HomeMy WebLinkAbout6095-6099A ERICAN TITLE INSURANCE COMPANY
,",Recording requested by:
The City of San Luis Obispo
When recorded return to:
City Clerk's Office
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
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DOC. NO.. 715 7
OFFICIAL RECORDS `S£4. r. ;
SAN LUIS OSISPO CO., CA
OCT 3 01986
FRANCIS M. COONEY
County Clerk- Recorder
TIME 8:00 AM
A.P.N. 02- 445 -21
A.P.N. 02- 446 -09
RESOLUTION NO. 6099 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO FINDING AND DETERMINING THAT A PORTION OF
PACIFIC STREET BETWEEN SANTA ROSA AND TORO STREETS
IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET
PURPOSES AND ORDERING THE ABANDONMENT OF SAME SUBJECT
TO EASEMENT RESERVATIONS.
WHEREAS,.the City Council held public hearings on December 6, 1977 and
on October 7, 1986, pursuant to Division 9, Part 3, Chapter 2 of the
California Streets and Highways Code.
NOW THEREFORE BE IT RESOLVED, that the Council of the City of San Luis
Obispo finds and determines that a portion of Pacific Street between Santa
Rosa and Toro Streets, as described and shown on the map marked Exhibit
"A ", attached hereto and incorporated herein, is not necessary for present
or prospective public street purposes subject to (A) Recordation of a
parcel map to reflect new property lines, and (B) reservation of the
entire right -of -way for easements for city sewer and water mains,
drainage, and public utilities, including but not limited to:
1. Reservation of an easement for present and future City water and
sewer facilities and drainage purposes.
VOL 2905 PACE 372
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Resolution No. 6099 (1986 Series)
Page 2.
2. A permanent easement for the benefit of Pacific Gas and Electric
Company, the right from time to time to install, maintain, repair,
operate, replace, remove and renew lines of pipes, wires, poles, and other
structures, equipment and fixtures both above and underground for the
operation of said facilities.
3. Excepting and reserving therefrom, pursuant to the provisions of
the Streets and Highways Code, the easement and right at any time or from
time to time to construct, maintain, operate, remove, renew and enlarge
lines of conduits, cables, wires, poles and other convenient structures,
equipment and fixtures for the operation of Telegraphic and Telephone
lines and for incidental purposes, including access to protect the
property from all hazards.
4. A permanent easement for the benefit of Southern California Gas
Company for continued use and operation of existing or future gas piping
facilities.
The City Clerk shall cause a certified copy of this Order of
Abandonment, duly attested under the seal of the City to be recorded in
the Office of the Recorder of the County of San Luis Obispo, upon approval
of the final map mentioned above.
On motion of Councilman Settle seconded by
Mayor Dunin and on the following roll call vote.:
AYES: Councilman Settle, Mayor Dunin, Councilmembers Dovey, Griffin and Rappa
NOES: None
ABSENT: None
VOL 290-5 PAGE 373
Resolution No. 6099 (1986 Series)
Page 3.
the foregoing Resolution was passed and adopted this 7th day
of October , 1986. .
ATTEST:
y.� `,_CITY;. IiE,RK ;PAMELA VO S
fV - -,�APP.ROYED:
City Administrative Officer
Ax-
City Attor ey
ty Development Director
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� City E ineer
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VOL 2905 PAGE 374
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LEGAL DESCRIPTION OF ABANDONMENT
A portion of Pacific Street between the Southwesterly right -of -way line of Toro
Street and the following described line:
Beginning at the centerline intersection of Santa Rosa Street and Pacific
Street, thence along the centerline of Pacific Street North 530 07' 00" East
381.88 feet: thence perpendicular to said centerline South 360 53' 00" East
25 feet to the TRUE POINT OF BEGINNING, said point being on the southeasterly
right -of -way line of said Pacific Street; thence along a curve concave westerly4'
tangent to said right -of -way line with a radius of 38.00 feet through a central
angle of 1100 more or less an arc distance of 73 feet more or less to the
northwesterly right -of -way line of Pacific Street.
