HomeMy WebLinkAbout3800-3818RESOLUTION NO. 3818 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
BOBBY KOBER FOR EXTENSION OF GOLF PROFESSIONAL
AGREEMENT TO SEPTEMBER 30, 1979
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
Bobby Kober for extension of Golf Professional Agreement to September 30, 1979.
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Bobby Kober,
Director of Parks & Recreation, Personnel Director, and Finance Director.
On motion of Councilman Jorgensen , seconded by Councilman Bond
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 17th day of April ,
1979.
ATTEST:
C' Clerk J.H. Fitzpatrick
R 3818
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Approved as to form: Approved as to content:
L/ 10111e
City Attorney City A in st ati - Officer
"recto (51 Parks & Recreation
,4�'le
Personnel Vector
Fi c for
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AMENDMENT EXTENDING AGREEMENT
GOLF PROFESSIONAL
The undersigned parties to the agreement dated March 16,
1977, and extended through March 31, 1979, between the City of
San Luis Obispo and Bobby.Kober, a copy of which is on file in
the office of the City Clerk, hereby agree as follows:
1. Said agreement shall be extended through September 30,
1979.
2. The compensation rate established in Paragraph 2(a) of
said agreement shall be amended to $900,00 per month during the
term of this extension.
3. Bobby Kober shall be allowed to participate in the
City's health care program for himself and his dependents at
his own expense.
4: All other terms and conditions of said agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this
amendment to be executed on this _17th . day of April 1979-
Golf Professional
1-tet & -i
Bobby Kober
City of San Luis Obispo
Attest:
e�i�'iVi19 61; C9BPsR - --
sJ.H. FITZPATRICK _ Mayor Lynn R. Cooper
City Clerk J. H. Fitzpatrick,
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Approved.as to form:
City Attorney
Approved as to content:
1.1
C'i.t i "strative Officer
Direor of Parks &- Recreation
RESOLUTION NO. 3817 (19 79 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
BOBBY KOBER FOR OPERATION OF THE GOLF COURSE
CONCESSION. THROUGH SEPTEMBER 30, 1979
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
Bobby Kober for operation of Laguna Lake Golf Course as concessionaire
through September 30, 1979.
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Bobby Kober,
Director of Parks $ Recreation, Director of Public Services, Finance Director.
On motion of Councilman Jorgensen
and on the following roll call vote:
seconded by Councilman Bond ,
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Done
the foregoing Resolution was passed and adopted this 17th day of April ,
19 79.
ATTEST:
FORP'F- Clerk J.H. Fitzpatrick
R 3817
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Approved as to form:
City-Attorney
0
Approved as to content:
City Administrative Officer
3.r ctor o Parks & Recreation
Director of Public Services
ctor
SAN LUIS OBISPO'CITY
GOLF COURSE CONCESSION AGREEMENT
THIS AGREEMENT, dated April 1, 1979, for the convenience
of the parties hereto, is'by and between THE CITY OF SAN LUIS
OBIPSO, a municpal.corporation (hereinafter "City "), and.
BOBBY KOBER, a PGA professional (hereinafter "Concessionaire")..
WITNESSETH•
WHEREAS, City is the owner of Laguna Lake Golf Course;
and
WHEREAS, City desires to care for, maintain, develop,
operate and control said golf course; and
WHEREAS,.City desires to grant concessions in and upon
said golf course consistent with the use thereof for. recreation
purposes;
NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises, and agreements herein contained, the City
and Concessionaire hereby mutually covenant and agree as follows:
1. Grant and Description of Premises; The City, for
and in consideration of the agreements hereinafter stated, grants
to Concessionaire the non - exclusive rights.and privileges to
maintain and operate a golf - related concession within the golf
course. No concession rights expressed or implied, other than
those expressly given in t.his agreement are granted, and any
other concession rights are hereby denied Concessionaire under
this agreement.
Z. Condition* o:f Premises: The taking of possession of
the subject premises by Concessionaire: shall, in itself, constitute
acknowledgment that the subject premises are in good and tenantable
condition. Concessionaire agrees to accept said -premises in their
presently existing condition, "as is "; and that the City shall not
be obligated to make any alterations or additions.
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3. Term: The term of this agreement shall commence on
the first day of March, 1979, and terminate on the 31st day of
March, 1980. At the expiration or termination of this agreement
as herein provided, Concessionaire shall remove from said premises
or otherwise dispose of in a manner satisfactory to the City all
personal property belonging to Concessionaire located on said
premises. Should Concessionaire fail to remove or dispose of his
property as herein provided, the City may, at its election, con-
sider such property abandoned or may dispose of same at Concession -
aire's expense.
4.. Auditing: Concessionaire shall maintain such records
and accounts as the Finance Director shall require. Concessionaire
shall, at his own sole expense, have his records and accounts
audited annually by an independent accountant and shall present
said audit to the Office of the Finance Director within thirty
(30) days after the completion of the audit. City may-make its
own audit of Concessionaire's records and accounts at or about
said time, if it so desires.
The City shall have the right through its representative,
and at all reasonable times, to inspect such books and records,
including State of California sales tax records; and Concessionaire
hereby agrees that all such records and instruments are available
to the City. All federal tax returns of Concessionaire insofar
as this concession are concerned shall also be made available to
the Finance Director for checking purposes.
Concessionaire ag -rees that as part of his record- keeping
activity he shall at his own cost and expense install and maintain
such cash register equipment as may deemed necessary by the
City. Such cash register equipment shall contain a continuous
registering tape.
The term "gross receipts" whenever used in this agreement
is intended to and shall mean all monies, property or any other
thing of value received by Concessionaire through the operation
of said concession, or from any other business carried on.or
upon said premises or any portion thereof, or from any other use
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of said premises or any portion thereof by Concessionaire, without
any deduction or deductions.; it being understood, however, that
the term "gross receipts" shall not include any sales or excise
taxes imposed by any governmental entity and collected by Con-
cessionaire.
The Concessionaire agrees to pay to the City, once a
month, thirty (30) percent of all gross receipts derived from
rental of driving range balls. The Concessionaire further agrees
to pay to the City,-once a month, five (5) percent of all gross
receipts from sales of food and beverages,_ golf rentals and all
golf merchandise. The Concessionaire will receive all income
from golf lessons except as otherwise indicated in this agreement.
Fees charged by golf pro subject to approval by City.
5. Use of Premises: The subject premises shall be
used by the Concessionaire for the furnishing and equipping of
a golf - related concession and other related services,to wit:
a. Furnish and install at his own expense in the
pro -shop, all necessary furniture, furnishings and
equipment required for the proper service to the
general public.
b. Maintain for sale and rental in the pro -shop
an adequate and reasonable stock of golf clothing, golf
clubs, golf supplies and equipment.
c. Maintain for sale in the pro -shop an adequate
and reasonable supply of packaged snacks, candy, soda
pop and prepared coffee to reasonably meet the demands
of the public patronizing the golf course,
d. Provide and maintain for rental hand carts in
sufficient number to reasonably meet the demands of the
public patronizing the golf course. The storage and
service thereof shall be in an area approved by the
Director of Parks & Recreation..
e. Give instructions in and teach golf. Concession-
aire shall have the use of the driving range and practice
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tee for'the teaching or imparting of instruction in
the game of golf, as long as driving range property
is available to the City. Concessionaire shall pur-
chase all necessary range balls for rentals.
f.. Make available to the Recreation Department,
the driving range and practice green on a scheduled
basis determined by PGA Pro and Director and not to
exceed ten (10) hours per week for the purpose of
conducting beginning group golf lessons sponsored by
the Recreation Department.
g. Operate the pro -shop and golf driving range
in a businesslike manner and to the satisfaction of
the Director.
h. Be solely responsible for complete janitorial
services and the furnishing of janitorial supplies,
lamps, and tubes for the proper maintenance of the
pro -shop and snack bar.
i. Be responsible for all activity on the golf
course including the enforcement of such rules and
regulations relating to the conduct of patrons on the
golf course, as may be adopted by the City.
j. Collect green fees and all other fees as set
by the City. All fees collected shall be kept separate
and apart from any other monies collected or kept by the
Concessionaire. The fees shall be accounted for and
shall be transferred to the City in such manner and at
such times as the Director may from time to time provide.
City will provide its own cash register for the fees so
collected.
The Concessionaire shall have the right and duty to manage,
operate and control all of said activities and to do all things
necessary in the exercise of such management, operation and control
subject to the terms and conditions of this agreement. Concessionaire
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shall operate and maintain the premises and facilities together
with the non - exclusive right to use the parking lot.
Concessionaire shall operate the concession facilities
in accordance with the regulations and policies of the Director
of Parks and Recreation, and in accordance with the terms and
conditions set forth in this agreement..
Concessionaire shall not use or permit.the subject
premises to be used in whole or in.part, during the term of this
agreement for any purpose other than as set forth, without the
prior- written consent of the City. Concessionaire expressly
agrees at all times during the term of this agreement,at his
own cost and expense, to maintain and operate such.premises and
areas adjacent, in a clean, safe, wholesome and sanitary condition,
free of trash, garbage or obstruction of any kind, and in compli-
ance with any and all present and future laws, rules, or :regulations
of any governmental authority, now or at any time during the term
of this agreement in force, relating to sanitation or public
health, safety or welfare; and Concessionaire shall at all times
faithfully obey and comply with all laws, rules and regulations
of federal, state, county or other governmental bodies or depart-
ments or officers thereof. Concessionaire shall notify the
Director of Parks and Recreation without delay any defective,
dangerous or unsanitary conditions.
Concessionaire will meet once each:month with the Laguna
Lake Golf Course Advisory Committee to discuss matters pertaining
to the maintenance of the golf course and the operation of the
concession.
The Laguna Lake Golf Course Advisory Committee will be
appointed by the Park and Recreation Commission and meet on a
regular day and hour each month, the day and hour being mutually
agreed to by the Concessionaire and Director.
The Laguna Lake Golf Course Advisory Committee will be
comprised as follows:
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1. The Director of Parks and Recreation or his
assignee
2. The.golf course concession manager
3. The supervisors of golf course maintenance or
his assignee
4. One member of the Park and Recreation Commission
5. Current President of the Laguna Lake.Golf Course
Ladies Club
6. Member at large
7. Member at large
8. Member at large
The last five named committee members will be voting
members should recommendations from this advisory committee be
forwarded to higher City authority.
Concessionaire enters into this agreement solely and ex-
elusively as an independent contractor Arid only in that capacity
and not as a partner, employee or other agent of the City. All
services performed by Concessionaire relating to operation and
management of the course in combination with collection of fees
and payment of.the percentages set forth herein are tendered as
consideration supporting this agreement.
All advertising matter to be published or circulated by
or on behalf of Concessionaire shall be submitted to and approved
by the City, namely the Park and Recreation Ddpartment, prior to
publication or circulation.
