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HomeMy WebLinkAbout3700-3713RESOLUTION NO. 3713 (1978 Series) A RESOLUTION OF APPRECIATION TO RICHARD D. MILLER FOR HIS SERVICES AS CITY ADMINISTRATIVE OFFICER AND FORMALLY CONFERRING THE TITLE "CITY ADMINISTRATIVE OFFICER EMERITUS." WHEREAS,in 1951, the City Council did engage Richard D. Miller as Executive Secretary to the City Council; and WHEREAS, in 1955, when the citizens of San Luis Obispo did adopt a new Charter calling for a City Administrative Officer and creating a Council" Administrative Officer form of government for the first time; and WHEREAS, the City Council selected Richard D. Miller to serve as the City's first Administrative Officer; and WHEREAS, Richard D. Miller has subsequently carried out the responsi- bilities of this position and has faithfully served 12 City Councils; and WHEREAS, Richard D. Miller has administered San Luis Obispo municipal affairs in a fashion that has brought great credit to the City for its sound fiscal and personnel management and efficient provision of municipal services; and WHEREAS, Richard D. Miller has determined.to retire on November 31, 1978 concluding 27 years of public administration service to the City of San Luis Obispo; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council hereby expresses its appreciation and gratitude to Richard D. Miller for his years of devoted.professional service to this City; and R 3713 FE i, I-N Resolution No. 3713 (1978 Series) SECTION 2. That this Council hereby formally confers the title "City Administrative Officer Emeritus" on Richard D. Miller in recognition of his long and faithful service. On motion of Mayor Schwartz. , seconded by Councilman Pettersox� and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 14th day of November 1978. ATTEST: City erk J.H. Fitzpatrick Approved as to form: Ci y Attorney Approved as to content: -, Z��e �e Ci y nist t v 0 ficer RESOLUTION NO. 3712 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING EXECUTION OF AGREEMENTS TO ACCOMPANY GRANTS BY THE CITY TO CULTURAL, ARTISTIC OR EDUCATIONAL ORGANIZATIONS FOR FISCAL YEAR 1978 =79: BE IT RESOLVED by the Council of the City of.San Luis Obispo as follows: SECTION 1. That certain agreements entitled "Agreement to Accompany Grant by the City of San Luis'•Obispo to Cultural, Artistic or Educational Organizations for Fiscal Year 1978 -79," are hereby approved and -the Mayor is authorized to execute the agreements on behalf 'of the City. The recipients and amounts of the grants are as follows: Associated Students, Inc. $ 900..00 Poly Royal Board Central Coast Children's Theatre 900.00 CiviclBallet of SLO 900.00 Gold Coast Chorus 900.00 La Fiesta de San Luis Obispo 1,350.00 Neighborhood Arts Council 450.00 San Luis Obispo Art Association 2,250.00. SLO County Band, Inc. 1.,350.00 SLO County Symphony.Association 4,500.00 SLO County .Youth Symphony 900.00 SLO Little Theatre, Inc. 1,800.00 SLO Mozart Festival Association 4,500.00 SECTION 2. The City Clerk.shall furnish a copy of the executed agreement to the appropriate associations and provide the Finance Department with instructions for disbursement of grant funds. On motion of Councilman Settle , seconded by Councilman - Dunin_ _ and on the following roll call vote: R 3712 J Resolution No'. 3712 (1978 Series) AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT:, Councilman Petterson the foregoing resolution was passed and adopted this 8th day of November , 1978. ATTEST: r Cit rc Fitzpatric�J Approved as to form: A/ City Attorney Approved as to content: J RESOLUTION N0. 3711 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH JOHN V. KUDEN., MARILYN J. KUDEN, JOHN F. READY AND SHIRLEY READY (1304 PACIFIC STREET) FOR THE WIDENING OF JOHNSON AVENUE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, a copy of which is attached hereto, between the City and John V. Kuden, Marilyn J. Kuden, John F. Ready and Shirley Ready, is hereby approved and the Mayor is authorized to execute same and accept attached Grant Deed. SECTION 2. The City Clerk shall furnish a copy of this Resolution together with the agreement to the Grantors and the City Engineer. On motion of Councilman Settle , seconded by Cnunrilnan n„nin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed and a 1978. ATTEST: C' erc J.H. Fitzpatrick Approved as to form: this Ri-h day of Nnupmhar_ Approved as to content: z City 'Attorney City dminis ative Officer --, A ,^ Clty En leer R 3711 RECORDING REQUESTED BY CITY OF SAN LUIS OBISPO ANO MM6N WCORO[O MAIL To CITY CLERK'S OFFICE CITY OF SAN LUIS OBISPO A 990 PALM STREET City& SAN LUIS OBISPOi CA 93401 satt..L J I FL TA[ RAH To I Neeu sty.« AddrA6 City a sty. L ❑ UNINCORPORATED rq CITY OF SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax S_____ _________ ❑ computed on full value of property conveyed, or computed on full value less liens and en- cumbrances remaining at time of sale. Signature of Declarant or Agent determining tax. Firm Name _J Grant Deed L THIS FORM FURNISHED BY THE CUESTA TITLE GUARANTY COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOHN F. READY and SHIRLEY READY, JOHN V. KUDEN and MARILYN J. KUDEN hereby GRANT(S) to the CITY OF SAN LUIS OBISPO the.following described real property in the City of San Luis Obispo County of San Luis Obispo , State of California: That portion of Lot 27 in Block 12 of the Central Addition to the City of San Luis Obispo, County of San Luis Obispo, State of California, according to a map recorded July 27,1894., in Book A, Page 94, of Maps, in the office of the County Recorder of said county, and more particularly described as follows: Beginning most Westerly corner of Lot 27, Block 12 of the Central Addition; thence South 400 15' East along the Easterly line of Johnson Avenue.(formerly Essex Street) a distance of 53.00 feet to a point ;,thence North 490 45' East parallel to the Southeasterly line of said Lot 27, a distance of 7.00 feet.to a point; thence North 400 15' West a distance of 53.00 feet to the Northerly line of said Lot 27; thence South 490 45' West along said Northerly line a distance of 7.00 feet to the point of beginning. Dated October 10, 1978 STATE' OF CA ORNIA COUNTY of Lban Luis Obispo }SS. Oa October 10 , 1978 before, me, the under- signed. a Notary Public in and for said State, personally appeared JOHN F. READY, SHIRLEY READY, JOHN V. KUDEN and MARILYN J: KUDEN known to me . to be the person —S whose name S subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. ) Signature DOROTHY J. WILCOX Name (Typed or Printed) /1 14AKILYN J. RUDE j .... DOROTHY J. WIICOX NOTARY PUiIIC SAN LUIS owsPO COUNTY CALIFORNIA My Commission Expires July 20, 1982 (This Arta ror omdal Ootarial Bean ITitle Order No. - Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE , . a C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated October 10, , 19 78 from John F. Ready and Shirley Ready, John R. Kuden and Marilyn J. Kuden. to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation.thereof by its duly authorized officer or his agent. Date: November 8, 1978 , ATTEST: s% I H. FITZPATRICK J.H. Fitzpatrick, City Clerk CITY OF SAN LUIS OBISPO By, sZ KENNETH E. SCHWARTZ Kenneth E. Schwartz, Mayor AGREEMENT THIS AGREEMENT, executed this 8th day of November , 1978 by and between JOHN F. READY and SHIRLEY READY, JOHN V. KUDEN and MARILYN J. KUDEN, hereinafter called Grantors, and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City, witnesseth: 1. Grantors shall convey to the City 371 square feet (0.0085 acres), more or less, lying along Johnson Avenue as shown on the attached sketch: 2. In consideration of the deed to the property for street widening, City agrees to remove existing driveway ramp, sidewalk, curb and gutter and to construct sidewalk, curb and gutter at the new line. 3. City will provide all necessary engineering, relocate utilities and drainage improvements as necessary, and pave out the street to the new gutter. CITY OF SAN LUIS OBISPO sl KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz Attest: 4J. HJITZPATRICK City Clerk J.H. Fitzpatrick John F. Ready V Shirley Ready C V l In V. Kuden `n'7 cxh4Q� Marilyn J. kdden j %. L o o 0 A/ -eo *7 /.r' ze 7777-77 /Y 90 ° /-f I iv 53.00_T_ 6 ..Ici 1:5 I �lb ,h6 N . ;•f, O-s Q. 0 A/ -eo *7 /.r' ze 7777-77 /Y 90 ° /-f I iv 53.00_T_ 6 ..Ici 1:5 I �lb ,h6 N . ;•f, 0 A/ -eo *7 /.r' ze 7777-77 /Y 90 ° /-f I iv 53.00_T_ 6 ..Ici 1:5 I �lb ,h6 j Yfa ! - tA u4i� I '. I,,- Irt . ;•f, j Yfa ! - tA u4i� I '. I,,- Irt RECORDING REQUESTED BY - CITY OF SAN LUIS_ OBISPO AND WMIEM RCCORDCD MAIL TO F City Clerk Street City of San Luis Obispo ' Post Office Box 321 GStatee. Lan; Luis Obispo, CA 93406 J SPACE ABOVE THIS LINE FOR RECORDER'S USE " MAIM I" IRATGKMn 10 Documentary transfer tax S___ Nii --------- computed on full value of property conveyed, Show ❑ or computed on fulf value less liens and en- 'Aaaiin cn a cumbrances remaining at time of sale. Stan 1 L Signature of Declarant or Agent UNINCORPORATED. determining tax. Firm Name CITY OF San -Ten; s obi cno Grant Deed THIS FORM FURMISHED BY THE CUESTA TITLE GUARANTY COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOHN F. READY and SHIRLEY READY, JOHN V. KUDEN and MARILYN J. KUDEN hereby GRANT(S) to the CITY OF SAN LUIS OBISPO the following described real property "in the City of San .Luis Obispo. County of San Luis Obispo ,State of California: That portion of Lot 1 in Block 12 of the Central