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A San tins OBISPO ABANDONMENT
990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408 BETWEEN SANTA MA ST. AND TORO ST.
p.TNPPINT N15581 END OF DOCUMENT
VOL 2905 PAGE 375
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990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408 BETWEEN SANTA MA ST. AND TORO ST.
p.TNPPINT N15581 END OF DOCUMENT
VOL 2905 PAGE 375
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RESOLUTION NO. 6098 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1311
LOCATED AT 3195 McMILLAN AVENUE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findines. That this council, after consideration of the tentative map of
Tract 1399 and the Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
1. The design of the subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in a
C -S zone.
3. The design of the subdivision and the proposed improvements are not likely to cause
serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
easement for access through (or use of property within) the proposed subdivision.
5. The Community Development Director has determined that the proposed subdivision will
not have a significant effect on the environment and has granted a negative
declaration.
SECTION 2. Conditions. That the approval of the tentative map for Tract 1311 be
subject to the following conditions:
1. Conditions, Covenants and Restrictions (CC &R's) for the tract shall contain the
following provisions:
a. Property owners association shall be created to enforce the CC &R's and provide
for professional, perpetual maintenance of common areas including but not
limited to driveway, parking lot, landscaping, utilities and building exteriors.
b. Grant to the City of San Luis Obispo, the right to maintain common areas if the
property owners association fails to do so, and to assess said association for
expenses incurred.
c. All parking spaces provided in the project shall be available for use by all of
the individual owners.
d. Ownership of air -space units shall be limited to not more than 11 separate
ownerships. Ownership of air -space units shall not be sold or otherwise
transferred in such a way as to conflict with any law or regulation, including
but not limited to city fire and building codes.
R 6098
Resolution No. 6098 (1986 Series)
Tract 1311
Page 2
2. There shall be no change in city - regulated provisions of the CC &R's without prior
approval of the Community Development Department.
3. Subdivider shall provide individual water services for each unit. Meters shall be
clustered to the approval of City Engineer.
4. Subdivider shall provide individual gas and electrical services and metering for each
unit to the approval of affected public utility agencies and the City Engineer.
5. Final map shall note a blanket easement over the common lot area, except under the
structures, for underground public utilities serving the site, to the approval of the
City Engineer and affected utility companies.
On motion of Councilman Settle ,seconded by Councilwoman Rappa
and on the following roll call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this Zth day of October 1986.
yor Ron Dunin
AT
Cit N Clerk Pamela oges
Resolution No. 6098 (1986 Series)
Tract 1311
Page 3
APPROVED:
PV1 9711,
City Administrative Officer
City Att ney
Community Development Director
subdi vI demos
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RESOLUTION NO. 6097 1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING HISTORICAL PRESERVATION PROGRAM GUIDELINES
WHEREAS, in 1981 the City Council created the Cultural Heritage Committee (CHC) and
charged it with the development of a historical preservation program; and
WHEREAS, the CHC completed a comprehensive inventory of historical resources in 1983;
and
WHEREAS, the CHC presented program guidelines to the City Council and in May 1985 the
council passed Resolution No 5680 adopting Historical Preservation Program Guidelines;
and
WHEREAS, these initial guidelines were distributed to affected property owners and
were considered at public hearings before the Planning Commission; and
WHEREAS, after receiving significant public comment, the CHC sponsored a public
workshop to discuss alternative strategies for establishing a historical preservation
program; and
WHEREAS, the CHC, considering the public comment, submitted revised program
guidelines to the Planning Commission and ARC in July and August 1986; and
WHEREAS, the ARC and Planning Commission have recommended that the revised program
guidelines be adopted by the City Council subject to certain amendments; and
WHEREAS, the City Council has considered the revised Historical Preservation Program
Guidelines along with amendments suggested by the Planning Commission and ARC at a public
meeting.
NOW THEREFORE BE IT RESOLVED BY the Council of the City of San Luis Obispo as
follows:
Resolution No 5680 (1985 Series) is hereby rescinded.