6. Assignments: Except as expressly provided elsewhere
in this agreement, no transfer or assignment by Concessionaire
of this agreement or of any part thereof or interest therein;
directly or indirectly, voluntarily or involuntarily, shall be
made unless such transfer or assignment is first approved in
writing by the City.
74 Title to Improvements: Concessionaire hereby
acknowledges the existing ownership of City in and to all real
property in the area and hereby covenants and agrees never to
assail, contest or resist said ownership.
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8. Construction or Modification of Improvements: Con-
cessionaire may construct or modify with the approval of the City
Park and Recreation Department, concession improvements. Such
construction or modification shall be without cost to the City..
Upon completion of each new improvement, Concessionaire shall
file with the City a Notice of Completion and will submit verified
cost statements accompanied by substantiating invoices and bills
of labor, material or other construction costs for the City's
appraisal of improvements to which the Notice of Completion
relates.
In the event that construction, modification or addition
to concession improvements is desired, the approval, in writing,
of the City shall first be obtained prior to such construction,
modification, or addition. Additionally, plans and specifications
for such changes shall be submitted to the City for approval.
9. Completion of Improvements: Upon approval of and
in accordance with the working drawings, plans and specifications
as prepared and submitted by Concessionaire to City for approval,
Concessionaire shall,immediately commence construction of the
facilities described and prosecute the same to completion with
all due diligence, provided that such time for completion will
be extended by a fair and reasonable period on account of any
delay due to fire, earthquake, wars, strikes or other calamity
beyond the control of Concessionaire.
Concessionaire, at his own expense, shall completely
equip the concession improvements described herein and shall
keep the same equipped in a first -class manner and to the
satisfaction of the Director of Parks and Recreation, throughout
the term of this agreement.
i0. ownership of Improvements: Title to improvements
on the premises at the commencement of this agreement is retained
by the City, and this agreement is subject to any rights of ownership
in the improvements.
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All improvements constructed on the premises by Con-
cessionaire as permitted by this agreement shall be owned by
Concessionaire until expiration of the termor sooner termination
of this agreement. Concessionaire shall not, however, remove
any improvements from the premises nor waste, destroy, or modify
any improvements on the premises, except as permitted by this
agreement. The parties covenant for themselves and all persons
claiming under them that the improvements are real property.
All improvements on the premises at the expiration of
the term or sooner termination of this agreement shall, without
compensation to Concessionaire, become City's property free and
clear of all claims to or against them by Concessionaire or any
third person, and Concessionaire shall defend and indemnify
City against all liability and loss arising from such claims or
from City's exercise of the rights conferred by this paragraph.
11. Maintenance and Use of Improvements: Concession-
aire agrees to maintain any and all concession facilities on the
subject premises in good order and repair, at his own cost and
expense, during the entire term of this agreement.
Concessionaire will be responsible for the maintenance
of pro -shop and snack bar. City will be responsible for the
maintenance of all outdoor portions of said pro -shop, restrooms
and the exterior and structural maintenance of said building.
Concessionaire shall perform at his own cost and expense,
any required maintenance and repairs, and should Concessionaire
fail, neglect or.refuse to do so, the City shall have the right
to perform such maintenance or repairs for the Concessionaire's
account, and the Concessionaire agrees to promptly reimburse the
City for the cost thereof, provided however, that the City shall
first give Concessionaire ten (10) days written notice of its
intention to perform such maintenance or repairs for the Conces-
sionaire's account for the purpose of enabling Concessionaire to
proceed with such maintenance or repairs at his own expense.
Concessionaire hereby expressly waives the right to make repairs
at the expense of the City.
W :M
Concessionaire may employ, pay and supervise maintenance,
personnel to look after the concession. Maintenance personnel
shall be responsible to Concessionaire and cooperate with City
personnel. All.of Concessionaire's personnel shall be of good
moral character and shall be physically able,to handle their
duties and must be promptly replaced when derelict in their duties.
There shall be no drinking of liquor, or other alcoholic beverages
in or around the area by Concessionaire's employees except as
authorized by Director.
Concessionaire shall, at all times and at his own
expense do all things reasonably necessary to protect the
facilities used by Concessionaire and does hereby volunteer the
services of his employees in that behalf.
The City also reserves the right.to do any and all work
of any nature necessary for preservation, maintenance and opera-
tion of the golf course and driving range, in any areas within
the confines of said golf course Concessionaire shall be given
reasonable notice when such work.may become necessary and will
adjust concession operations in such a manner that the City may
proceed expeditiously.
The City reserves the.right to grant, with respect to
said premises, easements, rights -of -way, licenses and permits.
It is understood and agreed that Concessionaire's
services shall be provided during hours and days to meet-the
needs of the public. The City reserves the right to set the
hours and days of operation should they be excessive or in-
adequate, whichever the case may be.
Concessionaire shall keep said concession open every
day, including Sundays and holidays, except Christmas, during
the term of this agreement unless otherwise agreed to by Director.
12. Utilities and Services: The City may, in its
discretion, provide garbage and trash removal, as well as other
utilities, 'including telephone, but not toll calls, to the extent
that City facilities and manpower at the golf course permit.
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13. Equipment:
Concessionaire, at his own expense, shall
completely equip the concession improvements described herein and
shall keep the same equipped in a first -class manner throughout
the term of this agreement.
14. Signs and Approval of Name: No signs, names or
placards shall be inscribed, painted or affixed upon said premises
without written consent of the City Parks and Recreation Department.
15. Quality of Service and Control of Rates and Charges:
Concessionaire agrees that he will operate and manage the services
and facilities offered in a first -class manner and comparable to
other first -class concessions providing similar facilities and
services during the entire term of this agreement.
The City shall have access to, and the right to inspect
the schedule of prices and rates for goods sold or services
rendered or performed upon the subject premises. If the City
determines that any price or prices are unreasonable or inappro-
priate for the services rendered, or the item sold, the same
shall be modified as directed by the City; provided that Con-
cessionaire prior to such modification shall be given a reasonable
opportunity to confer with City and justify such prices.
The City reserves the right to prohibit the sale or
rental of any item which it deems objectionable or beyond the
scope of merchandise deemed necessary for proper service to the
public. A competent employee shall be on the premises at all
times while the concession is in operation. Concessionaire agrees
that he shall and will furnish and maintain a high standard of
service at least equal to that of other establishments in similar
communities and to those prevailing in such areas for similar
products and services. Concessionaire shall post rates and prices
for all rentals and services in such places as may be designated
by the City.
16. Closure: At any time should an occurrence necessitate
the.closing of the golf course to the general public, the Con-
cessionaire shall have no recourse by law to the City for losses
incurred.
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17. Hold Harmless Agreement: Concessionaire hereby
Agrees to defend, indemnify and save harmless the City of San
Luis Obispo, its officers, agents and employees in any and
every way from any and all manner- of damages, charges, suits
and expenses which they may sustain or be put to by reason of
Concessionaire's occupancy or use of the premises, or any
activity carried on by Concessionaire in connection therewith.
18. Liability Insurance: Concessionaire agrees to
obtain and keep in force during the term of this agreement, at
Concessionaire's expense, worker's compensation and public
liability and property damage insurance in.companies authorized
to issue such insurance in the State of California. Said
insurance policies shall consist of the following:
a. Worker's Compensation and Employer's Liability
Insurance: Concessionaire shall maintain in full force
and effect, for the period covered by this agreement,
full Worker's Compensation and Employer's Liability
Insurance with limits of at least STATUTORY with an
insurance carrier satisfactory to the City. In the
event Concessionaire is self - insured, he shall.furnish
a Certificate of Permission to Self- Insure signed by
the Department of Industrial Relations Administration
of Self- Insurance, Sacramento, California.
b. Liability Insurance: Concessionaire shall main-
tain in full force and effect, for the period covered by
this agreement, bodily injury, personal injury, including
death resulting therefrom, and property damage insurance
with an insurance carrier satisfactory to the City. This
liability insurance shall include, but shall not be
limited to, protection against claims arising from bodily
and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence
occuring in or about the premises which are subject to this
agreement, or resulting from Concessionaire's operations,
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or from Concessionaire's use of owned or non -owned
automobiles. The amounts of insurance shall not be.
less than the following:
Single limit coverage applying to bodily and
personal injury, including death resulting therefrom,
and property damage or a combination of both -
$500,000.00.
The following endorsements must be attached to
the policy:
(1) If the insurance policy covers on an "accident"
basis, it must be changed to "occurrence ".
(2) The policy must cover personal injury as well
as bodily injury.
(3) The policy must cover complete contractual
liability. Exclusions of contractual liability
as to bodily injuries, personal injuries and
property damage must be eliminated from the
basic policy and endorsements.
(4) Broad form property damage liability must be
afforded.
(5) The City of San Luis Obispo, its officers,
employees and agents, shall be named insured
under the policy, and the policy shall stipulate
that this insurance will operate as primary
insurance and that no other insurance effected
by the City or other named insureds will be
called upon to contribute to a loss covered
thereunder.
c. The following requirements apply to all liability
insurance to be provided by concessionaire:
(1) A certified copy of each policy and a certificate
of insurance shall be furnished City within
twenty (20) days after execution of this agreement.
A certificate alone is not acceptable.
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(2) Certificates and policies shall state that the
policy shall not be cancelled or reduced in
coverage without thirty (30) days written notice
to.City. Ten (10) days notice is not acceptable,
except in connection with Worker's Compensation
Insurance.
(3) Insurance required shall be placed in a company
or companies acceptable to City and shall have
a policyholders surplus of at least ten (10)
times the amount or limit of liability afforded
by the insurance company.
(4) Approval of the insurance by the City shall not
relieve or decrease the extent to which the Con
cessionaire or any sublessee may be held respon-
sible for payment of damages resulting from its
operation.
d. If Concessionaire does not keep insurance required
by this agreement in full force and effect at all times
during the term hereof, this agreement shall immediately
and automatically terminate, and all rights and privileges
granted hereunder to Concessionaire shall be extinguished -
thereby. It is expressly understood that no notice by
the City is required to effect the termination specified.
herein.
19. Taxes: Concessionaire agrees to pay all lawful
taxes, assessments or charges which at any time may be levied by
the state, county, city or any tax or assessment levying body upon
any interest in this agreement of any possessory right which Con-
cessionaire may have in or to the premises covered hereby or the
improvements thereon by reason of its use or occupancy thereof
or otherwise as well as all taxes, assessments and charges on
goods, merchandise, fixtures, appliances, equipment and property
owned by it in or about said premises. Concessionaire shall and
does hereby assume responsibility for payment of any and all
licenses applicable to.his operation on said premises.
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20. Inspection of Premises: Concessionaire agrees that
the City, acting through its authorized agents and employees, shall
have the right to enter upon the premises at any reasonable time
to inspect the same.
21. Inspection and Maintenance: The -City reserves the
right of ingress and egress to inspect, investigate and survey
said premises as deemed necessary by the City, and the right to
do any and all work of any nature for the preservation, mainten-
ance and operation of the golf course in any areas within the
confines of said golf course. Concessionaire shall be given
reasonable notice when such work may become necessary and will
adjust concession operations in such a manner that the City may
proceed expeditiously.