Addition to the City of San Luis Obispo, County of San Luis Obispo, State of California, according to a map recorded July.27, 1894, in Book A; Page 54, of Maps, in the office of the County Recorder of said county, and more particularly described as follows: Beginning most westerly corner of Lot 1, Block 12 of the Central Addition; thence South 400 15' East along the Easterly line of Johnson Avenue (formerly Essex Street) a distance of 130.00 feet to a point; thence North 490 45' East along the South- easterly line of said Lot 1, a distance of.7.00 feet to a point; thence North 400 15' West a distance of 130.00 feet to the Southerly line of Marsh Street; thence South 490 45' West along said Southerly line a distance of 7.00 feet to the point of beginning. Dated October .31, 1978 STATE OF CALIFORNIA COUNTY OF San LuiS Obispo SS. On October 31, 1978 before me, the under- signed, a Notary Public.in and for said State. personally appeared JOHN F. READY, SHIRLEY READY_, JOHN V. KUDEN, & M— kRILYN J. T{ DF I- known to me to be the person S whose. name S" subscribed to the within instrument and acknowledged that they executed the same.. WITNESS my hand and official seal.. Signature -r %^r � �y Name (Typed or Printed) Title Order No. - Fscrow or Loan No. "' I ' u MAIL TAX STATEMENTS AS DIRECTED ABOVE (This am for ofactal. no IrW mall DOROTHY J. WILCOX NOTARY PUBLIC SAN LUIS UBISPO COUNTY CALIFORNIA My Commission Expires July 20, 1982 Title Order No. - Fscrow or Loan No. "' I ' u MAIL TAX STATEMENTS AS DIRECTED ABOVE (This am for ofactal. no IrW mall m N ;l a a 4 v t4 I % C tits us ✓O�iliSDiY a .4 114a 0 a _% Z4 � o H l• ; � w O 0 a _% Z4 _1 i 0 C^ C's 0 4 '0 .y H l• ; � w � N .'• ,a b ti - ti .1 � •.4 a b _1 i 0 C^ C's 0 4 '0 .y C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated October 31 1978 , from John F. Ready and Shirley Ready, John V. Kuden and Marilyn J. Kuden to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned.officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: November 8, 1978 CITY OF SAN LUIS OBISPO By t1 ; "NN.:TiH -E. SCHWARTZ Kenneth E. Schwartz, Mayor ATTEST: s7 J H. FITZPATRicK J.H. Fitzpatrick, City Clerk RESOLUTION NO.. 3710 (1978 Series) A RESOLUTION OF "THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE'CITY AND OTHER PUBLIC AGENCIES FOR A REGIONAL NARCOTIC ADDICT CONTROL AND CRIME REDUCTION PROGRAM - 'THIRD YEAR. 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 other public agencies for Regional Narcotic Addict Control and Crime Reduction Program - Third Year, is hereby approved and the Mayor is authorized to execute said agreement. SECTION 2. The City Clerk shall furnish a copy of this resolution to appropriate agencies, the City Police Department, the Personnel Department and the Finance Department. On motion of Councilman Settle and on the following roll call voter , seconded by Councilman Dunin , AYES: Councilmen Dunin, Jorgensen, _Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed and adopted this 8th day of November , 1978. ATTEST. Ci Mk -J. H. Fitzpatrick Approved as to form:. Approved as to content: GlbAw City Attorney George C. Thacher City i-n s" at e ices Lee Walton R 3710 A G R E E M E N T THIS AGREEMENT, made and entered into this 8th day of November 1978, by and between city OF SANTA BARBARA, a municipal corporation hereinafter referred to as "SANTA BARBARA", and CITY OF SAN LUIS OBISPO, a body corporate and politic, hereinalter referred to as "SAN LUIS OBISPO". W I T N E S S E T H. WHEREAS, Santa Barbara and San Luis•Obispo deem it beneficial to participate in a Regional Narcotic Addict Control and Crime Reduc- tion Program -- Third Year, to be funded by the Californid.Office of Criminal Justice Planning (OCJP),,and MMEREAS, Santa Barbara has been designated esignated by OCJP as the grant recipient; and WHEP2AS, the terms: of the grant provide that Santa Barbara should distribute to neighboring public entities a certain portion of said grant-funds it receives from OcjP; and WHEREAS, Section 6500, et., seq., of the Government Code provides that cities may enter into agreement to jointly exercise any power common to the contracting parties; NOW, THEREFORE, Santa Barbara and San Luis Obispo mutually agree as follows:' 1.. San Luis Obispo shall provide two detectives to parti- cipate full time. and one &ezr � p se�e�ant. and one clerk to participate 20 percent of full time in the Narcotic Addict Control and Crime Re duction Program -- Third Year. 2. Santa Barbara will reimburse San Luis Obispo from OCJP funds actual costs up to a maximum of $4239.00 per month, for salaries and benefits of personnel provided by San Luis Obispo to participate in this Program. From Julyl, 1978, a six percent in- crease in the maximum personnel costs reimbursement will become allowable. Duration of this agreement will b elimited to the ex- tent of time OCJP funds are available (approximately nine to ten . months unless supplenental funds are granted). 3. San Luis Obispo will maintain records as required by OCJP Fiscal Affairs Manual and provide City with appropriate docu- mentation to support claims for reimbursement. San Luis Obispo will also maintain operational records pertaining to the Program as iden- tified by the Project Director.. 4. In accordance with OCJP grant requirements, San Luis Obispo shall provide a minimum of 5.2 percent of the amount of grant funds provided by OCJP, and conveyed to San Luis Obispo pursuant to this Agreement, as "hard - match ".funds to be used for benefit of the grant. 5. All equipment and supplies provided by Santa Barbara to San Luis Obispo shall be replaced by San Luis Obispo if lost, stolen or damaged other than through normal wear. 6. San Luis Obispo agrees to defend, indemnify and hold harmless Santa Barbara, its agents, employees and officers against any and all damages, claims, liabilities, costs, suits., or expenses arising out of any act or omission of San Luis Obispo or its employees, - 2 - subcontractors, agents, officers, or consultants in connection with or attributable to the performance of the services provided for herein. IN WITNESS WHEREOF, the.,parties hereto have.executed this agreement in duplicate.on the date first above written. Approved as to Content: Chief of Police Approved as to Form: ZyAttorney Attest: Deputy City Cler CITY OF SANTA BARBARA, a Municipal Corporation - 3 - Approved as to Content: Chi tall of Police Approved as to Form: City Attorney Attest: s7 1. H. Ft47PATRICK City Clerk CITY OF SAN LUIS OBISPO By sj KENN 71H E. SCHWARTZ _ Mayor RESOLUTION NO. 3709 (1978 Series) A RESOLUTION OF INTENTION TO GRANT CABLE TELEVISION FRANCHISE. WHEREAS, Sonic. Cable. TV has applied to the City for renewal of its cable television franchise; and WHEREAS, Sonic Cable TV has .indicated that all equipment has been recently upgraded and renovated in anticipation of such renewal; and WHEREAS, the City Council deems it to be in the public interest to award a new franchise for cable television service; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That in accordance with.Article X,"-z'­-of the San Luis Obispo City Charter, Ordinance No. 778 (1978 Series) and application received pursuant to Ordinance No. 778, the Council of the City of San Luis Obispo hereby declares its intention to grant a non- exclusive franchise to construct, operate and maintain a community antenna television system in the City of San Luis Obispo to SONIC CABLE TV for a period of fifteen (15) years. SECTION 2. The franchise payment shall be four percent (4 %) of the monthly total gross receipts and the time and anount of minimum payment shall be as set forth in Section 5 of Ordinance No. 778. SECTION 3: The rate permitted to be charged to each subscriber thereto shall be as provided in Resolution No.. 2643 (1974 Series) and Resolution No. 1088 (1963 Series). SECTION 4: The terms and conditions of the franchise shall be in accordance with Ordinance No. 778 (1978 Series) and the application of the proposed Grantee, copies of which are on file in the office of the City C1erk,,City Hall, 990 Palm Street, San Luis Obispo, California. AG:ktm 9/21/78 R 3709 Resolution No. 3109 (1978 Series) SECTION 5. A public hearing shall be held on +Decembei =5— _1978 , at _7400 P.M. in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, when any person having any interest therein or any objections to the granting thereof may appear before the City Council and be heard thereon. SECTION 6. The City Clerk shall publish this Resolution in the Telegram- Tribune, a newspaper published and circulated in said City at least once,'within fifteen (15) days of'the passage hereof. On motion of Councilman Settle seconded by Councilman Drnnin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES.: None ABSENT: Councilman Petterson the foregoing Resolution was passed and adopted this 8th day of November 1978. ATTEST: C' er1. H. -Fitzpatrick_ Approved as to orm: City Attorney Allen Grimes AG:ktm Approved as to content: -2- 9/21/78 f 1 RESOLUTION N0. 