the public interest that Zone 9 and the City understand and agree to the services to be performed by each with respect to the streambed clearing program; and WHEREAS, a growth of Giant Reeds in the Zone 9 watershed have proved to be a flood control problem; and WHEREAS, appropriate maintenance management leading to the control and /or eradication of the Giant Reed is necessary; and WHEREAS, it is in the public interest that Zone 9 and the City cooperate on the needed Giant Reed control and /or eradication program; and WHEREAS, the Zone 9 Advisory Committee has considered small improvement projects for erosion control and flood control benefits; and WHEREAS, it is to the mutual benefit of the Flood Control Zone 9 and the City to cooperate on the needed small improvement projects; and WHEREAS, the 1988 -89 budget appropriation includes $54,300 for the streambed clearing program and $20,000 for the Giant Reed Eradication Program. WHEREAS, the 1988 -89 budget appropriates $245,000 for small improvement projects. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, Zone 9 and City mutually covenant and agree as follows: STREAMBED CLEARING AND GIANT REED ERADICATION PROGRAM: 1. Zone 9 and City will accomplish streambed clearing within the San Luis Obispo Creek watershed with the City being responsible for the prompt and efficient execution of the entire program . within the City limits and Zone 9 being responsible for the prompt and efficient execution of the balance of the program in the unincorporated portion of the zone. 2. Zone 9 will provide funds to the City for the City to accomplish the Giant Reed control_ and /or eradication program within Zone 9. 3. The City shall be provided not more than $48,300 of the funds budgeted in Zone 9 in the 1986 -87 fiscal year for the streambed clearance program and an additional sum of not more than $20,000 for the Giant Reed control and /or eradication program. 4. Zone 9 will reimburse the City, within the limits set forth in paragraph 3 above, upon receipt of evidence of work performed on the basis of monthly statements submitted for payment. 2 0 5. All streambed maintenance work provided for by this agreement shall be done in accordance with the following provisions of the 1979 Memorandum of Understanding: "Work performed under this agreement will be conducted within the following streams: a. San Luis Obispo Creek b. Lower watershed of Laguna Lake, including Prefumo Creek but not Sycamore Creek C. Old Garden Creek to Foothill Boulevard d. Stenner Creek e. Brizziolari Creek Local drainage facilities such as subdivision drains, curbs, gutters and streets and minor drainage ways not listed above would be the responsibility of the jurisdiction within which boundaries the facility lies, or the responsibility of the private property owner if the facility is not publicly owned. The streambed maintenance work is envisioned to generally involve removal of debris which adversely affects the capacity of the waterways or which might create a greater expense for its removal at a different location if moved by flood flows at a later date. It would also involve some streambed vegetation maintenance to maintain streambed capacity. It would not include streambed maintenance to the origin of each stream but primarily include the lower reaches of each stream system. It would not include abatement 'of flood hazards under the City's abatement ordinances. It is also understood that all streambed maintenance work will be performed under permit from the State Fish & Game. Permits for work inside the City limits shall be obtained by the City. Permits for work outside of the City limits shall be obtained by the County Flood Control Zone 9." 6. The streambed maintenance program is a flood control program and City shall use funds provided under this agreement for only that purpose. 7. Consistent with previous practices, there shall be an annual reconnaissance survey made by City and County within their respective jurisdictions of needed works and such shall be done 3 reasonably before the rainy season in order that the needed streambed clearing program can be carried out prior to the rainy season with follow -up work done during the rainy season as appropriate. 8. For control of vegetation, principally willows, the streambed maintenance program may be accomplished with the use of State Fish & Game approved herbicides. 9. Within the City of San Luis Obispo, City shall be responsible for acquiring any landowner permission needed to accomplish the streambed. clearing program. The City shall be responsible for acquiring any landowner permission to accomplish the Giant Reed control and /or eradication program. 10. The City shall act as the lead agency in complying with the California Environmental Quality Act for work done within the City limits. 11. Zone 9 will assist City in obtaining California Conservation Corps' cooperation on work within the City limits and will be responsible for arrangements with the California Conservation Corps for work outside of the City limits but within the Zone 9 boundaries. 