2. The Historical Preservation Program Guidelines, attached hereto as Exhibit "A"
as amended, are hereby accepted for use in developing appropriate ordinances to
implement the program.
3. The Community Development Department shall publish these guidelines and m_ ake
them available to the public.
R 6097
Resolution No. 6097 (1986 Series)
Page 2
4. The Community Development Department shall prepare for public review and
Planning Commission and City Council consideration, ordinances and guidelines
necessary to implement programs identified in Attachment "A ".
On motion of Councilman Griffin .seconded by Councilman Settle
and on the following role call vote:
AYES: Councilmembers Griffin, Settle, Dovey and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing resolution was passed and adopted this7t.h day of octotie'r; 1986.
bftyTr-To--n Dunin
ATTEST:
ity Clerk Pame Voges
.APPROVED:
City Administrative Officer
12 ;Z>*
City Atto' ey
Community Development Director
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HISTORICAL PRESERVATION PROGRAM GUIDELINES
A. Background
B. Benefit Programs
I. Rehabilitation Loan Program
2. Expanded Application of Historical Building Code
3. Preservation Counseling
4. Preservation Library
5. Local Landmarks Program
C. Educational Programs
1. Summertime Walking Tours
2. Historical Preservation Publications
3. Interpretative Programs at Historic Sites
D. Program Administration
I. A Permanent Cultural Heritage Committee
2. Historical Preservation Districts as Areas of Benefit
3. Review of Development Proposals
E. Imolementation Strategy
APPENDIX
Resolution # accepting these guidelines
Map of proposed Historical Preservation Districts
r
A. BACKGROUND
In May 1985, the City of San Luis Obispo published an outline of a proposed
Historical Preservation Program. This program, designed by the Cultural Heritage
Committee (CHC), was presented at a "Town Hall" meeting in January 1986 and to the
City Planning Commission in March. Some property owners strongly criticized the
program. Owners agreed that preservation of historic buildings and areas was a good
idea but did not like the methods suggested by the CHC.
In June 1986, the CHC invited property owners to a workshop-to share ideas and
concerns. About 26 people attended; a summary of comments and suggestions is
attached. After the workshop, the Cultural Heritage Committee considered various
program options and decided to take a different approach. This new approach is
outlined in the following paragraphs.
On October 7, 1986 the San Luis Obispo City Council approved these guidelines.
Their purpose is (1) to inform the public about the structure and content of the
city's preservation program, and (2) to direct city staff in preparing ordinances
and guidelines that will implement the ideas described below. When these ordinances
are adopted by the City Council, this preservation program will begin.
B. BENEFIT PROGRAMS
To promote historical preservation the City will establish the following programs:
1.Rehabilitation Loan Program: a program to help pay for the rehabilitation of
historic buildings.
a. Type or Loan Program. The city will create a loan fund and budget "seed"
money to get the program started. Low- interest loans would be made for eligible
projects. Loan repayments would be returned to the fund and reserved for other
preservation projects. Eventually, the loan fund would be self- supporting and
not require annual budget allocations.
b. Eligible P.ronerties. Residential buildings included on the Master List of
Historic Resources (there are _ of these) would have first priority for
receiving loans. Contributing residential buildings within Historical Districts
(most older houses) would have second priority. Loan applicants that own and
occupy the structure to be rehabilitated will be given preference in using loan
funds for eligible activities.
c. Eligible Activities. Loan funds could be used for restoring the outside of a
historic building, repairing the foundation or building a new one, or changing
the structure to meet earthquake requirements.
d. Program Administration. A private lending institution would handle the loan
paperwork. Loan applicants would have to meet the institution's loan
qualification standards. The Cultural Heritage Committee would oversee the
program. All proposed activities would have to receive CHC approval (and ARC
approval if required by the Municipal Code) prior to loan approval.
e. Loan Terms. Interest rates should generally be 33% of the going rate for
home improvement loans. The amount of the loan could equal 50% of the
documented cost of eligible activities up to a maximum of $10,000. The maximum
repayment period would be five years.
f. Initial Program Budget.. Funding will be determined by the City Council as
part of its budget deliberations. The CHC suggests an initial amount of $50,000
with possible adjustments in subsequent years.