22. Contract Notice: Any notices herein provided to
be given, or which may be given by either party to the other,
shall be deemed to have been fully given when made in writing
and deposited in the United States mail, postage prepaid and
addressed as follows:
Concessionaire: Bobby Kober
903 East McElhany
Santa Maria, CA 93454
City: Department of Parks & Recreation
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
The address to which the notice shall or may be mailed
as aforesaid by either party shall or may be changed by written
notice given by such party to the other as thereinbefore provided,
but nothing herein contained shall preclude the giving of any
such notice by personal service.
23. Interpretation of Agreement: This!agreement is
made under and is subject to the laws of the State of California
in all respects as to interpretation, construction, operation,
effect and performance.
24. Waiver of Terms of Agreement: No waiver by City
at any time of any of the terms, conditions or covenants of
this agreement shall be deemed as a waiver at any time thereafter
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of the same of of any other term, condition or covenant herein
contained, nor of the strict and prompt performance thereof. No
delay, failure or omission of the City to re -enter the premises
or to exercise any right, power or privilege or option arising
from any default, nor any subsequent acceptance of "gross receipts"
then or thereafter accrued shall impair any such right, power,
privilege or option or be construed as a waiver of such default
or a relinquishment of any right or acquiescence therein. No
notice to Concessionaire shall be required to restore or revive
time as of the essence after the waiver by the City of any default.
No option, right, power, remedy or privilege of the City shall be
construed as being exhausted by the exercise thereof in one or
more instances. The rights., powers, options, and remedies given
to the City by this agreement shall be deemed cumulative.
25. Modification of Agreement: Notwithstanding any
of the provisions of this agreement, the parties may hereafter,
by mutual written consent, agree to modifications thereof or
additions thereto in writing which are not forbidden by law.
The City shall have the right to grant reasonable extensions
of time to Concessionaire for any purpose or for the performance
of any obligation of Concessionaire hereunder.
26. Breach of Contract: This agreement is made upon
the condition that, if the "gross receipts" or other sums which
Concessionaire herein agrees to pay or any part thereof shall
be unpaid on the date on which the same shall become due, or if
default be made in any of the terms, agreements, conditions or
covenants herein contained on the part of the Concessionaire,
or should Concessionaire become insolvent, or bankrupt, either
voluntarily or involuntarily, then, and in such event at the
option of the City, this agreement shall cease and terminate;
and the City may enter upon the premises. Concessionaire's
interest hereunder shall not be assignable in bankruptcy.
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27. Assignments and Sub - lease:
a. Concessionaire shall neither assign, sub-
lease or otherwise convey any interest in any sort
granted by this agreement to any person or persons,
entity or entities whatsoever without prior written
consent and approval of the City. Any document by
which an interest is granted, subject to the approval
of the City shall indicate that the person acquiring
that interest has been advised of the terms of this
agreement and takes his interest subject to the terms
and conditions in this agreement, and recognizes that
upon termination of the interest of Concessionaire
granted by this agreement, his interest shall also be
terminated. However, in the event of termination of
this agreement, the City at its sole option, may elect
to treat any assignee, sub - tenant, or holder of an
interest conveyed by Concessionaire as the City's
tenant, subject to the terms and conditions of this
agreement and that entered into between the assignees,
sub - tenant or holder of an interest conveyed by Con-
cessionaire.
b. If Concessionaire be a partnership, a with-
drawal or change, voluntary, involuntary, by operation
of law, or otherwise, of any of the partners thereof,
or if Concessionaire be composed of more than one person,
a purported assignment or transfer, voluntary or in-
voluntary, by operation of law, or otherwise, from one
thereof unto the other or others thereof, or if Con -
cessionaire be a corporation, a change in the ownership
(voluntary, involuntary, or by operation of law, or
otherwise) of fifty -one percent (51 %) or more of the
capital stock as owned as of the date of execution
hereof, shall be deemed an assignment prohibited hereby,
unless the written consent of the City be obtained
thereto.
-16-
G
c. Anything herein to the contrary notwithstanding,
it is further agreed that, in the event of the death of
any partner, should Concessionaire be a partnership, or
in the event of the death of any corporate shareholder
resulting in a change in the ownership of fifty -one
percent (510) or more of the capital stock of said cor-
poration, if Concessionaire be a corporation, the executor,
estate, heirs or devisees of such deceased person shall
be entitled to succeed to the interest herein of such
deceased person subject to the following qualifications:
(1) That said designated person, persons, or entity
demonstrate to the satisfaction of the City that
the person, persons or entity is competent and
qualified to operate said concession pursuant
to the provisions of this agreement.
(2) That said person, persons or entity first agree
to assume all the obligations of the said deceased
person, as set forth in this agreement, and agree
to be bound by all the provisions hereof and the
activities and transactions of the deceased person
with respect thereto.
(3) That all of the matters referred to in (1) and
(2),above, be complied with within thirty (30)
days after the death of such person, provided
that said time limit may be extended by express
written permission of the City if good cause is
shown therefor.!
28. Waiver of Claims: Concessionaire hereby waives any
claim against the City, its officers, agents or employees for
damage or loss caused by any suit or proceeding directly or in-
directly attacking the validity of this agreement, or any part
thereof or by any judgment or award in any suit or proceeding
declaring this agreement null, void or voidable, or delaying the
same or any part thereof from being carried out.
-17-
l�J
{
29. Actions: In the event of any action or suit upon
this agreement, the City, if it shall prevail, shall be entitled
to receive reasonable attorney's fees and all costs, disbursements
and expenses including administrative expenses.
30. Agent for Service of-Process: It is expressly agreed
and understood that if Concessionaire is not a resident of this
state, or is an association or partnership without a member or
partner resident of this state, or is a foreign corporation, then
in any such event, Concessionaire shall file with the City a
designation of a natural person residing in the State of California,
giving his name, residence and business address, as his or its
agent for the purpose of service of process in any court action
between him or it and the City arising out of or based upon this
agreement, and the delivery to such agent of a copy of any process
in any such action shall constitute valid service upon such Con-
cessionaire; and it is further expressly agreed, covenanted and
stipulated that if for any reason service of such process upon
such agent is not possible, then in such event Concessionaire
may be served personally or by regular mail, postage prepaid with
such process out of this state, and that such service shall con-
stitute valid service upon such Concessionaire; and it is
further expressly agreed that Concessionaire is amenable to the
process so served, submits to the jurisdiction of the court so
acquired, and waives any and all objections and protests thereto.
31. Right of Entry as Agent: In any case in which
provision is made herein for the termination of this agreement
by the City or in the case of abandonment or vacating of.the
premises by Concessionaire, the City in lieu of declaring a
forfeiture may enter upon the premises. To such end, Concession-
aire hereby irrevocably appoints the City its agent to remove any
and all persons or property on said premises and place any such
property in storage for the account of and at the expense of Con-
cessionaire. In such case, the City may re -let the premises upon
such terms as it may deem proper, and if a sufficient sum shall
not be realized thereby, after paying expenses of such re- letting,
am
to satisfy the "gross receipts" and other sums herein agreed to
be paid by Concessionaire, Concessionaire agrees to save the City
harmless from any loss or damage or claim arising out of the
action of the City in pursuance of this paragraph.
32. Duration of Public Facilities: By entering into
this agreement, the City makes no stipulation as to the type,
size, location or duration of public facilities to be maintained
at the golf course.
33. Time of Essence. Time shall be of the essence in
the performance of this agreement.
34. Eminent Domain: If, during the term of this
agreement, any property described herein or hereafter added
hereto is taken in eminent domain, the entire award shall be
paid to the City.
35. Photography: The City may grant permits to persons
or corporations engaged in the production of still and motion
pictures and related activities, for the use of said premises
for such purposes when such permission shall not interfere with
the primary business of Concessionaire.
36. Hazardous Substances: No goods, merchandise or
material shall be kept, stored or sold in or on said premises
which are in any way explosive or hazardous; and no offensive
or dangerous trade, business or occupation shall be carried on
therein or thereon, and nothing shall be done on said premises,
other than is authorized by this agreement, and no machinery or
apparatus shall be used or operated on said premises which will
in any way injure said premises or structures; provided that
nothing contained in this paragraph shall preclude Concessionaire
from bringing, keeping or using on or about said premises such
materials, supplies, equipment and machinery as are appropriate
or customary in carrying on its said business. Gasoline and
oils shall be stored, handled and dispensed as required by present,
or future regulations and laws.
-19-
37. Nondiscrimination. Concessionaire and his employees
shall not discriminate because of race, religion, color or national
origin,against any person by refusing to furnish such person any
accommodation, facility, service or privilege offered to or enjoyed
by the general public. Nor shall Concessionaire or his employees
publicize the accommodations, facilities, services or privileges
in any manner that would directly or interentially reflect upon
or question the acceptability of the patronage of any person
because of race, religion, color or national origin.
In the performance of this agreement, Concessionaire
will not discriminate against any employee or applicant for employ-
ment because of race, color, religion, ancestry or national origin.
38. Tuberculosis: Concessionaire shall file with the
City a certificate showing that every person employed.in the con-
cession activity has been examined within the last two (2) years
and has been found to be free of communicable tuberculosis.
39. Contract Documents: The complete agreement between
the parties hereto shall consist of the identified documents:
This Agreement entitled "San Luis Obispo City Golf Course
Concession Agreement ".
40. Remedies Not Exclusive: The use by either party of
any remedy specified herein for the enforcement of this agreement
is not exclusive and shall not deprive the party using such remedy
of or limit the application of, any other remedy provided by law.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
ATTEST:
. 51JR FITZPATRICK .
City Clerk J. H. Fitzpatrick
CONCESSIONAIRE:
Bobby Kober
CITY OF SAN LUIS OBISPO
s /LYNN R. COOPER
Mayor Lynn R. Cooper
-20-
Approved as to form:
///� r Id ���
City Attorney
W
Approved as to content:
`r
city Administrative Officer
\ A
it ctor /arks & Recreation
-21-
RESOLUTION NO. 3816 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AMENDMENT NO. 1 TO AGREEMENT (HUMAN
RELATIONS COORDINATOR EMPLOYMENT CONTRACT - PART- TIME)..
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This council hereby approves Amendment No. 1 to Agreement
(Human Relations Coordinator Employment Contract - Part -Time) and the Mayor
is hereby authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement to: Human Relations Coordinator and Finance
Department.
On motion of Councilman Jorgensen , seconded by Mayor Cooper ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen, and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 17th day of April
1979.
ATTEST:
,�W C er . H. Fitzpatrick
R 3816
O
Approved as to form; Approved as to-- content:
Feu...
r!