3708 (1978 Series) A RESOLUTION OF APPRECIATION EXPRESSING THE CITY COUNCIL'S APPRECIATION TO ALLEN GRIMES FOR HIS LEGAL SERVICES AND FORMALLY CONFERRING TEE 'TITLE "CITY ATTORNEY EMERITUS." WHEREAS, in 1976, the City Council engaged City Attorney services on a, contract basis; and WHEREAS, through its contract with the legal firm of Wendt, Mitchell, Sinsheimer, de la Motte & Lilley, the City Council was able to obtain the legal services of one of California's best known City Attorneys, Allen Grimes; and WHEREAS, Allen Grimes- had previously served a total of twenty -five plus years as City Attorney for the Cities.of.Modesto and - Beverly Hills; and WHEREAS, Allen Grimes is a recognized charter consultant and an authority on municipal codes; and WHEREAS, this Council believes it was indeed fortunate to have the benefit of Allen Grimes' legal advice on a part -time basis; and WHEREAS, the City has now engaged a fullJtime, employee City'Attorney; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council hereby expresses its gratitude and appreciation to Allen Grimes for the expertise and knowledge made available to this City during the two plus years of contract.services. SECTION 2. That this Council hereby formally confers the title "City Attorney Emeritus" on Allen Grimes in recognition of the fine services provided as City Attorney for the City of San Luis Obispo. On motion of. Councilman Settle and on the following roll call vote: seconded by Councilman Dunin R 3708 Resolution No. 3708 (1978 Series) AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES:. None ABSENT: Councilman Petterson the foregoing resolution was passed and adopted this 8th day of November, .1978. ATTEST: 7116rT J.H. Fitzpatrick .Approved as to form: Approved as to content: a.r..cQ s�f.alcct c s.yo ; City Attorney City &AffiirfiTWastivE Officer Y r RESOLUTION NO. 3707 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING CERTAIN IMPROVEMENTS IN TRACT PdO. _4-44 AND APPROVING AN AGREEMENT'DEFERRING THE INSTAL- LATION OF CERTAIN OTHER IMPROVEMENTS IN TRACT NO. 444, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. With the eiception,of the improvements described in Section 2, hereinbelow, the off -site improvements and public easements as shown on the final subdivision map of Tract No. 444 shall be and are hereby accepted for maintenance by the City of San Luis'Obispo. SECTION 2. That certain agreement entitled "Amendment No 1 to Sub- division Improvement Agreement for Tract No. 444 (copy attached), approving deferral of off -site drainage -system improvement work for Tract No. 444 under certain conditions, - hereby is approved. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote:. AYES: Councilmen Dunin,.Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed-and adopted this gth day of 1978. r10*16 Approved as to form: Approved as to content: City Attorney City Admin' ratio Officer R 3707 AGREEMENT. AMENDMENT NO. 1 TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 444 This agreement, made and entered into this 8th day of November 1978, by and between CUESTA ASSOCIATES (hereinafter called "Subdivider. 11) and THE CITY OF SAN LUIS OBISPO (hereinafter called "City "). W I T N E S S E T H: WHEREAS, on March 1, 1976, Subdivider and City entered into an agreement wherein as a condition of City's approval of a subdivision map for a parcel in City known as Tract No. 444, Subdivider agreed to construct and install certain subdivision improvements; and WHEREAS, a copy of said agreement is on file in the office of the City Clerk; and WHEREAS, as security for the completion of said subdivision improvements, Subdivider filed a faithful performance bond in favor of City in the amount of $457,000.00; and WHEREAS, Subdivider has completed all improvement work except the off tract drainage system improvement work as described and shown in the construction plans for Tract No. 444, on file in the office of the City Engineer; and WHEREAS, Subdivider now desires to defer instaliation of the described off tract drainage system improvement work until such time as Subdivider installs those.subdivision improvements required by City as a condition of approval of a final subdivision map for subdivision premises known as Tract No. 603, contiguous to Tract No. 444; and WHEREAS, City is willing to allow subdivider to,•defer installation of the described off tract drainage system improvement work; NOW „ THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. The above referenced-subdivision improvement agreement for Tract 444 is amended to provide that Subdivider may defer construction of the described off -site drainage system improvements until such time as Subdivider installs those subdivision improvements required by City as a condition of approval of a final subdivision map for Subdivider's premises known as Tract No. 603, contiguous to Tract No. 444; provided, however, that the deferred work shall be completed no later than one year from the date of.execution of this amendment to agreement., first written above. Section Z,. City agrees that the penal sum of the subdivision performance bond (Fidelity and Deposit Company of Maryland, No. 5966580) filed with the subdivision improvement- agreement, may be reduced to $40,000, a sum estimated by City to be the cost of installation of the described off-site drainage system improvement work for Tract No. 444. A copy.of the bond and a rider so reducing the penal sum are attached hereto. Section 3. Except as provided herein, all terms and conditions of the subdivision improvement agreement for Tract No.. 444 shall remain in full force and effect. IN WITNESS WHEREOF, this amendment to agreement is executed on the date first written above.. UESTA ASSOCIATE,,--7� Z onr aser ?terrt I�Saker CITY OF SAN LUIS OBISPO ATTEST: -- s7 KEEN TH- E. SCHWARTZ -- - - -- - -_. sj J. H. FITZPATRICK Mayor Kennet I h E;-Schwartz City Clerk J.q.- Fitzpatric _ yuc ut- 1 -A-uu: t::iaLeeu zur L.015 DUnu is $6,855.00 Dollars --for the terra thereof. o e Fideli d �� osit (, tY p Anpany HOME OFFICE OF MARYLAND BALTIMORE, MD. 11203 SUBDIV13ION PERFOR1ANCE BOND KNOW ALL INIEN BY THESE PRESENTS: Robert R. Baker and - Leonard G. Blaser That we,-doing business. as CUESTA ASSOCIATES ----- ------------------ ------ - --- - - - - -- ------------ ------- - - - - -- -------------- - - -_ -- ...............as Principal...., and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation. created, organized and existing under and by virtue of the laws of the State of Maryland, as Surety, are field and firmly bound to CITY OF SAN LUIS OBISPO in the-sum of..FOUR HUNDRED FIFTY SEVEN THOUSAND AND NO /MR 457 000.00 ars($-- ........ ° ............ ...1, lawful monev of the United States of America, to the pavment of which, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That Wr. E1 c -, the above Principal :lave, agreed to do and perform t hie following work, to -wi'c: curb, gutters, sidewalk, street base and surfacing, water mains and sewer mains including laterals and water service drainage structures, ornamental metal electroliers, electric gas, telephone and cable television in Tract No. 444, Cue.sta, Highlands NOVT. TZ RZFOP.E, if the above bounden Principal ahall well an? Truly r.-:r-Form tizz2 above described wo_ ?, in accordance with all Plans and -- %cifications, all CITY O-rd�inances, wi�h_n he _imes specifiera, r oblr_gation shalll va_d', o hengise to remain in full force and Jeliva_y to the Principal of a statement signer: by the CITY 4 :.Aainser of the completion to the jatisfaction o . lo - CITY -� of all the imnrovement:s requires -o �e done by i 1ae Princi pal I.... be evidence of t ze performance of said work. 1`'7 rig-11=1 of action shall accrue under this bond to any person other t an the named O :li gae, STATE OF CALIFORNIA ss: � CITY AND COUNTY OF SAN FRANCISCO Onthis.... - ........................... -2 .. ........... ............... me ..... ......... ............ _._.._...__.:...................... :.. ....:.:............ .........:.....__...._...._..., a Notary Public, in and for the City and County and State John W. Bowen aforesaid. duly commissioned and sworn, personally appeared ................ .... ......... .. ....................... ..................... .--------------- .., ....... .............. known to me to be the person whose name is subscribed to the foregoing instrument as the Attorney -in -Fact of the Fidelity and Deposit Company of Maryland, and acknowledged to me that he subscribed the name of Fidelity and Deposit Company of Maryland thereto as .o•.•64 04 404 60 0 0 04•.4S,V;•31 own name as Attorn y -in -Fact. -............... ..................?eo':fr�, -- :... F L Notary Publ+Cin and for the Stalifor tiA City and County of San Francisco i San Frnncieco RIDER To be attached to and forina part of......SubdlVision (Trac ------- ..... - -- .I,onc , No --- .°.....----6 .... 0 dated the ._..... twenty_-seventh.- -..dav of .... February .... - --- - - ---_ 1y 76 issued by the FIDL• -LITY AND UE•P-osit CCJMPARY of AIARYLA11t, as Surety, on behalf Df..Rgbert...R_._., Baker. & Leonard....G,,.., B• ..a-s•+mX-._dba..-_-•.--- __Cuest-a ... Associates as Principal, . - . . .................................................. .............._................ ......... -- ' in the penal sum of_._Four .... huadred_.,.fi f ty- seven_ .thousand -_'and._0UINIlars (g -457, 000,_00•, and in favor of ........City .Of _San Lll1s. .Obi.spO In consideration of the premium charged for the attached bond, it is hereby agreed that the attached bond be amended as follows: The penal sum is reduced to Forty Thousand Dollars ($40,000) This penal sum of Forty Thousand Dollars and this subdivision bond only applies to that part of the off site storm drainage in connection with Tract 444 which remains to be completed across the proposed Tract 603. All other off site work guaranteed by this bond has been completed and accepted.by the City of San Luis Obispo. Pruti ied, lltmever, that the attached bond shall he subject to all its agreemrots, iiutitjtions and conditions except as herein expressi"v modified, and lurther that; tht• li,lhilit�- of the Surer% -under the :urlchc�l b�ni�l :un! the attadlcd bond as ;upended by this rider shall not be cunnd:ltive. This rider shall become ctfecti%e as of the.. -- eleventh.. . Lt, r October 78 - ............