2. Expanded AnWication of the Historical Building Code Owners of Historical
Resource Sites or contributing properties within Historical Districts can use
provisions of the Historical Building Code. The code provides alternative ways of
meeting standard code requirements.
Copies of the Historical Building Code may be purchased in the Community Development
Department. The Building Division staff will help people understand how the code
might be applied to specific projects.
3. Preservation Counseling. The Cultural Heritage Committee will meet with people
who want to pursue preservation projects. The CHC may provide advice on:
a. how to restore older buildings (reconstruction techniques);
b. how to get information about building materials;
c. how to carry out historical research;
d. how to prepare "National Register" applications;
e. how to take advantage of state or federal grant programs or tax relief
programs as they may be available.
4. Preservation Library. The Cultural Heritage Committee will maintain an updated
filing system for historic properties. Also, part of the CHC's budget will be
earmarked for publications including:
a. How- to -do -it books on restoration °and bibliographies.
b. Catalogs of available building materials and architectural accessories.
c. Periodicals or other publications that describe preservation efforts.
d. A referral list of people that have undertaken restoration projects and are
willing to share their experience.
-2-
5. Local Landmark Program. Owners of Historical Resources may ask the city for
official recognition of their efforts to preserve important structures. The city
would provide a certificate suitable for framing and, if requested by the owner, a
permanent historical marker on the building site.
C. EDUCATIONAL PROGRAMS
The Cultural Heritage Committee will be responsible for sponsoring the following
programs.
1. Summertime Walking Tours. CHC members will conduct tours of the historic central
business district and older residential areas throughout the summer. Part of the
CHC's budget may be used to publicize the tours and distribute literature. Business
groups could help pay for the publicity since the tours benefit tourism.
2. Historic Preservation Publications, The CHC will publish literature that
promotes historical preservation and interest in our community's past. Illustrated
works may describe historical resources, renovation techniques, research methods or
provide tips on how to prepare a National Register application.
3. Interpretative Programs. Working with other groups, the CHC will sponsor
interpretive programs at the Jack House, the Old Mission, the Murray Adobe (Mission
Plaza), the County Museum, the Dallidet Adobe or other locations. Volunteers could
be recruited to help present programs throughout the summer. Owners of buildings on
the Path of History may also participate in occasional interpretative programs.
4. Speakers Bureau. CHC members would be available to make presentations to
community groups interested in historical preservation.
D. PROGRAM ADMINISTRATION
The following principles will guide the administration of the Historical
Preservation Program. More details will be provided in ordinances and guidelines to
be adopted by the City Council in the future.
1. A Permanent Cultural Heritage. Committee. In 1982 the City Council created the
Cultural Heritage Committee. As a "temporary" committee, the CHC was asked to
complete a survey of historic buildings and make recommendations for establishing a
preservation program. The survey was completed in 1983.
The CHC will continue to oversee ongoing preservation activities.
-3-
a. Committee.Structure. The CHC will continue to have 11 members. Membership
will include a person knowledgeable in local history, a person with training or
experience in structural rehabilitation, a person with knowledge of
architecture, and a person with knowledge or training in historical research
techniques. The membership will include at least one person from each of the
three districts. The majority of the membership should be residents of San Luis
Obispo.
b. Roles and Responsibilities. The CHC will oversee the benefit and educational
programs listed in paragraphs B and C. The CHC Will not be involved in the
routine review of construction activities that affect historic buildings. The
Architectural Review Commission or the city planning staff may ask the CHC to
review and comment on specific projects. This informal review should not extend
the normal review process.
The CHC will not have the authority to approve or deny construction or
demolition permit applications. This authority will remain with the ARC and the
Community Development Director.