City Attorney t Administrative Officer
AMEND14ENT NO. 1 TO AGREEMENT
(Human Relations Coordinator
Employment Contract - Part -Time)
THIS AMENDMENT NO. 1 TO AGREEMENT made and entered into this
17th day of April , 19791 by and between the CITY OF SAN
LUIS OBISPO., a municipal, corporation (hereinafter called "City''),
and ORLOFF W. MILLER, an independent contractor (hereinafter called
"Coordinator ").
WITNESSETH:
WHEREAS, on September 1; 1978, City and Coordinator entered
into an agreement entitled "Human Relations Coordinator Employment
Contract (Part - Time)" for the employment of Coordinator as an
independent contractor to provide professional and administrative
services for the City's Human Relations Commission; and
WHEREAS, pursuant to that agreement City agreed to pay
Coordinator $1,388.00 per month; and
WHEREAS, at the time City and Coordinator entered into that
agreement it was the City's desire to set the monthly salary at
$1,482.00, but state legislation (S.B. 154 and S.B. 2212) reacting
to the passage of Proposition 13 precluded the latter monthly rate,
which would have been an increase of 6.8% from the previous contract;
and
WHEREAS, because of a recent California Supreme Court decision
holding invalid the wage freeze provisions of S.B. 154 and S.B. 2212,
the City may now set Coordinator's monthly rate at $1,482.00.
NOW, THEREFORE, City and Coordinator in consideration of the
mutual promises set out in the agreement and herein, agree as
follows-
1: The agreement referred to above hereby is amended to
provide that the monthly compensation for each of the months
covered in the agreement shall be $1,482.00.
Further, at the time.Coordinator's next regular payment
is due under the agreement City shall compensate Coordinator for
the differential between.previous monthly payments and the payment
provided for herein, for those months covered in the agreement
prior to the execution of this amendment.
2. Except as.amended herein the agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the par- ties.hereto have executed this
amendment.
ATTEST:
s./J.H. FITZ_PATRICK
City Clerk J H.- Fitzpatrick
HUMAN RELATIONS COORDINATOR
Orloff- W,. Miller
CITY OF SAN LUIS OBISPO
sILYNN R. COOPER
Mayor Lynn R. Cooper
.
Approved as to form:
City Attorney
Approved as to content:
City Administrative Officer
RESOLUTION NO. 3815 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING THE CITY'S AFFIRMATIVE ACTION PROGRAM
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows,:
SECTION 1. That certain document attached hereto marked Exhibit "Al'
and incorporated herein by reference,.entitled "Affirmative Action Program
for the City of San Luis Obispo" is hereby adopted.
On motion of Councilman.Dunin. seconded by _Counri1wmm;;n R;11;g
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this .17th day of April ,
1979.
ATTEST:
Approved as to content:
Clerk J.H. Fitzpatrick
City 4dMifIgT-r-a-EiVef Officer
Approved as to form-
Personnel Dire r
City Attorney
R 3815
1
V
I. POLICY STATEMENT
The City of San Luis Obispo has a continuing commitment'-to the principles—
of equal employment opportunity and affirmative action. Section 2700.6 of
the municipal code outlines the city's official policy as follows:..
All persons seeking employment with the City and-all City employees
shall be treated equally_ and without discrimination which is prohibited by
federal, state or local law. This commitment also applies to fob assignment,
promotion, demotion, transfer, termination, and disciplinary actions.
The City is committed to the development of positive measures to help
eliminate barriers to the recognition of individual merit in personnel
practices.
Employees shall not be discriminated against because of the exercise
of their rights under section 3502 of.the California Government Code or
under the City's Employer= Employee Relations Resolution.
II. DISSEMINATION OF POLICY STATEMENT
A. Internal
Each department head will be provided copies of the complete Affirmative
Action Program. Training sessions will be held regularly "under the direction
of the City.Administrative Officer to clearly spell out the duties and
responsibilities of all supervisory and administrative employees under the
,program. All city employees will receive',',an employee handbook stating the
city's policy towards equal employment opportunity.
B. External
All major recruiting sources including the Telegram Tribune, women's_ and
minority organizations, colleges,, and other community organizations and
agencies will receive a copy of the city's Affirmative Action Program.
All job announcements, employment applications and fob advertisements
identify the city as-an.equal opportunity employer..
III. RESPONSIBILITY FOR IMPLEMENTATION
A. The City Administrative Officer retains ultimate responsibility for the
implementation of the Affirmative Action Program including:
1. Ensuring that department heads, supervisors and administrative
personnel are made aware of and comply with the program's goals
and objectives.
2. Allocating adequate fiscal resources to achieve program goals.
3. Ensuring that the program is closely monitored and periodically
evaluated and updated.
4. Supervise an Affirmative Action Officer.
IV.
B. The Affirmative Action-Officer is the Personnel Director and has the
following responsibilities:
1. Monitor -the program for compliance and effectiveness.
2. Evaluate all phases of the recruitment and selection process to identify
and remedy any practices which inhibit the achievement of program goals.
3. Assist department heads and supervisors in solving problems regarding
underutilization of minorities and women.
4. Monitor.`.new hires, transfers, promotions, terminations and other
personnel transactions to insure their compliance with program goals.
S. Recommend establishment of training level positions to provide job
opportunities for those lacking skills for regular city positions.
6. Receive, evaluate and implement suggestions.from city employees and
the general public regarding improving the city's program.
7. Receive and investigate all complaints alleging discrimination, taking
appropriate remedial actions.
C. Department Heads shall be responsible for doing the following:
1. Implement the Affirmative Action Program within their department.
2.. Work closely with the City Administrative Officer and Affirmative
Action Officer to identify specific . cases of underutilization of
minorities and women within their departments and to develop goals
and timetables for the remedying of any underutilitzation identified.
3. Insure that supervisors in their departments understand and comply
.with the program.
4. Make:"every good faith effort to achieve the specified goals set for
their department.
WORKK FORCE "ANALYSIS
A. EEO-4 report
2
Each year, the city is required to prepare a work -force analysis for the
federal government known as the EEO=4 report. This report groups all city
employees and new hires into eight broad job categories, thereby more
clear ly_identfvinq specific areas-of--:underutilization--of-women-and-minorities.-
Every two years, the Affirmative Action Officer shall prepare a report to
the City Administrative Officer and City Council showing changes in the
staffing of women and minorities by job category which occurred during the
previous two year period. The report will show how the latest staffing figures
relate to the specific staffing goals of this plan. Proposed.modifications
in the program will be included in the report.
The chart on the following page analyzes our probationary and regular city
work force.as of February 28, 1979. The job classifications comprising each
job category are listed on page 8 of this program.
WORK FORCE ANALYSIS BY JOB CATEGORY
Regulary - and Probationary Employees
Figures as of 2/28/79
....WHITE..
.....BLACK
HISPANIC
WOMEN
TOTAL
ADMINISTRATORS/ #
11
0
1
0
12
OFFICIALS %
91.7
0
8.3
0
PROFESSIONALS #
39
0
0
3
39
%
100
0
. 0
7.7
TECHNICIANS #
24
0
2"
3
26
92.3
0
7.7
11.5
PROTECTIVE #
54
1
3
3
58
SERVICE %
93.1
1.7
5.2
5;2
PARA #
0
0
0
0
0
PROFESSIONAL 8
0
0
0
0
OFFICE/ #
31
1
1
33
33
CLERICAL %
93.9
3.0
3.0
100
SKILLED #
8'.
0
1
0
9
CRAFT %
88.9
0
11.1
0
SERVICE/ #
47
2
10
1
59
MAINTENANCE %
79.7
3.4
17
1.7
TOTAL #
214
4
18
43
236
90.7
1.7
7.6
18.2
}
,r It
-
B. Relevant labor market
The relevant labor market is the geographic area used to recruit applicants
for city employment. The relevant labor market varies by job category
as follows:
1. San Luis Obispo County
Protective Service Workers
Para- Professionals
Officer /Clerical:.
Skilled Craft Workers
Service Maintenance Workers
2. State of California
Officials /Administrators
Professionals
Technicians
Therefore, the goals for employment by job category will be based on the
percentages of women and minorities in the labor force in each category
for the geographic area listed above. Since there is insufficient data
to determine the percentage of Blacks in the "Protective Service Workers"
job category in San Luis Obispo County, the overall percentage of Blacks
in the county labor market is used for setting goals. The chart on the
following page summarizes the percentages of women, Blacks, and Hispanics
in the relevant labor market.
C. Source of data
The State of California Employment Development Department prepared an in
depth analysis of labor market data throughout the state based on the
1970 census. The information was published in their May 1978 "Manpower
Information for Affirmative Action Program" report.
4
o
% OF WOMEN AND MINORITIES IN
RELEVANT LABOR MARKET
JOB (:ATEWIUBS
BLH(:K
ri15YHN1C:. . . . . .
VyUl -mN . .
OFFICIALS/
2.3:.
7..1
20..1
ADMINISTRATORS **
PROFESSIONALS **
3.9'
6.8
36.5
TECHNICIANS **
3.9
6.8
36.5
PROTECTIVE*
1.1
9.7
4.3
SERVICE
PARA*
0.4
5.4
38.2
PROFESSIONAL
OFFICE /*
1.3
7.2
77.2
CLERICAL
SKILLED*
0.4
'!.8.7
3.6
CRAFT`:
SERVICE /*
1.8
14.4
19.0
MAINTENANCE
* San Luis Obispo County
** Statewide
6
D. Analysis of applications
Since July 1; 1977, the Personnel Department has tabulated the race and
sex of most job applicants. All applications have a perforated tear -off
section which job applicants are asked to complete.. Since the Equal
Opportunity Data form is completed voluntarily, and only 59.6% of the
2608 applications received from July 1, 1977 through February 28, 1979
filled.it out, the results are inconclusive. Below is a percentage
breakdown of the.1555 data forms received by job category.
JOB CATEGORY
BLACK
HISPANIC
WOMEN --
OFFICIALS/
.6
1.2
4.8
ADMINISTRATORS
PROFESSIONALS
4.3
4.3
12.9
TECHNICIANS
3.0
6.0
19.0
PROTECTIVE
1.4
8.4
10.2
SERVICE
PARR
PROFESSIONAL
NONE RECEIVED
------------------
-- ----- - - - - --
OFFICE.
.0c9
5.1
84:0
CLERICAL
SKILLED
NONE RECEIVED
----- ---=—=-------'=-----------
CRAFT
SERVICE/
0
4.5
8.3
MAINTENANCE
.E. Goals
A goal is a numerical objective, fixed realistically in terms of the number
of vacancies expected, and the number of qualified applicants in the relevant
labor market. In other words, in determining goals, we will not only take
into consideration percentage figures'for the local labor force but will
study the availability of qualified persons by job category and the expected
turnover-, additions or cutbacks in the city work force.
The following page sets goals and timetables for increasing the representation
of women, Blacks and.Hispanic employees in the city work force.
0 0
7
I'ADDT'L NUMBER*
*These figures represent the number of new employees needed by job category for the
city to employ at least 80% of that sex or racial group's labor market percentage
rate in accordance with the Federal Uniform Guidelines on Employee Selection.