_ ....... ...................19.......... signed, scaled and ila4d hi.._ ._ . _ e.l:.ev-- -e-._n ...t..h ....... ,,......October 78 ... _....._ . .................... 19.......... v At mzq: - — .......................... ............... .\ ....... -... ..... ....... .— .................. PRINCIPAL ............ .... ......._ .... ... .... ......... ........................ - ....... ....... ........................................................... -- - -- FIDVIA 1'Y AND DEPOSIT COMPANY uh MARY1-ANI) AccnrTED: .� �.. ---............. y-------------------- ...... .....:....... . L' .._.....- .....r 7'7'7'••7' City of San Luis Obispo .............................. John W. Bowen Attorney -in —fact )1123 OG -723; <n 722) 20\1, 10.76 1(1177')2 State of California City and County of San Francisco On this 11th day of nit char in the year nineteen hundred and 7R A. D., before me, Patricia K, Stark, a Notary Public in and for the City and County of San Francisco, State of California, residing therein, duly commissioned and sworn personally appeared John W. Bowen , known to me to be the Attorney -in- Fact of the Corporation which executed the within and annexed instrument; and acknow- ledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said City and County the day and year in this certificate first above written. r �! Power of Attorney FIDELITY AND ' uEPOSIT COMPANY OF ",.tARYLAND NOME OFFICE BALTIMORE, MD. 1�,Now ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of 114aryland, by C. 'M. PECOT, JR. , Vice- President, and C. W. ROBBINS . Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com- pany, which reads as follows: "The President, or anyone of the Executive Vice- Presidents, or any one of the additional Vice - Presidents specially authorized power, ta Assistant sto dn the Ba tDirectors or by the Executv mmt ' isnt Vice - Presidents, Resident or any o he S ri it Resident t Vice-Presidents, Ass Secretaries and Attorneys-in -Fact a the business of the Company may require, or to authorize any person or .persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instruments in the nature of mortgages, and also all otherinstruments and docu- ments which the business of the Company may require, and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint John W. Bowen of San Francisco, Calif 03=a. its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, {or, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings..... • . ance of these presents, shall be as binding upon said Il t e execution of such bonds or undertakings in pursu Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of John W. Bowen, dated June 10, 1974• The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force IN WITNESS NN"HEREOP, the said Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY Or MARYLAND, this ..... -- --- -' ----- day of__ .............. --- Febxfaaz�r -- --•----- •---- - - - - -- A. D. 19.-7.7.-- - FIDELITY AND DEPOSIT COMPANY OF MARYLAND J oDEPOS +. .• + ATTEST: ei ,l n ! 0 5 L if �� q �(yJ'JA . - - -- %: sm, Tw C_17.JS��f'YS7"„'"s/.----'--' BV–_.....''–'--- -....._-----._...--••--`-57dtnl 1 - --.-- ---.-- ---• -- Vice -Prr • Assistant Secretary STATE OF MARYLAND 1 ss: CITY OF BALTIORE 1) February A.D. 19 77 before the subscriber, a Notary Public of the State of On this 17th day of ua!ified, came the above -named Vice- President and Assistant Maryland, in and for the City of Baltimore, duly commissioned and q _ Sn and who executed he precediing instrument, and they each acknowledged the lexec Lion of the same,land being by me duly sworn, described severally and preced g each or imentli sthe Corporate Sealtof said Company said t the said Corporate Seal aforesaid, heirhignatures as such officers were dui} affixed and subscribed to the said instrument. by the authority and direction of the said Corporation. I IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sea n,_at the City of Baltimore, the day and year first above wr ttqn. ,NOA. ",' °•� ......... ,% V: ? *e r t *= Notary Public Commission Expires,,TUly--- 4..1928 •. P Cr 2�'3 uE` : CERTIFICATE nr,MO ..... c`S�`,,. 1, the undersigned, Assi =_rani 5 @cretary of the FIDELITY nsn DEPOSIT COMPANY n lull force and effect on do he date of this certify 1te;randal Power of Attorney of which the foregoing is a full, true and correct cop - do further certify that the Vice - Pre<_ident who executed the said Power of Attorney was one of the additional Vice - Presidents spe- cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI. Section 2 of the By -Laws o{ the FIDELITY AND bEPosrr CO3iPANY OF ';\'IARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY of MARYLAND at a meeting duly called and held on the 16th day of July, e Company, RESOLVED: "That the facsimile or mechanically reproduced signatu any 'Illy eofhattor eyrissu d bythe Coman,tshallibe made heretofore or hereafter, wherever appearing upon a certified copy P valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WTIEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,'this el eve nth... =- - -- - - -- -day of..----- October.. ................. 19. -78. - ....... . .... ....... . ..... ..__.. ---- " " " " " " "--- '- - - - .. .tssislrtrt S retarY L1419 —Ctf. .20472S Approved as to form: •Approved as to content: City Attorney City Adini4ffstrative Officer RESOLUTION NO. 3706 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING'FINAL APPROVAL OF PARCEL MAP SLO -78 -85 LOCATED AT 1348 CECELIA CT. (NATHAN J. LEVIN APPLICANT) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map SLO -78 -85 as contained in Resolution 3572 (1978 Series) . SECTION 2: This Council now grants final approval of Parcel Map SLO- .78 -85 (Nathan J. Levin Applicant) and authorizes the Mayor to sign the agreement. On motion of Councilman Settle. seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen., Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution was passed and adopt 1978. ATTEST: J.H. Fitzpatric Approved as to form: City Attorney George C. Thacher 8th day of November � Approved as to content: �000� City istrative 0 icer ..r Writ. y En inNer R 3706 i s 5 r Rec?,rding Requested By: CITY OF SAN LUIS OBISP_O `When Recorded, Please Return To: C= C s © r:CE City of San Luis Obispo P.O. Box 321 can. Luis Obispo, CA 93401 DEED OF EASEMENT NATHAN J. LEVIN AND JOHN N. 14HITE as Grantors, hereby grant to the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, as Grantee, the following easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: A permanent 10- foot -wide easement for creek maintenance and streambed cleaning purposes and for maintenance, replacement, or enlargement of the existing concrete box storm drain which traverses Parcels A and B as shown on Parcel Map SLO 78 -85 recorded in Book Page of Parcel Maps lying within the City of San Luis Obispo,-County of San Luis Obispo, State of California, in the Office of the County Recorder of said County; the centerline of which is described as follows: Beginning at the most southerly corner of Parcel B, as shown on Parcel_ Map SLO 78 -85, recorded in Book at Page of Parcel Maps; thence N36025'00 "W a distance of 11.78 ft. to the true point of beginning; thence.N22 053'44 "E a distance of 162.76 feet more or less to the northeasterly line of Parcel A of said Parcel Map. The sidelines are foreshortened or lengthened so as to terminate at the respective lot lines. The City agrees to restore any landscaping or exterior improvements that may become damaged by the City's operations to as near their original condition as possible. Vehicular access along the easement shall be forbidden without permission of the respective property owners.. The City further agrees to grant the irrevocable right of the owner of Parcel "B" of Parcel `tap 78 -85 (1348 Cecelia Court) to reconstruct the existing dwelling "in like and kind" over said easement in case it were destroyed, in whole or in part, by any cause, provided the replacement is in accordance with current building laws at that time. IN WITNESS WHEREOF, Grantor has hereunto caused his name to be subscribed this 2 <Z eday of ,1978. Sr Recii-ieling Reauested By: CITY OF SAN LUIS OBISPO When Recorded, Please Return To: 0177 C= 3 Or r"cc£ City of San Luis Obispo P.O. Box 321 S= S Luis Obispo, CA 93401 DEED OF EASEMENT NATHAN J. LEVIN AND JOHN N. WRITE as Grantors, hereby grant to the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, as Grantee, the following easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: A permanent 10- foot 7wide easement for creek maintenance and streambed cleaning purposes and for maintenance, replacement, or enlargement of the existing concrete box storm drain which traverses Parcels A and B as shown on Parcel Map SLO 78 -85 recorded in Book_ , Page_ of Parcel Maps lying within the City of Sari Luis Obispo, County of San Luis Obispo, State of California, in the Office of the County Recorder of said County; the centerline of which is described as follows: Beginning at the most southerly corner of Parcel B, as shown on Parcel Map SLO 78 -85, recorded in Book at Page of Parcel Maps; thence N36025'00 "W a distance of 11.78 ft. to the true point of beginning; thence N22053'44 "E a distance of 162.76 feet more or less to the northeasterly line of Parcel A of said Parcel Map. The sidelines are foreshortened or lengthened so as to terminate at the respective 1nr linen TO <a7 C. (individual) @ O tents that STATE OF— '"";P9=1 � � � SS. 1 condition COUNTY OF d JJ On (9g! ft )7 P 1' S . .1 !?'i b �beefore me, the undersigned, a Notary Public in and for said n without State, personally appeared o ,t d TNa :�e I-O H ees to grant known to me 5 (1348 to be the person whose name Is subscribed „ to the within instrument and acknowledged that he r d over executed the same. WITNESS my �dd and offici a y cause, I s at that Name (Typed`or Printed) (This area for aMeial notarial aeon uhscribed ( STATE OF LIFORMA j .. COUNTY O I SS. O" — � t — � before me, the undersigned, a Notary Public in and for said County and State, personally appeared 4 ( ti known to me to be the person whose name attbseribed (o the within instrument and ac towkd t RRd'dt` =MZ — ae ed the tome Name ITyped or Printed) INotary Public in and for said County and State FOR NOTARY SEAL OR STAMP "fly Cor.:3ii=?r. Exaitw i:i::y c3, °0 t+ L .'