12. Should the streambed clearing program within the City involve the abatement of nuisances, the removal of trees, or the like, such shall be performed in accordance with due process of law under the City's abatement ordinances or State law and shall be the sole responsibility of City. SMALL IMPROVEMENT PROJECTS PROGRAM: 13. Zone 9 shall provide funding up to an amount of tl30,000 for the City to accomplish the following improvement projects program: a. San Luis Obispo Creek at Prado Road Bridge -- estimated cost of $20,000 to stabilize bank and channel around piers with gabions. b. Stenner Creek at Foothill Boulevard -- estimated cost of $209000 to remove gravel from culvert and from streambed immediately downstream of the culvert and install gabions 4 0 10 to reinforce the banks and to reshape the channel upstream of the culvert. C. Old Garden Creek at Center Street -- estimated cost $25,000 to grade downstream channel and construct low wall to stablize the bank. d. Old Garden Creek at Mountain View -- estimated cost $25,OOO.to repour the floor in culvert. e. Prefumo Creek -- Los Osos Valley Road to Lake -- estimated cost $30,000 to dredge material to keep the channel open and make room for material that will be transported in by 5 future storms. f. One -half of the cost of a study on the feasibility of constructing a detention dam or dams on upper San Luis Obispo Creek to lessen the flood hazard to the City and other downstream properties -- estimated total cost of not more than $20,000 with Zone 9's maximum contribution of $10,000. 14. City shall provide all design drawings and related services for the small improvement projects which are to be constructed and shall arrange for a consultant to perform the study for the detention dam(s) program. City shall also act as the lead agency in complying with the California Environmental Quality Act. 15. Zone 9 shall reimburse City for not more than 5130,000 for said small improvement projects program and any expenditures made by City in excess of that amount shall be paid at the sole expense of City. 16. Maintenance. City shall maintain all completed works at no cost to Zone 9.. 17. Ownership and Liability. City shall assume ownership and liability for the completed works. GENERAL TERMS: 18. Term. This agreement will commence on July 1, 1988 and terminate on June 30, 1989. 5 0 19. Indemnification and Sole Conduct. Each, party hereto shall defend, indemnify and save harmless the other party and other party's officers, agents and employees from and against all claims, demands, liabili.ty cost, expense, damages, causes of action, including but not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional acts of the party or its officers, agents or employees or independent contractors solely responsible to such party in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act. 20. Indemnification for joint conduct between Zone 9 and the City. The City shall defend, indemnify and save harmless County, and its officers, agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action including but not limited to inverse condemnation and judgments arising out of the joint negligence or joint intentional acts of City and Zone 9 and their officers, agents, employees or independent contractors directly responsible to them in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions and to act provided however that County shall be solely responsible for the amount of judgment rendered solely against the Zone 9 or one of its agents or employees if such judgment is specifically rendered in court finding of responsibility by Zone 9 or one of its agents or employees for an act of negligence and City shall not be required to indemnify Zone 9 for such judgment. Likewise City shall be solely responsible for any judgment rendered solely against it or its agents or employees which is based upon acts or omission by it or one of its agents or employees. 21. Zone 9 agrees to cooperate with City in the defense of any such claims or litigations. C IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year first hereinabove set forth. SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, Zone 9 By Chairmarf of the Board of` ervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. County Counsel 2 Dat ATTES City ,lerk, Pame a oges M /nt 4098x 0013x By : 6 11.Ulty AttOrney, Roger Picquet Dated: CITY OF SAN LUIS OBISPO Bv: Mayor, Ron Dunin ATTEST: Clerk, Board of Supe rso s 7 RESOLUTION NO. 6515 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 1544 (Cf..EARVIEW III, LTD., SUBDIVIDER) WHEREAS, the City Council made certain findings concerning Tract No.1544 as contained in Resolution No. 6396 (1988 Series), and, WHEREAS, all conditions required for Tract No. 1544 have been met or bonded for and /or are conditions of building permits, NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract No. 1544. On motion of Councilman Settle , seconded by Councilwoman Ranna. and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 11th day of October , 1988. ATTEST: CLERK PAMELA VOGES r-- -- MAYOR RON DUNIN R6515 Resolution No. 65151988 Series) APPROVED: City A)dministrative Officer City 4ktorneN City Elgineer �f Community Development Director N /jktl544 jk /� �_ l�' "l i7 /s -rt.�� STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 11th day cf October by and between Clearview III Ltd. , 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 Son Luis Obispo, State of California, a description of which is shown on final mop of Tract 1544, City of San Luis Obispo, California, as approved by the City Council, on the 11th day of October 19 88.. The Subdivider desires that said Tract 1544 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 Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subaivider does 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 1. CURBS, 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 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 and 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 F4 0 0 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 following conditions established by the Planning Commission and /or the City Council and has posted the necessary fees. See attached fee and bond list (Exhibit A). 