FULL TIME
ANTICIPATED
NEEDED TO BE''
POSITIONS FILLED
HIRES 3/1/79
IN. "COMPLIANCE GOALS FOR 6/30/81
JOB-CATEGORIES
AS OF 3/1/79
TO 6/30/81
B H. _. W Black Hispanic Women
OFFICIALS/
12
2
-
-
3
ADMINISTRATORS
PROFESSIONAL
•39
12
1
2
8
1
1.
2
TECHNICIANS
26
10
1
-
5
PROTECTIVE
58
25
-
2
-
-
2
-
SERVICE-
SARA
PROFESSIONAL
0
0
-
-
-
-
-
-
OFFICE/
33
`.20
-
CLERICAL
SKILLED
9
2
-
-
-
-
-
-
CRAFT
SERVICE/
59
.18
-
-
8
-
-
2
MAINTENANCE
TOTALS
236
89
2
5
24-
2
4
7
*These figures represent the number of new employees needed by job category for the
city to employ at least 80% of that sex or racial group's labor market percentage
rate in accordance with the Federal Uniform Guidelines on Employee Selection.
J
OFFICIALS /ADMINISTRATORS
Building & Parks Maintenance Supt.
Chief Building Inspector
City Engineer
Director of Community Development
Director of Parks & Recreation
Finance Director
Fire Chief
Personnel Director
Police Chief
Street Superintendent
Utilities Engineer /Superintendent
Director of Public Services
PROFESSIONALS
CITY OF SAN LUIS OBISPO 0
JOB TITLES BY JOB CATEGORY
Accountant
Administrative Assistant /Engineering
Administrative Assistant /Public Services
Engineering Assistant
Engineering Associate
Fire Captain
Fire Captain /Training Officer
Fire Marshal
Fire Marshal/Battalion Chief
Human Relations Assistant
Plan Check Engineer
Planning Assistant
Planning Associate
Police Captain
Police Lieutenant
Recreation Supervisor
Senior Planner
Staff Writer
TECHNICIANS
Accounting Technician_
Building Inspector
Drafting Technician
Engineering Technician
Fire Engineer
Planning Enforcement Technician
Planning Technician
Police Sergeant II
Public Works inspector
Technical Services Coordinator
PROTECTIVE SERVICE
Field Service Technician
Firefighter
Fire Prevention Inspector
Fire Prevention Inspector %Arson
Parking Enforcement officer
Police Officer
Police Sergeant I
PARR= PROFESSIONAL
None
OFFICE/CLERICAL-
Account Clerk I
Account Clerk II
Administrative Secretary
Administrative Services Clerk
Clerk Typist I
Clerk Typist II
Dispatcher Clerk
Legal Secretary
Secretary I
Secretary II
Secretary III
SKILLED.CRAFT
Fire Vehicle Mechanic
Heavy Equipment Mechanic
Heavy Equipment Operator
Painter
Supervisory Heavy Equipment Mechanic
SERVICE /MAINTENANCE
Building Maintenance Leader
Ground sworker I
Groundsworker II
Janitor
Parking Meter Repairer
Parks Maintenance Worker
Parks Maintenance Supervisor
Street, Maintenance Leader
Street.Maintenance.Painter
Street Maintenance-Worker II
Tree Maintenance. Worker I
Tree Maintenance Worker II
Utilities Maintenance Leader
Utilities Maintenance Supervisor_
Utilities Maintenance Worker II
Utility Plant Operator I
Utility Plant Operator II
Utility Plant Supervisor
Water Meter Reader
Water Meter Repairer
Water Supply Operator I
Water Supply Operator II
Water Supply Supervisor
G .
RESOLUTION NO. 3814 (1979 Series)
A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO REQUIRE PREPARATION OF AN ENVIRONMENTAL IM-
PACT REPORT (EIR) FOR A ZONING REGULATION TEXT AMENDMENT
WHICH WOULD ALLOW SORORITIES AND FR_ATER_NITIES IN THE R -2
DISTRICT WITH A USE PERMIT.
WHEREAS, on February 28, 1979, the Environmental Review Committee (ERC)
considered a p`roposed'text amendment to the zoning regulations which would allow
sororities and fraternities in the R -2 district with a use permit; and
WHEREAS, the ERC was unable to come to a unanimous decision regarding
the need for an EIR; and
WHEREAS, on referral from the:iERC, the Planning Commission determined
1
that.a focused EIR be prepared regarding specific areas of concern; and
WHEREAS, the applicant for the zoning text amendment.(Gamma Phi Beta,
Inc..) has appealed to the City Council the Planning Commission's decision to
require the focused EIR; and
WHEREAS, this council has reviewed the materials relevant to the appeal
provided for the April 3, 1979., meeting, including the appeal, the staff report
for the April 3, 1979, meeting, the staff report for the March 14, 1979,
Planning Commission meeting (by G. Smith), the minutes of the February 28,
1979, ERC meeting,,the initial environmental study dated February 26, 19792
excerpts from the City's environmental review guidelines, a second staff
report for the March 14, 1979,.Planning Commission meeting (by G. Matteson),
the request_; for zoning text amendment, excerpt from:the draft minutes of the
March 14, 1979,Planning Commission meeting, a number of petitions in support
of the text change, and a number of letters in opposition to the text change,
all of which materials are.incorporated by reference herein; and
R 3814
Resolution No. 3814 (1979 Series)
WHEREAS, on April 3, 1979, this council held a public hearing
regarding the appeal, at which testimony was given by numerous individuals
both in support of and in opposition to the appeal;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Luis Obispo as follows:
SECTION 1. This council finds that on the basis of all the materials
and testimony offered and received that the proposed zoning text .amendment
will have no significant effect on the environment.
SECTION 2. The determination of the Planning Commission described
herein is reversed.
SECTION 3. The appeal of Gamma Phi Beta, Inc., is upheld.
SECTION 4. A negative declaration is granted for the described
proposed zone text amendment.
SECTION S. Staff is directed to take appropriate action consistent .
with this resolution.
on motion of Councilman Dunin seconded by Councilman Bond
and on the following roll call vote:
AYES: Councilmemers Dun , MaoCoein _Bond__ opr__ _
NOES: ;Councilmember`s Billig and Jorgenseri
ABSENT: None
the foregoing resolution was passed and adopted this _3rd day of April ,
1979.
ATTEST:
Fitzpatrick
.2_
Resolution No. 3814
Approved as to form:
City. Attorney
0
(1979 Series)
Approved as to content:
�4��%�
City Administrative Officer
Community D velopmen A Director -
i
V Q
RESOLUTION NO. 3813(197.9 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as_ follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Sewer Line Improvements CITY PLAN NO.; B -44
ESTIMATE: $27,350.00 BUDGET ACCOUNT: 40- 7062 -733
BIDDER: Fred Julien and Associates BID AMOUNT: $27,640.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder.and the Mayor.
On motion of Councilman Jorgensen , seconded by Councilman Dunin_ ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and
1979.
ATTEST:
City Clerk J.H. Fitzpat
ted this 3rd day of April ,
Lynn'R. -Cooper
Approved as to form: Approved as to content:
City Attorney George Thacher. City Administrative Officer Leland Walton
Funds Availab
for RIC. Muravez
R 3813
RESOLUTION NO. 3812 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1, That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT:
Marsh Street Storm
Drain CITY PLAN NO.,:
8-22
ESTIMATE:
$198,500.00
BUDGET ACCOUNTS:
20- 5062 -741
$80,000.
21- 5062 -741
65,000.
BIDDER:
Conco Engineering,
Inc.
40- 5062. 741
110,000.
255,000.
BID AMOUNT:
$226,032.00
SECTION 2. That the City
Clerk is directed to prepare the appropriate
documents
for signature by the
successful bidder and the
Mayor.
On motion of Councilman Jorgensen, seconded by CouncilwomanBillig,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and ad Ktt?d this 3rd day of April 1979.
ATTEST:
erk J. H.. Fitzpatrick
Approved as to form:
C ty Attorney George Thacher
M
Approved as to content:
City- a ices Leland Walton
R 3812
RESOLUTION NO. 3811 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
AUTHORIZING'THE DESIGNATION OF BANK.OF AMERICA NATIONAL
TRUST AND SAVINGS ASSOCIATION, SAN FRANCISCO, CALIFORNIA,
AS BOND AGENT FOR THE CITY OF SAN LUIS OBISPO.
BE IT RESOLVED by the Council of the City of San Luis Obispo that Bank of America
National Trust and Savings Association; San Francisco, California, is authorized.
to act as paying agent for the City of San Luis Obispo on all outstanding bond
issues of the City listed below. This service will commence with the bonds and
coupons maturing on the dates listed opposite each named issue:
Whale Rock General Obligation Bonds Series A 08 -01 -19
Whale Rock General Obligation Bonds Series B 08 -01 =79
Parking Revenue Bonds 07 -01 -79
Sewer Revenue Bonds 06 -01 -19
Bank of America National Trust and Savings Association will continue to act as
the paying agent for Water Revenue Bonds and McMillan Sewer Assessment Bonds
as authorized in previous resolutions.
BE IT FURTHER RESOLVED that Bank of America National Trust and Savings
Association is authorized to process the call of all bonds as may be required
i
by the various bond resolutions.
On motion of Councilman Jorgensen seconded by Councilman Bond ,
and on the following roll call vote:
AYES; Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None .
the foregoing Resolution was passed and adopted this 3rd. day of April ,
1979,
ATTEST:
Cit erg J:H. Fitzpatrick
R 3811
Approved.as.to form:
City Nttorney
0
Approved as to content:
C-y Administrative Officer
usurer
Finan—ce—MIxector
RESOLUTION NO. 3810 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
LILLIAN T. CONAN FOR ACQUISITION OF AN EASEMENT FOR
A STORM DRAIN.
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 on file in the
Office of the City Clerk, between the City and Lillian T. Gonan for acquisition
of a drain easement is hereby approved and the Mayor is authorized to execute
same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
together with a copy of the agreement approved by it to: the City Engineer and
Lillian T. Conan.
On motion of Councilman Jorgensen , seconded by Councilman Bond , and
on the following roll call vote:
AYES: Councilmen Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this
ATTEST:
Clerk J.H. Fitzpatrick
Approved as to form:
City Attorney
day of April 1979.
Lynn
Approved as to content:
live
City Administrative Officer
ity 1 gineer
R 3810
AGREEMENT
This agreement, executed this C'� day of )%794_1, 1979,
by and.between LILLIAN T. GONAN, hereinafter called "Grantor", and
THE CITY OF SAN LUIS OBISPO, a, municipal corporation, hereinafter
called "City".
WITNESSEtH:
WHEREAS, Grantor is the owner of real property at 3131
Johnson Avenue; and
WHEREAS, City desires to obtain a storm drain easement over.