.' C E R T I F I C A T E O F A C C E P T A N C E * * * * * A * * * THIS IS TO CERTIFY that the interest in real property conveyed by the Deed of Easement dated July 24 , 19 78, from Nathan J. Levin and John N. White . to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959,•in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: November 9.,_1978 CITY OF SAN LUIS OBISPO By. s7 KENNETH_ E: SCHWARTZ Kenneth. E. Schwartz, Mayor [NV-**Vi1A s7 !. H. FITZPATRICK J.H. Fitzpatrick, City Clerk RESOLUTION NO. 3705 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 744 (VILLA FONTANA) LOCATED AT 2895 SOUTH HIGUERA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after: - consideration of the Tentative Tract Map No. 744 (Villa Fontana), 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 or 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. SECTION 2. That the approval of the Tentative Tract Map No. 744 be subject to the following conditions: UTILITIES: - dater and Sewer (1) Water and sewer charges be paid to the city as determined by the City Engineer. (2) Water and sewer lines shall be constructed and provided with easements to the satisfaction of the City Engineer and Utilities Engineer. - Private Utilities (3) Easements to be granted to utility companies and cable T.V. to their satisfaction. DRAINAGE: (4) Storm drainage system in the project to be maintained by the homeowners association. (5) Surface drains shall be constructed with reinforced concrete. (6) Overflow structures in drainage ways should be designed to carry water to Higuera Street should catch basin;become-,clogged. (7) Storm drains to be located under streets wherever possible. (8) Applicant shall construct new storm drain in Higuera Street and to San Luis Creek with necessary easements dedicated to the city to satisfaction of the City Engineer. System to be designed to city standard sufficient to handle-total-area of contribution._ _ - - - - R 3705— - — ,. Resolution No. 3705 Tentative Tract Map No. 744 Page 2 -STREETS: (9) Private streets shall be designed to traffic index of 4.0. (10) Curb and gutter on all private streets withtm 3 -foot level area behind curb -face. (11) Higuera Street frontage shall be dedicated ( per adopted plan line) on Parcels A and B. (12) Full street improvements to be provided along full length of Higuera Street frontages. (13) Stop signs and street name signs to be provided to the satisfaction of the City Engineer. MISCELLANEOUS (14) Street trees to be planted, one per 35 feet of frontage, type and location to be approved by the Public Services Department. (15) The applicant shall submit draft declaration of covenants, conditions and restrictions (CC &R's) and documents related to the creation of a homeowner's association at time of filing tentative tract map for review and approval by the Community Development Director and City Attorney The CC &R's shall contain the following Drovisions_:_ a. A homeowner's association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including landscaping, private streets, driveways, lighting, walls, fences, drainage facilities, building exteriors and community recreation building; b. A right of the City of San Luis Obispo to compel performance if the homeowner's association fails to perform and assess the homeowner's association for expenses incurred; c. No parking in private streets except in approved designated spaces; d. A grant to the City of San Luis Obispo the right to tow away vehicles on a complaint basis which are parked in unaughorized places; e. No outside storage of boats, campers, moterhomes, trailers or inoperable vehicles; f. No unscreened outside storage by individual units. (16) All utilities on the site (existing and proposed) shall be placed under ground. (17) Plans for proposed new access road to the radio tower shall be approved by the Planning Commission. (18) All illegal billboards on the site shall be removed. (19) Open space easement shall be granted to the city on that portion of parcel A shown on exhibit 'A' attached. The open space easement shall preserve the area in natural undisturbed open space and shall be approved by the Planning Commission and City Council. (The purpose of the easement is to preserve the natural open area behind the planned development.), (20) Fees in lieu of park dedication shall be paid. 53 (54 units - 1 existing residential lot) and $150.00 per unit = $7950. (21) Individual water meters shall be provided for each unit. (22) Water line easement to the east tract boundary shall be granted to the city for future water line extension. Resolution No. 3705 _J Tentative Tract Map No. 744 Page 3 On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed and adopted this 8th day of November ,1978. ATTEST: Ci rk, . H. Fitzpartick APPROVED AS TO FORM: APPROVED AS TO CONTENT: City KWHIrtrafftcr Officer, Leland Walton City Attorney, George Thacher drs 10.27/78 U LI Community Development Department Senior Planner, Dan Smith F Item 4 & 5 .. I— „ 7 . • I 21 li IV Za 4 t 40 VtAt b-1 1.4 li IV Recording Requested By: o97sy� � rUO000.QQCAR,: CITY OF Sa,N LUIS OBISPO � ; - ,� � 3^ �'' � Ct When Recorded Please Return to: Ca z7 CLERICS OFFICE LM. 140. 53579 City of San Luis Obispo RESOLUTION1 NO. 3704 (1978 Series) OFFICIAL RECORDS P.O. Box 321 3AN LUIS OBISPO Me CAL San Luis Cbispo, ACA 93491 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS NOV 13 1978 OBISPO FINDING THAT A PORTION OF FLORA STREET IS NO LONGER NEEDED FOR STREET PURPOSES AND ABANDONING WILLIAM E. ZIMARIK SAME WITH RESERVATIONS FOR UTILITIES EASEMENTS. COUNTY RECORDER nME 0 3 AW WHEREAS, Flora Street has been realigned to connect with Southwood Drive; and WHEREAS, a portion of Flora Street is no longer needed for street purposes; and WHEREAS, this council held a public hearing on November S, 1978, to consider the abandonment of the portion of Flora Street as shown on the map marked Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, this council finds that the described portion of Flora Street is not needed for present or future street purposes except for reservation of the entire abandoned portion as a utilities easement for present and future uses; NOW, THEREFORE, BE I.T RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the portion of Flora Street in front of 3295 Flora Street as shown on Exhibit "A" attached, is hereby abandoned subject to the reservation of the entire abandoned portion as a utilities easement. SECTION 2. That.tiie 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 San Luis Obispo County Recorder's Office. On motion of Councilman Jorgensen and on the following roll.call vote: seconded by Councilman Settle R 3704 ,-VOL 2113 �MV6 552 Resolution No. 3704 (1978 Series) AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed and adopted this 8th day of November 1978. ATTEST: - Cit r .H. Fitzpatrick Approved as to form: Approved as to content: City Attorney City A ist ativ f icer ity jineer / Community De,elopment Director. t VOL2113 PAGE 553 i w •, U7� ti •F E- W Lno°w= =LL E-O W QE -F U W Z W Z Uz E-) • w E- z W W ? F 3 LWL• W U3 z N °LOCnE- N <V) tnF o ¢z .4 LL o LL. 0 a n w z 00 LL LL Ln w E - mIlzr W 0 �¢ °�o�z �--i 'a Ez-• w a as Ln¢ =EiLLu w`n�zcn rn> w Qz E- zE- w;o o ~W o°aZE - -• W� °w �¢aoFz LaL o c LL. W- U) = <c u u 00 U F¢ FzW U W W O W Om E- WL 3 OaW Q' -+ �0 E-O E- a z zCujm .iE- CL =Z c z 3 00 U E- u 1 -4 F a Q�= Wnrn LLO FE-E- m00rM0 Ln I OI �r� 1 END OF DOCUMENT a IO llqsk In 07 Q O 3 Lo z v �ry e 6f, U Q F- m O • z W i W vi _a W Q uj V,) QLLI O J W I.