1. A monumentation guarantee of $2,000.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer /Surveyor indicating he has completed the work and has been paid. 2. Water acreage fees (previously paid with Tract 603). 3. Laguna sewer lift station fees of $945.00 ($35.00/lot x 27 lots).. 4. Construction inspection deposit in the amount of $12,300.00 (see page 5). 5. The Subdivider shall be responsible for landscaping the common areas according to the conditions of the approval and plans and shall be responsible for maintenance for one year after acceptance of work as complete. 6. Park -.in -lieu fees are not required due to prior park dedication with Tract 603. 7. The Subdivider shall be responsible for any damage and wear to local and collector city streets per Municipal Code Sections 16.44.130 -A and 15.44.200, at the rate of one dollar per ton of soil hauled per mile. Such charges shall be paid prior to final acceptance of tract improvements and release of performance bonds (Irrevocable Letter of Credit) if said local/ collector streets are used. 8. The Subdivider previously deposited $10,000.00 for restoration of the site to a safe condition in case the project were not completed. This deposit . will be refunded to the Subdivider after he has completed grading, drainage and erosion control improvements satisfactorily, without City's need to use the funds for the intended purpose. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Division 4, Chapter 15 of the Land Surveyors Act of the Professions and Vocations Code of the State of California, paragraph 8771 et seq. 3 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 $410.,000.10, 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 sufficient to 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 some 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 Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to 4 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 agrees to deposit with the City a labor and material bond in the amount of 509 of the above described subdivision improvements in accordance with State law. Said Subdivider has deposited with the City the sum of $12,300..00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $12,300.00, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. 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. 0 • 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 OBISPO SUBDIVI Clearview III Limited i A California Limited Partnership Rat • The Carey Droll , Lno_ A California Corporation as General Ptnr ATTE By: Thomas G. Carey, President CIT CLERK Pam o -s Approved as to form: 1 r City Attorney i City Engineer Agr- bv 6 r� MID-STATE BANK (JOL.ETA VALLEY 805- 967 -0451 5956 Calle Real, P.O. Box 1047, Goleta, CA 93116 IRREVOCABLE COMMITMENT OF FUNDS FOR FAITHFUL _PERFORMANCE FOR TRACT 1544, CITY OF SAN LUIS OBISPO The undersigned, Mid -state Bank, being a financial institution which is subject to regulation by'the State of California or by the federal government, hereov pledges that monies to the extent of $410,000 (Four Hundred and Ten Thousand Dollars) are hereby assigned and transferred to the City of San Luis Obispo for the account of Clearview III Limited, as required by the Subdivision Map Act of the State of California for the purpose of securing the faithful performance of all the terms and conditions of that certain agreement dated 10/11/88 for Tract 1544 executed by and between Clearview III Limited and the �City of San Luis Obispo, a municipal corporation, and, in addition., costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of San Luis Obispo in enforcing the terms and conditions of said agreement. The undersigned agrees that said funds are trust funds on deposit and guaranteed for payment and that upon receipt of written demand, --ioned by City Clerk of the City of San Luis Obispo, the undersigned shall immediately gay said funds or such amount thereof as shall be set forth in said demand, to the Director of.Finance of the City of San Luis 1'bisoo to be used for the purpose set forth above. The undersigned further agrees that it shall hold said funds for Clearview III Limited for the uses and ourooses herein set forth, until such time as it receives written notice signed by the City Clerk of the City of San Luis Obispo authorizing the release of said funds. It is specifically recognized-and understood and agreed to by the undersigned that the full amount of monies, as set forth above, are to be maintained in said account at all times during the duration of this obligation.and that any reduction or release in the fund amount to be maintained will only be done in accordance with Section 66499.7 of the Government Code of the State of California. r� IRREVOCABLE COMMITMENT OF FUNDS FOR FAITHFUL PERFORMANCE FOR TRACT 1544 Page Two BY execution and delivery of this Irrevocable Commitment of Funds to the City of San Luis Obispo, the undersigned financial institution is relieved of any and ali liability to Clearview III Limited, exeeot as herein specifically set forth. Dated at Goleta, California this -- da v of September, 1988. i MID -STATE BANK Goleta Valley Branch 04 d � chard D. Lark-i-n- - - - - -- Assistant Vice President'3nd,Manager The undersigned hereby agrees to all the terms and conditions of the foregoing Irrevocable Commitment of Funds and releases the financial _ nstitution executing said Irrevocable Commitment of Funds from all liability except as therein specifically set forth. ✓7red at Santa BarOara, California, tnis _�_7 day of September,198$. CLEARVIEW III LIMITED California Limited Partnersnio BY: THE CAREY GROUP, INC. A Cal Corporation as General Partner B y :. *�'hbmas