4 portion of Grantor's property at 3131 Johnson Avenue
NOW, THEREFORE, in consideration of the covenants and
promises hereinafter set forth the parties hereto agree as follows:
1. Grantor shall convey to City 4 storm drain easement,
as described ,inExhibit "A" attached hereto and incorporated here-
in by this reference.
2. -City will plant lawn seed in the easement, repair .fence
to as good br-better than existIng, replant hedge and two shrubs
with five gallon size.
3. City agrees to let Grantor construct improvements over
the easement in compliance with City zon-ing code and the uniform
building code.
C J
IN WITNESS WHEREOF, the parties hereto have signed this
agreement on the date first written above.
ATTEST:
�i�
�y'C�lerk J.H. Fitzpatrick
Approved as to form:
City Attorney
GRANTOR:
ZIE Ft 07
Lillian T. Gonan
Approved as to content:
C ld4n'rli&Xtive Officer
-2-
0
E
DEED OF EASEMENT
LILLIAN T. GONAN as Grantor, hereby grant to the City of San Luis
Obispo, a Municipal Corporation, as Grantee, the following easement in
the City of San Luis Obispo, County of San Luis Obispo, State of California,
to wit:
An easement to construct, maintain, repair, replace, enlarge
and remove a public storm drain and appurtenances in and
across that portion of the South half of Section 36 in township
30 South, Range 12 East Mount Diablo Meridian, in the City.of
San Luis Obispo, County of San Luis Obispo, State of California,
according to the official plat of the survey of said land on file
in the Bureau of Land Management, described as follows:
Beginning at the Northeast corner of the parcel of land described
in Volume 1323, Page 361 of Deed in the office of the County
Recorder, thence South 32058' West a distance of 100.00 feet,
thence, South 57002' East a distance of 10.56 feet, thence North
59005' East a distance of 29.48 feet, thence North 15013' East a
distance of 77.20 feet to the point of beginning.
IN WITNESSS WHEREOF Grantor have hereunto caused her name to be
subscribed this day of ;'T , 197f
February 26, 1979
Witness
`r IAN T. GONAN
4
�d m A EkbI t1 /►
�d m A EkbI t1 /►
u
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 Deed of Easement
dated February 8, , 1979, from Lillian T. Gonan
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: April 5, 1979
CITY OF SAN LUIS OBISPO
By s /LYNN R �o�P a
Lynn R. Cooper, Mayor
ATTEST:
s/J.H. FITZPATRICK
J.H. Fitzpatrick, City Clerk
JOHNSON
AVE.
P.O.B. v i
A1:57002 W
S 32°58,w
/00.00'
i
�- LOT
L /NE
S 57 *02',E
LOT 4 LOT 5
SCALE-
TRACT /06
ROSE
AVE.
® EASEMENT AREA
•
GONAN TO CITY
OF
SAN LUIS OB /SPO
N/5 °13' E
77. 20"
N 59°05'E
29.48 '
FOR
S TORM DRA /N EASEMEEN T
TPG/ERH
/2/22/78
T
W
2
W
x
W
J
a
F
N
I
I
I
nu 1\LV V. Va FNVLL anu I LVnuv�L rt. IWARVGL d5 UY'dflLurs, nereoy grans
to the CITY OF SAN IS OBISPO, a Municipal Corpora' �n, as Grantee, the
following easement in the City of San Luis Obispo, County of San Luis
Obispo, State of California, to wit:
An easement to construct, maintain, repair, replace, enlarge
and remove a public storm drain and appurtenances in and
across that portion of the South half of Section 36 in township
30 South, Range 12 East Mount Diablo Meridian, in the City of
San Luis Obispo, County of San. Luis Obispo, State of California,
according to the official plat of the survey of said land on
file in the Bureau.of Land Management, described as follows:
Parcel)
Beginning at the Northwest corner of the parcel of land described
in Volume 1466, Page 217 of Deed in the office of the County
Recorder, thence South 15013' West a distance of 39.89 feet,
thence North 32058' East a distance of 38.00 feet, thence North
57002' West a distance of 12.16 feet to the point of beginning.
Parcel 2
Beginning at the Southwest corner.of the parcel of land described
in Volume 1466, Page 217 of Deed in the office of the County
Recorder, thence North 59005' East a distance of 11.36 feet,
thence South 32058'West a distance of '10.20 feet,. thence North
57002' West a distance of 5.00 feet to the point of beginning.
IN WITNESS WHEREOF, Grantors have hereunto caused their names to be
subscribed this L day of 197
February 26, 1979
(Witness)
STATE OF CALIFORNIA SS.
COUNTY OF San Luis Obispo
On February 26, 1979 before me, the
undersigned, a Notary Public in and for said State, personally appeared
Thomas P. Gingg — — — — — — - personally known to
me to be the person whose name is subscribed to the within Instrument, as
a Witness thereto, who being by me duly sworn, deposes and says:
That he resides it San Luis Obispo and that he
was present and say. Alfred D. Marvel & Florence M.
r'
personally known to him to be the same persons escn led in
and whose names aresubecribed to the within and annexed Instrument
as the Part ies thereto, execute and deliver the same, and
thr'37 acknowledged to said afliant that tlle_y__executed the same;
and that said affiant subscribed his name thereto as a Witness.
WITNESS my hand and official seal.
1 Sena)
Signature r�Dirl /��
Max.�lyn___ erg
TO 443 C Name (Typed or Printed)
Notary Public in and fnr said State
ALFRED D. MARVEL
FL RENCE M. MARVEL
MARILYN PERRY
® NOTARY PUBLIC — CALIFORNIA
PRINCIPAL OFFICE IN
AN.LUIS OBISPO COUNTY
My Commission Expires July 20,1979
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 Deed of Easement
dated February 26 , 1979, from Alfred D Marvel and Florence M. Marvel
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: April 5, 1979
CITY OF SAN LUIS OBISPO
By s/LM R. COOPER
Lynn R. Cooper, Mayor
ATTEST:
s /J.H. FITZPATRICK
J.H. Fitzpatrick, City Clerk
P. 0. S. PARCEL / N 57 ° 0",
N57°02'W
I '
I
is 15 013 W
N32 °58'E
I 39.89' ! 38.00'
f �
I
N 9` 5 E S32 °58'W
/.../.36' ; .10-20
1t N .57 ° 02'E
" PARCEL 2 ��' '-' 7 = 5.00'
f
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MARVEL. 7 t.r' c r
or
' r
RESOLUTION NO. 3809
0
(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GRANTING ADDITIONAL TIME TO
FINAL MAP FOR TRACT 710
WHEREAS, the subdivider of Tract 710 has requested an extension of
time to complete the final map; and
WHEREAS, the City Council determined that the time extension is
justified to complete subdivision improvements,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. A 6 -month time extension.for the filing of the final
map for Tract 710 is hereby granted. Said extension expires on September
21, 1979.
SECTION 2. The conditions of approval contained in Resolution No.
3528 are hereby incorporated into and made a part of this time extension.
On motion of Councilman Jorgensen, seconded by Councilman Bond,
and on the following roll call vote:
AYES: Councilmembers._Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 3rd day of April ,
1979.
R 3809
Resolution No. 380!_.
• Tract 710
page 2
ATTEST:
Fitzpatrick
Approved as to form:
City Attorney George Thacher
(1979 Series)
Approved as to content:
City dmi ist ative Officer Leland Walton
Commun ty Development Department, Ken Bruce
City eer Wryne.Peterson
Y /
RESOLUTION NO. 3808 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO URGING DELAY TO ISSUE OPERATING
LICENSE FOR THE DIABLO CANYON NUCLEAR POWER
PLANT
WHEREAS, the recent accident at the Three Mile Island Nuclear
Power Plant in Harrisburg, Pennsylvania, is a matter of general public
concern, and
WHEREAS, that accident raises serious unresolved questions con-
cerning the design and safety of the Three Mile Island Nuclear Power
Plant and other nuclear power plants which employ the same or similar
cooling and steam generation systems, and specifically, the proposed
Diablo Canyon Nuclear Power Plant in San Luis Obispo County, and
WHEREAS, the decision whether or not to issue an operating license
for the Diablo Canyon Nuclear Power Plant has tentatively been set for
May -June, 1979,
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City
of San Luis Obispo respectfully requests that the decision whether or
not to issue an operating license for the Diablo Canyon Nuclear Power
Plant be postponed and continued until such time as a full, complete,
and objective analysis of the accident at the Three Mile Island Nuclear
Power Plant has been made, together with an analysis of any modifications
which may be necessary to the Diablo Canyon Nuclear Power Plant as a
result of that analysis in order to assure that.no environmental contam-
ination will occur from the operation of the Diablo Canyon Nuclear Power
Plant.
R 3808
Resolution No. 3808
(1979 Series)
The City Clerk shall send a copy of this resolution to the following:
Nuclear Regulatory Commission- Safety and Licensing Board, Governor of the
State of California, Pacific Gas & Electric Company, Honorable Carol.
Hallett, Honorable Robert J. Lagomarsino, Honorable Leon Panetta, and
Honorable Alan Cranston.
INTRODUCED AND PASSED TO PRINT at a regular meeting of the City
Council on the 3rd day of April , 1979, on motion of Councilman
Jorgensen , seconded by Councilwoman Billig , and on the
following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
ATTEST:
ty Clerk J.H. Fitzpatrick
Approved as to form: Approved as to content:
City Attorney Cit ministrative Officer
•
RESOLUTION NO. 3807
A RESOLUTION OF THE COUNCIL OF
LUIS OBISPO GRANTING APPROVAL
MAP NO. 766 LOCATED ON THE NOR
(1979 Series)
THE CITY OF SAN
OF TENTATIVE TRACT
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
map of tract 766 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 develop-
ment.
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 map of tract 766 be
subject to the following conditions:
1. Tract corners shall be set by a registered civil engineer or land
surveyor.
2. A registered civil engineer or land surveyor shall certify that the
structures are located correctly prior to release of structures for
occupancy.
3. All utilities shall be underground including a proportionate share
of cost (not to exceed $5,000, as determined by the city engineer)
of undergrounding of existing utility line adjacent to Los Osos
Valley Road.
4. Subdivider shall pay water acreage and frontage charges as determined
by the City Engineer.
5. Subdivider shall install individually metered water service to each
dwelling unit. Meters shall be located at frontage of each unit,
be unobstructed, and be to the approval of the Public Services
Department.
6. Sewer and water mains shall be public and to city standards. Easements
over the mains and access to mains shall be to the approval of the
City Engineer.
7. Subdivider shall pay sewer charges as determined by the City Engineer.
R 3807
Resolution No. 36 (1979 Series)
Page 2
Tract 766
8. All private driveways shall be improved to standards approved by the
City Engineer.
9: Subdivider shall install sidewalk on the Oceanaire Drive frontage and
handicap ramp at corner of Oceanaire Drive and Los Osos Valley Road
to the approval of the Public Services Department.
10. Final map shall note entire site as a blanket utility easement accept-
able to the.utility companies and City Engineer.