2. Historical Preservation Districts as Areas of Benefit. The city will create
three Historical Preservation Districts (see proposed districts on the attached
map). Most properties within the districts will be eligible for benefits described
in Paragraph A. Forming the districts will not create new city permit requirements.
3. Review of Development Proposals. The ARC will continue to review construction
projects within the proposed districts or on historical resource sites.
The demolition regulations will be changed. The ARC will have to make the following
findings if it wants to approve the demolition of a Historical Resource (primary
buildings on any of the 152 listed properties).
Before issuing a demolition permit, the ARC must first find that (a) The
condition of the building poses a threat to the health, safety or welfare
of community residents or people living or working on the site, or (b) the
project sponsor has demonstrated that it is financially infeasible to
rehabilitate the structure or preserve the historic nature of the site.
E. IMPLEMENTATION STRATEGY
Here's how the Historical Preservation Program will be established:
1. The city staff will prepare formal ordinances that create a permanent Cultural
Heritage Committee (CHC), modify the demolition permit procedures, and establish
Historical Preservation Districts. At the same time, the final design of the
benefit program will be prepared.
2. Both the benefit programs and the ordinances will be presented to the Planning
Commission and City Council for adoption at public hearings, The pubic is invited
to attend these hearings and talk with the commission and council about the proposed
ordinances.
3. When the City Council adopts these final ordinances and appoints members to the
CHC, the Historical Preservation Program will begin.
-4-
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1
RESOLUTION NO. 6096 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ESTABLISHING A COUNCIL COMPENSATION PLAN
WHEREAS, it is the practice of municipalities to provide compensation
to elected officials to recognize, in part, the commitment and dedication
of those who expend considerable time and energy in the performance of
official duties; and,
WHEREAS, it is in the City's interest to provide for appropriate
professional development training in order that elected officials work as
an informed, knowledgeable policy body; and,
WHEREAS, it is desirable that a Council Compensation Plan be
established for salaries and other compensation for the City's elected
officials; and,
WHEREAS, Section 410 of the City Charter provides that compensation
for the Mayor and Councilmembers be given, with the Mayor receiving
greater compensation than the other Councilmembers; and,
WHEREAS, in the process of conducting official city business, it is
necessary for the City to provide sufficient funds to the Mayor and
Councilmembers for meeting, educational-and travel - related expenses; and,
WHEREAS, a five - member citizen committee has met and reviewed -Mayor
and Councilmember compensation in accordance with the City Charter
amendment adopted June 3, 1986;
0
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that Mayor and Councilmember compensation be established as
recommended by the Citizen Committee as follows:
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• R 6096
Resolution No. 6096 (1986 Series) Page 2
SECTION 1. SALARIES FOR MAYOR AND COUNCILMEMBERS.
a. Councilmember. Effective January 1, 1987, each
Councilmember shall receive, as compensation for services rendered in an
official capacity, a monthly salary in the amount of $400.
b. Mayor. Effective January 1, 1987, the Mayor shall
receive, as compensation for services rendered in an official capacity, a
monthly salary in the sum of $560. Based on the additional
responsibilities and duties of the office, this salary is established at
40% greater than that of a Councilmember.
SECTION 2. RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE.
The Mayor and Councilmembers shall be entitled to participate
in the P.E.R.S. retirement, medical, dental, vision, and life insurance
plans available to city employees with the city providing funding up to
the level provided general unit employees.
SECTION 3. PROFESSIONAL DEVELOPMENT AND TRAINING
a. Professional Development. Annual allowances shall be
budgeted for the Mayor and each Councilmember to defray costs of
professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs. Said-allowance
shall be used for out -of- county expenses only and shall be reimbursed upon
submittal of receipts.
Annual Allowance:
Councilmember $1500
Mayor $1800
Resolution No. 6096 (1986 Series)
Page 3
b. Additional Allowance. An additional professional
development allowance up to $1,000 shall be budgeted to each new Mayor and
Councilmember to help accelerate their comprehension of municipal and
legislative operations during the first 12 months following their initial
installation.