G,.,,Carev, Pr -iki,- - -- in the event Tract 1544 is not approved by the City of San Luis Obispo, this Irrevocable Commitment of funds becomes null and void. 0 mi MID-STATE BANK GOLETA VALLEY 805- 967-0451 5956 Calle Real. P.O. Box 1047, Goleta, CA 93116 IRREVOCABLE COMMITMENT OF FUNDS FOR PAYMENT OF LABOR AND MATERIALS FOR TRACT 1544, CITY OF SAN LUIS OBISPO '"he undersigned, Mid —Stare Bank, being a financial institution which is subject to regulation bi, the State of California or by the federal government, hereby pledges that monies to the extent of $205,000 (Two Hundred and Five Thousand Dollars) are hereby assigned and transferred to the Citv of San Luis Obispo for the account of Clearview III Limited, as required by the Subdivision Map ,act of the State of California for the purpose of securing the obligations set forth in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of'California for payment of the contractor, subcontractors, and persons renting equipment or furnishing labor or materials to them for the improvements to be constructed pursuant to that certain agreement dated _10/11_/88 for Tract 1544 executed by and between Clearview ZII Limited and the City of San Luis Obispo, a municipal corporation, and, in addition, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred in enforcing such obligations. The undersigned agrees that said funds are trust funds on deco_it anc.. guaranteed for payment and that it shall hold said funds for the account of Clearview III Limited for the uses and purposes herein set forth, until such time as it receives written notice signed by the City 'Cleric of the Citv of San Luis Obispo, authorizing the release of said cunds- Zt is specifically recognized and understood and agreed to by.the undersigned that the full amount of monies, as set forth above, are to be maintained in said account at all times durino tnc- duration of this obligation and tnat any reduction or release in the fund .ymounr to be :maintained will only be done in accordance: with Section 66499.7 of the Government Code of the State of California. I� 5 IRREVOCABLE COMMITMENT OF FUNDS FOR PAYMENT OF LABOR AND MATERIALS FOR TRACT 1544 Page Two By execution and delivery of this Irrevocable Commitment of Funds to the City of San Luis Obispo, the undersigned financial institution is relieved of any and'all liability to Clearview III Limited, except as herein specifically set forth. Dated at Goleta, California►,this 7 day of September, 1988. MID -STATE BANK Goleta Valley Branch 04 Bqh- ard D. a --------- - - - - -- istant Vice Plcesident and Manager The undersigned hereby agrees to all the terms and conditions of the foregoing Irrevocable Commitment of Funds and releases the financial institution executing said Irrevocable Commitment of Funds from all liability except as therein specifically set forth. Dated at Santa Barbara, California, this ?-7- day of September,1988. CLEARVIEW III LIMITED A California Limited Partnership BY: THE CAREY GROUP, INC. A,)Z�alkfio,rn_j_a Corporation as General Partner By S In the event Tract 1544 is not approved by the City of San Luis Obispo, this Irrevocable Commitment of Funds becomes null and void. a RESOLUTION NO. 6514 (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR AN HISTORY GRANT TO ACQUIRE AND RENOVATE THE FREMONT THEATER AND APPROPRIATING $5,000 TO COMPLETE THE APPLICATION WHEREAS, public hearings have determined need and community support for a small performing arts auditorium; and WHEREAS, the Fremont Theater has been identified as an historic structure with the potential to meet the community's need for a small auditorium; and WHEREAS, the project is eligible to apply for an History Grant under the California Wildlife, Coastal and Park Land Conservation Act of 1988. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1 The Council hereby authorizes application for an History Grant to acquire and renovate the Fremont Theater and appropriates $5,000 to complete the application. On motion of Councilman Settle seconded by Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of October, 1988. MAYOR RON DUNIN ATTES CITY %LERK PAMELA VOGES Annrnverl- UlFeUIUV U! r1UdUl;C R6'514 ti� ` r �, �� .r �� .,,, o 0 RESOLUTION NO.5513 (1988 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING FUNDS AND APPROVING A PROJECT WHEREAS, the FY 1988 -89 Parking Fund Capital Reinvestment Program Budget includes $60,000 for resurfacing the parking lots; and WHEREAS, City Council directed staff to increase parking spaces where possible; and WHEREAS An additional eleven spaces will be obtained with the revised striping plan and relocated parking meters; and WHEREAS, R. Burke Corp. submitted the low bid of $73,552.50; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Appropriate $20,000 to the Parking Fund Capital Reinvestment Program SECTION 2. Award a contract in the amount of $73,552.50 to R. Burke Corp. for the "Parking Lot Surface Maintenance Project" City Plan No. M -61D. SECTION 3. Authorize the Mayor to sign contract documents. SECTION 4. The City Clerk shall furnish a copy of this resolution to the Directors of the Public Works and Finance Departments. On motion of Councilman Settle seconded by Councilwoman Rappz and of the following roll call vote: AYES: Council members Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None R6513 C i Resolution No.5513 (1988 Series) Page Two The foregoing Resolution was passed and adopted this of October , 1988. ATTEST: CITY CL 4K PAM VOGEED APPROVED: ity Afi-R'nistrat�ive Officer Fi nnce�Directo/rr Project Manager bawd -pl 4th day MAYOR RON DUNIN /4-4-7 Z�� City At orney Public Works Director �� ,%'cam- ./L�� -� — �vV