11. Subdivider shall install traffic control devices /signs on -site to
the approval of the City Engineer.
12. Subdivider shall install street trees along both street frontages
to the approval of the Public Services Department.
13. Final map shall show access rights to Los Osos Valley Road dedicated
to the city by way of a one -foot reserve strip to approval of the City
Engineer.
14. Subdivider shall grant the city a flood control and maintenance ease-
ment for portion of site below the 126 -foot elevation.
15. All storm drainage facilities shall be designed and installed to
accommodate a 100 -year design storm and be to the approval of the City
Engineer.
16. Final map shall note the lowest finish floor elevation for any construc-
tion shall be the 127 -foot elevation.
17. No trees on site shall be removed per criteria of the city's tree
ordinance.
18. Subdivider shall soundproof the interior of the dwelling units to
a 45 db. level consistent with the general plan noise element.
19. Recreation facilities on site shall receive partial credit for subdivision
park dedication requirements. Credit in amount of 50 percent shall be
given. Subdivider shall pay park in lieu fees based on 24 units (50
Percent) prior to final map approval.
20. Conditions, covenants and restrictions shall be approved by the City
Attorney and Community Development Director prior to final map approval.
C.C.& R.'s shall contain the following provisions:
a) Creation of a homeowner's association to enforce the C.C.& R.'s and
provide for professional, perpetual maintenance of all common area
including driveway and all building exteriors in a first class
condition;
b) Grant to the City of San Luis Obispo the right to maintain common
area and building exteriors if the homeowner's association fails
to perform, and assess the homeowner's association for expenses
incurred;
c) No parking on the site except in approved designated spaces;
d) Grant to the City of San Luis Obispo the right to tow away vehicles
on a complaint basis which are parked in unauthorized places;
e) No outside storage of boats, campers, motorhomes and trailers nor
long -term storage of inoperable vehicles;
f) No outside storage by individual units except in designated
storage areas,;
g) No change in city- required provisions of C.C.& R.'s without prior
City Council approval.
Resolution No. %07 (1979 Series)
Page 3
Tract 766
On motion of Councilman Jorgensen , seconded by Councilwoman Billig,
and on the following roll call vote:
AYES: Councilmembers Dunin, Jorgensen, Bond, Billig and Mayor Cooper
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3rdday of April ,1979.
ATTEST:
erk J. H. Fitzpatrick
Approved as to form:
City Attorney George Thacher
and
3- 19 -79.
Approved as to content:
Cit d rh s rative Officer Leland Walton
Community Development Department, Ken Bri ce
I y En g' eer Wayne Peterson
RESOLUTION NO. 3806(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Water Filtration Plant No. 2 CITY PLAN NO.: B -09
Improvement Project
ESTIMATE: $259,500.00 BUDGET ACCOUNT: 40- 6262 -738
BIDDER: Charles A. Pratt Construction Co. BID AMOUNT: $257,600.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Jorgensen seconded by Councilman Settle
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 20th day of March ,
1979.
ATTEST: yor Kenneth E. Schwartz
,9
S ere J.H. Fitzpatrick
Approved as to form: Approved as to content:
�l
City Attorney George Thacher City Administrative Officer Leland Walton
Funds Available:
inane i ect r R C. Muravez
R 3806
•
RESOLUTION NO. 3805 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR
SUBDIVISION NO. 79 -10, LOCATION AT 763 MORRO 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 map
of Minor Subdivision No. 79 -10 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.
Exception:
(1) Exception is hereby granted to grade 100 percent of the site, whereas the
grading ordinance allows only 60 percent to be graded.
SECTION 2. That the approval of the tentative map for Minor Subdivision
79 -10 be subject to the following conditions:
(1) Parcel corners shall be set by a registered civil engineer or land
surveyor.
(2) A registered civil engineer or land surveyor shall certify that the
structures are located correctly prior to release of structures for
occupancy.
(3) All utilities shall be underground.
R 3805
Resolution No. 3805 ^,
Tentative Minor Sub�'ivision 79 -10
Page 2
(4) Sewer service to each unit shall be provided by extension of the private
sewer main, said main shall be four inches in diameter and constructed
to city standards;and easements shall be granted to the city subject to
approval of the City Engineer. Sewer main shall be at least ten feet
from water lines and the five feet from retaining walls with no restric-
tions to access.
(5) Subdivider shall install individually metered public water service to
each dwelling unit. Meters shall be clustered in sidewalk at property
frontage.
(6) Grading on site if not completed prior to the recordation of the final
map, shall be bonded for to the approval of the City Engineer.
(7) Subdivider shall construct standard street improvements on Morro and
Peach Streets, consisting of curb, gutter, sidewalk, handicap ramp at
corner and street paving. If street improvements not completed and
accepted prior to recordation of the final map, bonding to the approval
of the City Engineer shall be required.
(8) Conditions, covenants and restrictions shall be approved by the City
Attorney and Community Development Director prior to final map approval.
CC &R's shall contain the following provisions:
(a) Creation of a homeowner's association to enforce the CC &R's and
provide for professional, perpetual maintenance of all common area
including driveway and all building exteriors in a first class
condition;
(b) Grant to the City of San Luis Obispo the right to maintain common
area and building exteriors if the homeowner's association fails to
perform, and-assess the homeowner's association for expenses incurred;
(c) No parking on the site except in approved designated spaces;
(d) Grant to the City of San Luis Obispo the right to tow away vehicles,
on a complaint basis, which are parked in unauthorized places;
(e) No outside storage of boats, campers, motorhomes and trailers or
long -term storage of inoperable vehicles;
(f) No outside storage by individual units except in designated storage
areas;
(g) Homeowner's association to provide for maintenance.and repair of
.private sewer lines;
(h) No change in city- required provisions of CC &R's without prior City
Council approval;
(9) Final map shall note public utility easements acceptable to the utility
companies and City Engineer.
(10) Subdivider shall sound proof the interior of the dwelling units to a 45
Db level consistent with general plan noise element.
(11) Subdivider shall pay park in lieu fees in amount of $150 per unit
($600 total) prior to final parcel map approval.
Resolution No. 3805c—
Tentative Monor SubdTGision 79-10
Page 3
(12) Subdivider shall pay water acreage and frontage charges as determined
by the City Engineer prior to final map approval.
(13) Subdivider shall install street trees to the approval of the Public
Services Department on both street frontages.
On motion of Councilman Jorgensen seconded by Councilman Settle
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
ATTEST:
C erk�H. Fi tzpatric c—
Approved as to form:
QL�
City Attorney, George Thac er
KB:cb
3/5/79
opted this 20th day of March , 1979.
Approved as to content:
i a ive icer, Leland Walton
X iDeve opment Department
Associate Planner, Ken Bruce
k �"� Q2, � ---
sty sneer, Wayne Peterson
a
RESOLUTION NO. 3804 (1979 Series)
/"L - ,vc
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO-
78 -216 LOCATED AT 972 SANTA ROSA.AND 1108 MONTEREY.
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 -216 as contained in Resolution No. 3736 (1978 Series).
SECTION 2. This Council now grants final approval of Parcel Map SLO -78 -216
(Southland Corp. and Harold Wu,.Applicants).
On motion of Councilman Settle
and on the following roll call vote:
seconded by Councilman.Dunin ,
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing resolution was passed and adopted
1979.
ATTEST:
Cit erk J.H. Fitzpatrick
Approved as to form:
City.Attorney
Approved as to ontent:
City Admin'st.rative Officer
ACOO-AA - �T �_ �_7
Community D v`elopment ej ector
'City En er
R 3804
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RESOLUTION N0: 3736 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION.
NO. 78 -216, LOCATED AT 972 SANTA ROSA AND 1108 MONTEREY
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECGTION 1. That this Council, after consideration of the tentative map
of Minot Subdivision No. 78 -.216 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
(1) The proposed parcel map and design are consistent with the General Plan.
(2) The site.is. physically suited for the proposed type and density of
development.which is permitted by the C -R zone.
(3) The design is not likely to cause substantial environmental damage,
or cause serious, public health problems.
(4) The design of the proposed subdivision will not conflict with public
easements for access through, or use of, property within the proposed.
subdivision.
SECTION 2..: That the.approval of the tentative map for Minor Subdivision
787216 be subject to the following condition:
(1) All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
On motion of Councilman Settlseconded by Councilman Dunin,, and on the
following roll call vote:
AYES: Councilmen Dunin, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilmen Jorgensen and Pet eydo;
pas,, foregoing resolution was pas a d ted this ],9t
ATTEST:
r
C" ('ler, J. H. Fitzpatrick
yor, Kenneth E. Schwartz
er, 1978.
R 3736
Resolution No. .3736
Tentative `tap *Iinnr Sub. 78 -216
Page 2
Approved as to form:
City Attorney, George Thacher
DS:cb
12/7/78
Approved . to con ert
City Administrative officer, Leland Walton
Community'•Development Department
Senior PlZQner, Dan Smith
City Vgineer, Wayne Peterson
RESOLUTION NO. 3803 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR
TO EXECUTE "AGREEMENTS FOR CONDITIONS OF USE OF
ACCESSORY STRUCTURES" ON BEHALF OF THE CITY OF SAN
LUIS OBISPO.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This council hereby authorizes the Community Development
Director to execute "Agreements for Conditions of Use of Accessory Structures
upon Approval of Request for Entitlement" (form agreement attached hereto)
on behalf of the City of San Luis Obispo, as may be necessary from time to
time.
SECTION 2. The City Clerk is hereby directed to file a certified copy
of this resolution with the Recorder's Office for the County of San Luis
Obispo.
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.20th day of March ,
1979.
ATTEST:
Ci erk .H.. Fitzpatrick
9
R 3803
G
Approved as to form:
City Attorney
Approved as to content:
City Administilat ive Officer
Community De elopment irector
C I J
AGREEMENT
CONDITIONS OF USE OF ACCESSORY STRUCTURES
UPON APPROVAL OF REQUEST FOR ENTITLEMENT
This agreement, made and entered into this day of
19 by and between
(hereinafter called "Owner ") and the
CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter
called "City ").
W I T N S S'E'T H:
WHEREAS, Owner has made application with City for approval
of a and
WHEREAS, approval of said
by City entitled Owner to modify or construct an accessory struc-
ture (described and delineated on Exhibit "A ", attached hereto
and incorporated herein by this reference) on Owner's property
at.......... , San Luis Obispo, California
(a legal description of the property is attached hereto, marked
Exhibit "B ", and incorporated herein by this reference), subject
to execution of this agreement by Owner and City.
NOW, THEREFORE, in consideration of the mutual benefits,
promises and agreements set out herein, the parties hereto agree
as follows:
1. The parties hereto agree that execution of this agreement
by Owner and City entitles Owner to proceed to modify or construct
the accessory building described and delineated in Exhibit "A ", as
approved by
No.