- Ln Q n Iw �m =m W0 F- Z W 2 Z 0 D Z Q m Q I--:* L ' Q ry O J LL.. XR : vo�2113 554 -S a _ / b ' 1 RESOLUTION NO. 3703 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING JOINT POWERS AGREEMENTS FOR NORTH_ COAST TRANSIT AND FOR HANDICAPPED TRANSIT. BE IT RESOLVED by the Council of the City of San Luis Obiso as follows: SECTION 1. That certain joint powers , agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo, City of Morro Bay and the County of San Luis Obispo to..form a.joint powers agency known as "North Coast Transit," is hereby approved and the Mayor is authorized to execute the same. SECTION 2. That certain joint powers agreement, attached hereto marked Exhibit "B!' and incorporated herein by reference, between the City of San Luis Obispo, City of Arroyo .Grande, City of Grover City, City of Morro Bay, City of Paso Robles, City of Pismo Beach and the County of San Luis Obispo for handicapped transit is hereby approved and the Mayor is authorized to execute the same. SECTION 3. The City Clerk shall furnish copies of this resolution and the executed agreements approved by it to the appropriate governmental agencies and staff. On motion of Councilman Settle, seconded by Councilman Jorgensen, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed ATTEST: this 17th day of October, 1978. R 3703 Approved as to form: George C. Thacher, City Attorney ( 1 Approved as to content: Cii7fi trative Officer l JOINT POWERS AGREEMENT NORTH_COASTAL TRANSIT This Agreement, by and between the Cities of Morro Bay and San Luis,Obispo, and the County of San Luis Obispo, is hereby entered into pursuant to Section 6500 et seq. of the Government Code of the State of California. ARTICLE I GENERAL PROVISIONS SECTION 1: PURPOSES. The purpose of this Agreement is to exercise the common Powers of the member agencies by the formation of a Joint Powers Agency with full-power and authority to own, operate and administer a public transportation system within the territory over which the Joint Powers Agency has jurisdic- tion. (See map attached hereto as Exhibit A). SECTION 2: NAME. The legal name of the Joint Powers Agency shall be "North Coastal Transit ". SECTION 3:' POWERS. The Agency shall have all powers necessary to carry out the purposes of this Agreement, except the power to tax. The power to expend funds shall be limited only by the availability of funds as set forth in Section 1 of Article III, Financial Provisions of this Agreement. The powers of the Agency specifically include, but are not limited to, the following: a. To operate a public transit system to serve the Highway 1 Corridor between the Cities of Morro Bay and San Luis Obispo including the Baywood -Los Oscs Area, as is shown on the map.attached hereto as Exhibit A. b. To sue and be sued. C. To employ agents, employees and to contract for professional or other services. d. To make and enter into .contracts including labor and employment contracts. e. To acquire, convey, construct, manage, maintain and operate buildings and improvements. EXa'HlB l "A'►. f: To acquire and convey real and personal property. g. To incur debts, liabilities And obligations. h. To apply for and execute contracts of financial assistance from state and .federal agencies and to obligate . the agency to operate the improvements, equipment, or trans - portation system in accordance with the terms and conditions of said financial assistance. i. To purchase necessary insurance. SECTION 4: AGENCY IS A PUBLIC LEGAL ENTITY: The Joint Powers Agency, North Coastal Transit, is a public entity duly formed and existing under the laws of the State of California. It is a separate and .distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to this Agreement, or those created pursuant to previous Agreement, shall be solely the obligation of the North Coastal.Transit and not those of its member agencies or of officers, employees, members of the Board of Directors or members of the member agencies. ARTICLE II ORGANIZATION .SECTION 1: BOARD OF DIRECTORS. The powers of the agency are vested in its-Board of Directors. The Board of Directors shall be composed of one representative from each member agency. Each member of the Board of Directors shall have one vote.. Each member agency shall appoint one regular member and one alternate member to the Board of Directors, and shall notify the agency in writing of their appointments or of any change of represen- tative. The representative shall serve solely at the pleasure of the appointing member ageny. Representatives shall be c_11 either elected officials or member agency. officers or employees of the - SECTION 2: MEETINGS- VOTING QUORUM. The Board shall establish a time, place and date for a regular monthly meeting. Regular meetings may be adjourned from time to time.' Special meetings may be called by the Chairman or upon written request of any two members of the Board. Members shall be given at least 48 hours written notice of special meetings, provided however, the represen- tative of any member may waive said notice.. A majority of the members shall constitute a quorum for the transaction of business. 2 - Unless specifically limited by this Agreement, the vote of a majority of the members present at any regular, ad journed or special meeting shall be sufficient to act upon any matter. SECTION 3; OFFICERS. The Board shall elect a Chairman and Vice - Chairman, and the Vice- Chairman shall act it the absence of the Chairman. The Board shall also elect such other officers as deemed necessary. A11officers shall serve for a term of one vear from the date of their election or until their successors are elected. The Chairman or Vice- Chairman is authorized to execute all documents in the name of the Agency. SECTION..4: ADMINISTRATION. The Board may, in its discretion, appoint an Adminis- trator of the transit system, to serve at the pleasure of. the Board, and to have the power to certify agency documents as required by law and to assume such duties and responsibi- lities as the Board may direct: SECTION S: NEW MEMBERS. ` The Board may accept new members to the Agency on such terms and conditions as the Board may prescribe. SECTION 6: CHANGE OF BOUNDARIES. The boundaries of this Agency are subject to change, as set forth hereinafter. If any portion of the unincorporated area of the County is annexed to .a member city, that annexed portion shall automatically be .included within the boundaries of this Agency, and the said member city shall assume any obligations of the County as to that area. If 'a new city should be formed in any portion of the unincorporated area of the County presently included within the territory of this Agency, and if such a new city should become a party to this Agreement, then the affected area shall be the respon- sibility of the new city and the County shall not be respon- sible for any obligations on account of the area so included within the new city as of the effective date of the incor- poration.of the.new city. The boundaries of this Agency shall be adjusted to reflect annexations or new incorpor- ations as set forth hereinabove.. - 3 - l ARTICLE III FINANCIAL PRQV.ISIONS r SECTION 1: BUDGET - LIMITATION OF .FINANCIAL COr�U- IITMENT. The Board shall establish the fiscal year for the Agency and shall, prior to the commencement of each fiscal year, adopt an annual budget. The budget may additionally carry funds for future fiscal vears where necessary to reflect obligations under state or federal_ funding agree- ments, to the estent allowable by California law: The Board shall not obligate the Agency to expenditures without express approval of the legislative bodies of the member agencies. No member Agency shall be required to expend any of its general fund ',conies to support the opera- tions of the Agency, unless said expenditure is first approved by the legislative body of the member agency. The operation of the transit system shall be locally funded from SB 325 monies or from grant monies, and from-revenues derived from operations. Each member shall make _ an annual contribution to the agency for funding the adopted budget. The formula will consider population of the area served and estimated daily passenger miles eminating from the members' jurisdic- tion. One half of the systems cost will be funded according to population, the remaining half according to estimated passenger miles. The population percentages shall be.based annually on figures prepared from SB 90 estimates of the State Department of Finance. SECTION 2: EXPENDITURES. The Board may establish procedures and policies to insure competitive prices for the purchases of goods and services. Formal bidding shall not be required unless directed specifically by the Board or unless required by state or federal law. Particularly in the purchase of equipment, including buses, the Board may consider the design, maintenance and operating costs, and other similar factors in determining the most suitable equipment and need not purchase equipment having the lowest initial cost. SECTION 3: TREASURER. Pursuant to Government Code Section 6506.5, the Treas- urer of the City of San Luis Obispo is hereby appointed as First Treasurer of the Agency The Treasurer shall have the powers and duties set forth in Government. Code Section 6505.5. The .Office of Treasurer shall be rotated annually unless otherwise directed by the Board. - 4 - SECTION 4: ANNUAL AUDIT. The Board of Directors shall cause an annual audit to be.prepared and filed in accordance with Government Code Section 6505. SECTION 5: PERIODIC REPORTS.