SECTION 4. LOCAL EXPENSES - MILEAGE & MISCELLANEOUS /PROFESSIONAL.
a. Mileage. A quarterly mileage allowance for official travel
within the County of San Luis Obispo shall be budgeted for the Mayor and
each Councilmember. Reimbursement shall be made upon submittal of an
official mileage expense form:
Quarterly Mileage Allowance
Councilmember $300
Mayor $450
b. Miscellaneous /Professional. A quarterly allowance for all
local official city business within the County of San Luis Obispo shall be
budgeted for the Mayor and each Councilmember. This expense allowance
includes all meals, tickets, periodicals, dues, subscriptions, and similar
miscellaneous expenses incurred in connection with official City business.
Reimbursement shall be made upon submittal of an expense claim form accom-
panied with expenditure receipts:
Quarterly Expense Allowance
Councilmember $300
Mayor $450
Resolution No.6096 (1986 Series) Page 4
SECTION 5. GENERAL PROCEDURES AND LIMITATIONS.
a. Accounting. An account shall be established in the name of
each Councilmember with all expenditures charged to the individual
Councilmember or Mayor. If any account is depleted prior to the end of the
fiscal year, additional allocations shall require a specific action of the
City Council. Claims for reimbursement as specified in Section 4, above,
may be submitted monthly but the aggregate of three monthly claims may not
exceed the quarterly maximum. Receipts shall be submitted on a timely
basis but no later than 90 days from date the expense is incurred. The
Council budget shall be available for review in the City Clerk's Office and
the Mayor and Councilmembers shall receive periodic statements.
b. Reimbursement Limitation. The City's adopted Travel
Guidelines shall govern all expenditures for non -local professional
development and conferences. These guidelines include all non -local
official meals, tuition or fees, transportation to meeting sites,
materials, and telephone useage.
c. Special Expenses. For occasions when the Mayor or
Councilmembers are designated by the City Council to represent the City at
special meetings, reimbursement shall be made from an unallocated Travel
Expense Account.
d. Honorarium. If the Mayor or any Councilmember receives an
honorarium as a result of his /her participation in a meeting or conference,
the amount of the honorarium shall be deducted from the amount normally
provided by the City for that meeting or conference if the City paid for
the Councilmember's attendance at such meeting or conference.
Resolution No. 6096 (1986 Series) Page 5
e. Other Guidelines. Any other travel - related issue not
specifically governed in this resolution shall be adjudicated in accordance
with the City of San Luis Obispo adopted Travel Guidelines.
On motion of Councilwoman Rappa seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Rappa, Settle, Dovey and Mayor Dunin
NOES: Councilman Griffin
ABSENT: None
The foregoing Resolution was passed and adopted this 7th day of October,
1986.
_0040� � 'L
YO DUNIN
A
CITY CLERK PAMELA
Approved:
City Administrative Officer City Aft�rney�/
Finance Direc r Personnel D Ctor
City Clerk
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RESOLUTION NO. 6095 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP OF TRACT 1272
(JOE BOUD, ET AL, SUBDIVIDER)
WHEREAS, the Council made certain findings concerning Tract 1272 as
contained in Resolution No. 5690 (1985 Series), and
WHEREAS, irrevocable letters of credit in the amounts of $186,000.00 to
guarantee faithful performance, and $93,000 to guarantee payment for Labor and
Materials in accordance with the subdivision agreement are on file, and
WHEREAS, all other conditions of Resolution No. 5690 (1985 Series) have
been met and the final map is in substantial conformance with the approved
tentative map,
NOW THEREFORE BE IT RESOLVED, this Council hereby grants approval of the
final map of Tract 1272 and authorizes the Mayor to execute the agreement.
On motion of Councilman 1 , seconded by Councilwoman Dovey
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day of October ,
1986.
CITT CLERK PAMELA
-0046 -MON6
f�MAYOR RON DUNIN
R 6095
{
Resolution No. 6095 (1986 Series)
Page Two.