- The Board of Directors may require periodic reporting of ridership, finances or other pertinent information. It shall be the responsibility of the contractor to provide such reports in a form acceptable to the Board of Directors. SECTION 6: OFFICIAL BONDS. The Administrator and such other- employees or agents as the Board may direct shall file an official bond in an amount to be determined by the Board. The cost of said bond(s) shall be born by the agency. ARTICLE IV MISCELLANEOUS__PROVISIONS SECTION _1: WITHDRAWAL OF MEMBERS. Any member of this Agency may withdraw at any time after written notice to the.Agency Board. If the Agency has contractual obligations to continue operation of a public transit system at the time of with- drawal of any member, the remaining members may impose such conditions upon the withdrawing member as may be reasonable, including future financial support to meet the contractual obligations of the Agency at the time of withdrawal. How- ever, the obligations of a withdrawing member under this section is limited the special transportation funds to which the withdrawing member would_be entitled, such as SB 325 funds, and this section shall not impose any obligation on the general funds of the withdrawing member. SECTION 2: AMENDMENT OF AGREEMENT. This Agreement may be amended at any time with the unanimous approval of the legislative bodies of the member agencies. No amendment to this Agreement shall be effective without such unanimous approval. SECTION 3:: RATIFICATION- EFFECTIVE DATE. This Agreement shall become effective upon ratification by all member agencies. .This Agreement shall be dated and shall be effective upon the last date ratified by a member agency. - 5 - r , SECTION d.: ASSIGN ABILITY. In the event it is deemed in the best public interest to have the public transportation system operated by another individual or entity, whether public or private, and oro- vided that the operation complies with State and Federal law, the Agency on the affirmative vote of all of its mem- bers, may sell, lease, or assign all of its real and per- sonal property and may cease operations upon such terms and conditions as the Board determines to be reasonable. SECTION 5: TERMINATION. This Agreement shall continue in full force and effect until cancelled by a majority of the member agencies. SECTION 6: NOTIFICATION TO SECRETARY OF STATE. Pursuant to Government Code Section 6503.5, the Agency shall cause a notice of the execution of this Agreement to be prepared and filed with the Office of the Secretary of the State of California, within thirty (30) days after the effective date of any amendment to this Agreement. Until such filings are completed, the Agency shall not issue any bonds or incur indebtedness of any kind. IN WITNESS WHEREOF, the parties this Agreement to be effective on the 1978, which is signing by a member. hereto have executed day of the last date.of CITY OF SAN LUIS OBISPO By: s% KENNETH E. SCHWARTZ Date signed: NQV - 8 1978 CITY OF MORRO BAY By: Date signed: COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of Supervisors Authorized by Board Action on 1978 Date signed: 7 - JOINT POWERS AGREEMENT FOR HANDICAPPED TRANSPORTATION This Agreement is made and entered into this day of , 1978, by and among such of the incor- porated cities df Arroyo Grande, El Paso de Robles, Grover City, Morro Bay, Pismo Beach and San Luis Obispo, all being municipal corporations of the County of San Luis Obispo, California; as may execute this Agreement, hereinafter called "Cities ", and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called "County" as follows: WHEREAS, Section 6500 et seq of the California Govern- ment Code (Title 1, Div. 7, Chapter 5, Article 1) pro - vides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions con- tained therein; and NOW, THEREFORE, it is agreed as follows: ARTICLE I General. Provisions Section 1. Purpose: The purpose of this Agreement is to exercise the common powers of the member agencies for the formation of a Joint Powers Agreement with full power and authority to own, operate and administer a county -wide public transportation system for the handicapped with the boundaries and over the territory over which the Joint Powers Agency has jurisdiction; until formation of a County Transit District, which will assume operation of a system when duly created. Should plans for the transit district fail; members may, at their option, adopt a new Joint Powers Agreement. Section 2.. Name: The official name of the entity shall be San Luis Obispo Regional Transit Authority and hereafter referred to as the Transit Authority. 1 s Wk to �1 `J ARTICLE II Organization Section 1. Board of Directors: The San Luis'Obispo Area Council of Governments is the same organization as the Transit Authority and the powers are herein vested. The Board of Directors will consist of the same delegates as serves the Area Council. Section 2. Meeting - Voting - Quorum. Meetings shall be part of the Area Council's regular meeting with special agenda provisions to conduct business of the Authority. Section 3. Officers: The officers of the Area Council shall serve as officers of the Transit Authority while this Agreement is in effect. Section 4. Manager: The Area Council shall designate a Transit Manager to operate the Authority until a Transit District or new Joint Powers Agreement is created. The Manager shall serve at the pleasure of the Council, with delegated powers to certify documents of the Authority as required by the Board and Law. Section 5. Members: 1. Membership shall be the same as the San Luis Obispo County Area Council of Governments. 2. Membership shall be contingent upon the execution of this Joint Powers Agreement. 120 days prior to the beginning of a fiscal year, any member may ask that this Joint Powers Agreement be re- ratified. Section 6. Boundaries: All of the area within the boundaries of San Luis Obispo County. The service area boundaries will be as designated by the Transit Authority.. ARTICLE III Financial Provisions Section 1. Budget - Limitation of The approval of the Annual Budget shall with procedures prescribed by the Joint the Area Council. The Annual Budget of be adopted sixty (60) days prior to the fiscal year. - 2 - Financial Commitment: Se in accordance Powers Agreement of the Authority shall beginning of the new The Authority shall not obligate itself to expenditures in excess of funds from revenues, State and Federal funding; including, but not limited to, the Local Transportation Fund. Section 2. Expenditures: The Transit Authoritv may establish procedures and policies to ensure competitive prices for purchase of goods and services. The County pur- chasing facilities should be utilitied when possible for the purchase of equipment including leases. Section 3. Commitment of Funds to the Transit Authoritv: The County and each City member of the Transit Authority agrees to give the Transit Authority its pro -rata share, based upon the ratios of population within the service area, of such funds required to implement the adopted budget. Section 4. Treasurer: Pursuant to Government Code Section 6505.5, the Treasurer of the County is hereby ap- pointed as Treasurer of the Transit Authority. Said Treas- urer shall have the power and duties as set forth in Section 6505.5 and the County shall be compensated for said services as provided in the Annual Budget, but not to exceed line item amounts. Section 5. Annual Audit: The Transit Authoritv shall cause an Annual Audit to be prepared and filed in accordance with Government Code Section 6505. The County Auditor is hereby appointed as Auditor of the Transit Authority and compensation will be provided for said services in the Annual Budget. Section 6. Periodic Reports: The Transit Manager shall be responsible for supplying the Transit Authority or its member agencies with periodic reports pertaining to ridership, finances or other pertinent information as required. ARTICLE IV Authority Section 1. Powers: The Transit Authority shall have all powers necessary to carry out the purpose of this Agree- ment, except the'power to tax. Its power to expend funds shall be limited only by the availability of funds as set forth in ARTICLE III: Finances, Section 1. The Powers of the Transit Agency specifically include, but are not limited to, the following: - 3 - a. To solicit bids from private enterprise for services and /or operation. b. To sue or be sued. C. To employ agents, employees and contract for professional services. d. To make and enter contracts including labor and employment contracts. e. To acquire, convey, construct, manage, maintain and operate necessary equipment, building and improvements. f. To acquire and convey real and personal property. g. To incur debts, liabilities and obligations of financial assistance from State and Federal agencies and to obligate the Transit Authority to operate the improvements, equipment or trans- portation system of the Handicapped in accordance with the terms and conditions of said financial assistances. Section 2. Transit Authority is a Public, Le al EntitS The Transit Authority is a public entity duly formed and existing under the laws of the State of Califonia. It is a separate and distinct legal entity from its member agencies. The debts, duties and obligations created pursuant to this Agreement, shall be solely the obligations of the Transit Authority and not those of its officers, employees, members of the Board of Directors or the member agencies. ARTICLE V Miscellaneous Provisions Section 1. Withdrawal of Members: Any member of this Transit authority may withdraw at any time after written notice to the Board of Directors. If the Transit Authority has contractual obligations to continue operation of a public transit system at the.time of withdrawal of any member, the remaining members may impose such conditions upon the withdrawing member as may be reasonable, including future financial support to meet the contractual obligations of the Transit Authority at the time of withdrawal. How- ever, the obligations of a withdrawing member under this section is limited the special.transportation funds to which the withdrawing member would be entitled, such as Transporta- tion Development Act funds, and this section shall not impose any obligation on the general funds of the with- drawing member. - 4 - r � Ic Section 2. Amendment of. Agreement: No amendment to this Agreement shall be made'without the consent of all member agencies at the time of the amendment. Section 3.- Ratification 7 Effective Date:. This Agree- ment shall_ become effective upon ratification by all member - .agencies. For convenience, this Agreement shall be dated upon the last date ratified by a member agency. Section-4. Assignability: In the event it is deemed in the best public interest to have the public Handicapped Transit System operated by another individual or entity, whether public or private, and.provided that.the assignment complies with State and Federal laws; the agency on affirma- tive vote of six (6) (Majority] members may sell; lease or assign all of its real and personal property and cease operations upon such terms and conditions as the.Board determines to-be reasonable. Section 5.._ Termination: This Agreement shall continue in full force and' effect until cancelled by a majority of the member agencies or the formation of a'Transi:t District to assume operation of the Regional Public Handicapped Transit System. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first.hereinabove written. CITY OF ARROYO GRANDE By: Clerk CITY OF GROVER CITY By: Clerk - 5 - DATE: RESOLUTION NO. DATE: RESOLUTION NO. CITY OF MORRO BAY By: Clerk CITY OF PASO ROBLES By: Clerk CITY OF PISMO BEACH By: Clerk CITY OF SAN LUIS OBISPO By: s% E. SCHWARTZ s7 J. H. FITZPATRICK Clerk COUNTY OF SAN LUIS OBISPO BY: Clerk I� 1 DATE: RESOLUTION NO.: DATE:' RESOLUTION NO. DATE: RESOLUTION NO. DATE: NOV 8 1978 RESOLUTION NO.—. DATE: MINUTE ORDER: APPROVED AS TO FORM AND LEGAL EFFECT oc. yV,�j, `L 19 .JAMES B. LINDHOLM, JR. OUNTY COUNSEL SA LUIS OBISPOU By m C UtvrV COUry E San Luis Obispo Regional Transit Authority Budget for Handicapped Transportation Fiscal Year 1978 -79 Project Administration Contract Payments and Miscellaneous Expenditures Advertising $1,000 General Administration 2,500 Annual Audit 1,500 Contract Payments 37,000 CITY OF ARROYO GRANDE By: Clerk CITY OF GROVER CITY By: Clerk CITY OF MORRO BAY By: Clerk CITY OF PASO ROBLES By: Clerk Total DATE: RESOLUTION NO. DATE: RESOLUTION NO. DATE: RESOLUTION NO. DATE:, RESOLUTION NO. $42,000 CITY OF PISMO BEACH By: Clerk CITY OF SAN LUIS OBISPO By: s1 mEN METH E. SCHWARTZ Cler H E117PAIRICK _ Cler COUNTY OF SAN LUIS OBISPO By: Clerk APPROVAL RECOMMENDED: By: Transit Manager DATE:. RESOLUTION NO. DATE: NOV - 8 1978 RESOLUTION NO. X703 DATE: RESOLUTION NO. RESOLUTION NO, 3702 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING AN URGENT NECESSITY TO DISPENSE WITH BIDDING PROCEDURES PROVIDED BY THE CITY CHARTER (SLUDGE DIGESTER - BIDS). WHEREAS, on October 17; 1978; the City's Department of Public Services opened bids for the emptying and cleaning of the No. 1 Sludge Digester at City's Wastewater Treatment Plant; and WHEREAS, the apparent .low bidder on the described project was not competent to bid in that it is not licensed in accordance with the provisions of Chapter 9; Division III of the California Business and Professions Code, a requirement set out in the bid specifications for the described project; and WHEREAS, this council has determined to reject the balance of the bids for the described project in that each of them is substantially higher than the bid estimate.of':$11,865..00; and WHEREAS, this council is advised by the`Director of Public Services., as follows: 1. That there are three sludge digesters at the City's Wastewater Treatment Plant; 2.. That the sludge digester subject of the described bids has been "down" for some time awaiting emptying and cleaning; thereto; 3. That the remaining two digesters are working at capacity or close 4. That to insure the efficient and safe operation of the Wastewater Treatment Plant, it is necessary that the No. 1 sludge digester be emptied and cleaned as soon as possible; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: R 3702 I� Resolution No. 3702 (1978 Series) SECTION 1. That pursuant to the Charter of the City of San Luis Obispo, Section 901(c), and based on -the recitals and statements hereinabove set out; this council finds that. because it is of urgent necessity to insure the preservation of health and property, the contract for the emptying and cleaning of the No. 1 sludge digester may be let as soon as possible without advertising for bids. SECTION 2. That appropriate city staff'is authorized to make adjust- ments to the original specifications for said emptying and cleaning, to provide when and under what circumstances a contractors license shall be.required. SECTION 3.. That if staff is able to negotiate a bid at or below the bid estimate ($11,865.00) this council hereby authorizes the City Administrative Officer to enter into an agreement for such work. Acceptance of a bid in excess of,such estimate shall require further action of this council. SECTION 4. That those bids submitted by entities competent to bid on the described project hereby are rejected by authority of the council's reservation of rights in the bid specifications, on the basis that the bids are substantially in excess of staff's bid estimate. On motion of _Councilman Jorgensen , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of October 1978. ATTEST: J C'` C erc . H..Fitzpatrick -2- Resolution No. 3702 Approved as to form.:- City Attufney G66r& C.- Thach6r (1978 Series) Approved as to content: strat Cita�;�linli�i�ative6�Oiffice:t Leland Walton �t RESOLUTION NO. 3701 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPLYING TO THE CALIFORNIA HOUSING FINANCE.AGENCY TO DESIGNATE THE CITY OF SAN LUIS OBISPO AN ELIGIBLE MORTGAGE ASSISTANCE AREA WHEREAS, the California Housing Finance Agency administers an investor- funded program to reduce interest rates for moderate- income buyers; and WHEREAS, this program is intended to expand opportunities for home ownership within cities and rural areas of the state; and WHEREAS, this program is consistent with the goals and policies of the City in (1) expanding opportunities for moderate- income ownership of moderate -cost housing, (2) encouraging residential development within areas of the city committed to urban use, and (3) making use of the services of the private sector in meeting community housing needs. NOW THEREFORE BE IT RESOLVED that the City will apply for designation as a mortgage assistance area and that staff is directed to prepare the neces- sary materials for review and endorsement by the Mayor. On motion of Councilman Petterso4 seconded by Councilman. Settle, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and a I>GYL:11 R 3701 Resolution No. 3701 Page 2 ATTEST: Cit erc itzpatrick Approved as to form: /AAI-It�E y George Thacher City"Attorney GM'va 10/11/78 Approved as to con nt: City WmTnistrative Officer Community t velopmfht Director A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION No. 3647 (SALARY RESOLUTION) BY PROVIDING FOR PAYMENT OF POLICE RESERVE OFFICERS UNDER CERTAIN CONDITIONS WHEREAS, the Police Department.is required to provide security at certain special events; and WHEREAS, the Police Department conducts crime prevention programs funded by special grants or revenue sharing, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to amend Resolution No. 3467 as follows: SECTION 1. Employees in the classification of Police Reserve Officer may be authorized by the Police Chief to be reimbursed at the hourly equivalent of step 1 for Police Officer for duties performed as outlined in Resolution No. 3453 and for crime prevention programs funded through special grants or revenue sharing upon approval of the City Administrative Officer. On motion of Councilman_.JorQ nsen seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle, and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and ATTEST: � r G' Clerk J.H. Fitzpatrick Approved as to form: City Attorney s 17th day of October,1978 Personnel.Director B 3700 esolution No. 3700(1978 Series) '4 A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION No. 3647 (SALARY RESOLUTION) BY PROVIDING FOR PAYMENT OF POLICE RESERVE OFFICERS UNDER CERTAIN CONDITIONS WHEREAS, the Police Department.is required to provide security at certain special events; and WHEREAS, the Police Department conducts crime prevention programs funded by special grants or revenue sharing, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo to amend Resolution No. 3467 as follows: SECTION 1. Employees in the classification of Police Reserve Officer may be authorized by the Police Chief to be reimbursed at the hourly equivalent of step 1 for Police Officer for duties performed as outlined in Resolution No. 3453 and for crime prevention programs funded through special grants or revenue sharing upon approval of the City Administrative Officer. On motion of Councilman_.JorQ nsen seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle, and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and ATTEST: � r G' Clerk J.H. Fitzpatrick Approved as to form: City Attorney s 17th day of October,1978 Personnel.Director B 3700