APPROVED:
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City Administrative Officer
City Att ney
Community Development Director
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City ±Iaineer
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A G R E E M E N T
THIS AGREEMENT dated this 7th day of October, 1986 by and
between JOSEPH C. BOUD, BARBARA K. BOUD, FRED G. KENNEDY, HAZEL J.
KENNEDY, DONALD Q. MILLER, ESTHER T. MILLER, JOSEPH MICHAEL BRAVO,
EDMUND J. GELINAS, SOPHIA J. GELINAS, , herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City."
WITNESSETH:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that
certain real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, description of which is shown on final map of
Tract 1272, City of San Luis Obispo, California, as approved by the City
Council, on the 7th
day of October
WHEREAS,the Subdivider desires that said Tract 1272 be accepted and
approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that
the Subdivider agree to install the improvements as set forth on the plans
therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does
hereby agree to construct and install the following subdivision
improvements in accordance with said subdivision ordinances and
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:
E
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
eightem (18) months of said recording date, unless an extension has been
granted by the City mesmwi4, 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
1
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 Vii.
The Subdivider does also agree to comply with the following conditions
established by the Planning Commission and /or the City Council.
'ail �'�` .
,
c- �c{ 1. The Subdivider shall deposit a monumentation bond of $800.00 to cover the
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viL 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 indicating they have
completed the work and have been paid.
2. The Subdivider shall pay water acreage fees of $3,452.00 (2.975 AC x
$1160/AC), (with credit given for existing use).
3. The Subdivider shall pay park -in -lieu fees of $20,306.00.
r411 I(,
4. The Subdivider shall make all appropriate arrangements to remove existing
buildings and overhead utilities as shown on the plans.
As to public lands or section property included within said
Subdivision, if any, for the restoration of lost section corners and for
retracement of section lines, the method followed shall be in accord with
the instructions set forth in the "Manual of Instructions" for Survey of
Public Lands of the United States, published by the Commissioner of
General Land Office, Department of Interior, Washington, D.C.
3
R
The Subdivider hereby attaches hereto, and as an integral part hereof,
and as security for the performance of this agreement, (instrument of
credit/boot-&) approved by and in favor of the City of San Luis Obispo, and
conditional upon the faithful performance of this agreement, which said
(instrument of credit /Usnod) is in the amount of $186,000.00 and which is
in 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 against any defective work or labor done, or defective
materials furnished, in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as
of which the City Council shall, by resolution duly passed and adopted,
accept said improvements according to said plans and specifications, and
any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements
or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed
time, then in that event, the Subdivider agrees that City may, at its
option, declare the bond, instrument of credit, or cash deposit, which has
4
been posted by Subdivider, to guarantee faithful performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense thereof
from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and material
bond in the amount of 50% of the above described subdivision improvements
in accordance with State law.
Kk_c ,
Said Subdivider has deposited with the City the sum of $5,600.00, -fromr 0
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 $5- ,600..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 Parties hereto that
this agreement shall bind, the heirs, executors, administrators, successors
and assigns, of the respective Parties to this agreement.
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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 N LUIS OBISPO
OF
'00 1 00 OR RON DUNIN
ATTES
City CLERK PAMELA 61GES
Approved as to form:
City Aft orney
i
ity En(Yeer
JK1 /Agr -Form
3W
SUBDIVIDER
J eph C. Boud
6A
Donald Q. Miller
Esther T. Miller'
Joseph ichael Bravo
Edmund J. Gelinas
Sophia J. Gelinas
V 1 I VI
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 SUBDIVIDER
MAYO DUNIN Joseph C. Boud
ATTEST
CIT CLERK PAMELA VOGES
Approved as to form:
C
City At/ i rney l%
City EkIzineer
JK1 /Agr -Form
Barbara K. Boud
Fred G. Kennedy
Hazel J. Kennedy
Donald Q. Mille
Esther T. Miller
J07 Michael Bravo
Edmund J. GelfJnas
?-L
Sophia J. GA inas