2. Owner agrees:
a. That the described accessory building shall not be
used for residential purposes unless and until it and the property
meet all residential requirements, including but not limited to
density (units /acre), parking, setback, access and applicable
Building Code provisions.
b. That this agreement shall be binding upon and shall
inure to the benefit of, the heirs, assigns and all other successors
in interest of the parties hereto..
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first written above.
ATTEST:
.... ..... ..................
City Clerk
Owner:
CITY OF SAN LUIS OBISPO
........... ... .
Community Development Director
-2
RESOLUTION NO. 3802 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
TED ELDER ASSOCIATES.FOR LANDSCAPE ARCHITECT SERVICES
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
Ted Elder Associates for landscape architect services as needed byi. the
Community Development Department,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Ted Elder Associates,
Community Development Department and Finance Department.
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 20th day of March ,
1979.
ATTEST:
�,-
f 'Mdrk J.H. Fitzpatrick
. C:
Approved as to form: Approved as to content:
City Attorney Ci y nis ive Officer
Community Dev lopment a rector
0 0
AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES
This agreement, made and entered into this 20th day of
March , 1979, by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation, hereinafter called "City ", and
Ted Elder & Associates . hereinafter called "Consultant."
f
W I T N E S S E T H
In consideration of their mutual covenants, the parties
hereto agree as follows:
1. EMPLOYMENT.
City hereby engages Consultant and Consultant hereby
agrees to perform for City the services hereinafter set forth for
the compensation hereinafter set forth, all pursuant to the terms
and conditions herein.
2. SCOPE OF SERVICES.
Pursuant to this agreement., from time to time at City's
direction Consultant shall provide City landscape architectural
design and planning consultation services for selected private
development projects submitted for City approval and for selected
City improvement projects.
Consultant shall perform said professional services only
when authorized in writing by the City.
C
3. STATUTES, ORDINANCES AND REGULATIONS.
Consultant agrees that he will adhere to all federal,
state and local statutes, ordinances and regulations in the per-
formance of his duties.
4. COMPENSATION.
a. The fee paid by the City to the Consultant for
services rendered under the provisions of this agreement shall
be computed on a time and material basis, utilizing the fee
schedule outlined below.
b. Consultant shall be entitled to reimbursement for
all costs and expenses advanced.. or .incurred by it including,...but_.______...._
not limited to, long distance telephone and travel expenses in
the event travel is necessary outside the City of San Luis Obispo.
c. For selected projects, City shall require Consultant
to furnish the approximate time required to render the foregoing
services, and the amount shall be agreed upon prior to the commence-
ment of work on said project.
5. PAYMENT.
Consultant shall bill City for consulting fees and costs
monthly, on or before -the 15th day of the month for any work per-
formed during the preceeding calendar month. These billings shall
set forth the services rendered, the date on which the services were
rendered and the time spent rendering the service. City shall pay
consultant within thirty days following receipt of billing.
_, 2
Schedule of Fees
1.
Principal
$ 25.00
per
hour
2.
Associate
$ 15.00
per
hour
3.
Other Staff
$ 12.50
per
hour
4.
$
per
hour
b. Consultant shall be entitled to reimbursement for
all costs and expenses advanced.. or .incurred by it including,...but_.______...._
not limited to, long distance telephone and travel expenses in
the event travel is necessary outside the City of San Luis Obispo.
c. For selected projects, City shall require Consultant
to furnish the approximate time required to render the foregoing
services, and the amount shall be agreed upon prior to the commence-
ment of work on said project.
5. PAYMENT.
Consultant shall bill City for consulting fees and costs
monthly, on or before -the 15th day of the month for any work per-
formed during the preceeding calendar month. These billings shall
set forth the services rendered, the date on which the services were
rendered and the time spent rendering the service. City shall pay
consultant within thirty days following receipt of billing.
_, 2
6. OBLIGATION OF CITY.
City is under no obligation to make any payments to
Consultant hereunder unless and until City directs Consultant to
perform work as described in Section 2, above.
7. CONSULTANT'S RESPONSIBILITY.
At City's direction Consultant shall attend conferences
with City staff as may be necessary to assure proper performance
of this agreement. Consultant agrees to use his best efforts to
carry out the terms specified in this agreement and City agrees
not to interfere with this• effort.
8. RESPONSIBILITIES OF THE CITY.
The City shall cooperate with the Consultant on all
phases of the planning covered by this agreement and will make
available to him, as needed, all maps, topographic maps, aerial
photographs and other similar data in possession of the City
regarding the project for which services are being rendered here-
under.
9. TERM OF AGREEMENT.
This agreement shall commence on the date first written
above and shall terminate only as provided in Section 10.
10. TERMINATION OF AGREEMENT FOR CONVENIENCE OF PARTIES.
Either party may terminate this agreement at any time by
giving to the other party fifteen (15) days written notice of such
termination, specifying the effective date of such termination.
Consultant shall be paid for all work satisfactorily completed
prior to the effective date of such termination.
11. TERMINATION OF CONTRACT FOR CAUSE.
If Consultant fails to fulfill in a timely and profession-
al manner his obligation under this agreement, or if Consultant
-3-
shall violate any of the terms of this agreement, City shall have
the right to terminate this agreement effective immediately upon
the City's giving written notice thereof to Consultant. Consultant
shall be paid for all work satisfactorily completed prior to the
effective date of such termination.
12. ATTORNEY FEES.
In the event either party to this agreement brings suit
to enforce any provision of this agreement, the prevailing party
shall recover from the losing party a reasonable sum for attorney's
fees incurred in such suit, which sum shall be fixed by the court.
13. AMENDMENTS.
The parties hereto may modify the terms of this agreement
by mutual written consent.
14. NONDISCRIMINATION.
There shall be no discrimination against any person em-
ployed pursuant to this agreement in any manner forbidden by law.
15. CONFLICT OF INTEREST.
Consultant in performing his duties as set forth in
Paragraph 2 shall avoid any conflict of interest with the City, as
"conflict" is defined and interpreted within Section 1090 of the
Government Code.
16. TI14E IS OF THE ESSENCE.
Time is of the essence of this agreement and Consultant
shall pursue the work provided for with such diligence as to com-
plete the work expeditiously.
17. SUCCESSORS AND ASSIGNS.
This agreement covers professional services of a specific
and unique nature and the Consultant shall not assign, sublet,
or transfer his interest in this agreement without the prior written
consent of City. -4-
O
18. COPYRIGHT.
J
No reports, maps, documents or other materials produced
in whole or in part under this agreement shall be subject to an
application for copyright by or on behalf of Consultant.
19. FINDINGS CONFIDENTIAL.
No reports, maps, information, documents, or any other
materials given to or prepared by Consultant under this agreement
shall become the property of Consultant—or shall be made available
to any individual or organization by Consultant without the prior
written approval of City.
20. INSURANCE.
During the term of this agreement Consultant shall keep
in full force and effect worker's compensation, general liability
and professional liability insurance in form and amounts satis-
factory to City. Upon request of City Consultant shall be required
to provide proof of such insurance.
21. ADMINISTRATION.
City hereby designates and empowers the Director of
Community Development, or his designee, and Consultant hereby
designates and empowers Ted Elder , to act
as their representative principals in the administration of this
agreement.
22. INDEMNITY.
Consultant hereby agrees to indemnify and save harmless
City, its officers, agents and employees of and from:
a. Any and all claims and demands which may be made
against City, its officers, agents, or employees by reason of
any injury to or death of any person or damage suffered or sus-
tained by any person or corporation caused by, or alleged to have
-5-
� o
been caused by, any act or omission, negligent or otherwise, of
Consultant under this agreement or of Consultant's employees or
agents;
b. Any and all damage to or destruction of the property
of City, its officers agents or employees occupied or used by or
in the care, custody, or control of Consultant, or.in proximity
to the site of Consultant's work, caused by any act or omission,
negligent or otherwise, of Consultant under this agreement or of
Consultant's employees or agents;
c. Any and all claims and demands which may be made
against City, its officers, agents, or employees by reason of any
injury to or death of or damage suffered or sustained by any
employee or agent of Consultant under this agreement, however
caused, excepting, however, any such claims and demands which are
the result of the sole negligence or willful misconduct of City,
its officers, agents, or employees;
d. Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term
or condition of any permit.
Consultant, at his own -cost, expense, and risk, shall
defend any and all suits, actions, or other- legal proceedings
that may be brought or instituted by third persons against Com-
mission, its officers, agents, or employees on any such claim or
demand of such third persons, or to enforce any such penalty, and
pay and satisfy any judgment or decree that may be rendered against
the City, its officers, agents, or employees in any such.suit,
action, or other legal proceeding..
IM.
M
23. NOTICES.
17
All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To City: City of San Luis Obispo
Community Development Director
P. 0. Box 321
- San Luis Obispo, CA 93406
To Consultant: Ted Elder & Associates
1108 Garden Street, Suite 201
San Luis Obispo, CA 93401
24. INDEPENDENT CONTRACTOR.
Notwithstanding any other representations, oral or
written, between the parties, including any and all agents or
representatives thereof, Consultant at all times covered by the
terms of this agreement is acting as a free and independent .
contractor, and not as an employee of City.
IN WITNESS WHEREOF, the parties hereto have executed - this' - -- - - --
agreement the day and year first above written.
CONSULTANT:
OF SAN LUIS OBISPO
icipal Corporation
Dtyor Kenneth E. ScFwar
ATTEST: 1/
C r t J.H. Fitzpatrick
i
Approved as to form: Approved as to content:
City Attorney in' rative officer
Community Vevelopmolt Director
-8-
RESOLUTION NO. 3801 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
ENVIRONMENTAL RESOURCES FOR LANDSCAPE ARCHITECT
SERVICES.
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
Environmental Resources (Gerety -Loh) for landscape architect services as
needed by the Community Development Department,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Environmental
Resources, Community Development Department, and Finance Department
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 20th day of March
19 79.
ATTEST:
Ci c J.H. Fitzpatrick
R 3801
0
Approved as to form: Approved as to content:
City Attorney inistrative Officer
Community De lopmen irector
. a
AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES
This agreement, made and entered into this 20th day of
March , 1979, by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation, hereinafter called "City ", and
ENVIRONMENTAL RESOURCES , hereinafter called "Consultant."
W I T N E S S E T H:
In consideration of their mutual covenants, the parties
hereto agree as follows:
1. EMPLOY1M=T.
City hereby engages Consultant and Consultant hereby
agrees to perform for City the services hereinafter set forth for
the compensation hereinafter set forth, all pursuant to the terms
and conditions herein.
2. SCOPE OF SERVICES.
Pursuant to this agreement, from time to time at City's
direction Consultant shall provide City landscape architectural
design and planning consultation services for selected private
development projects submitted for City approval and for selected
City improvement projects.
Consultant shall perform said professional services only
when authorized in writing by the City.
C •
3. STATUTES, ORDINANCES AND REGULATIONS.
Consultant agrees that he will adhere to all federal,
state and local statutes, ordinances and regulations in the per-
formance of his duties.
4. COMPENSATION.
a. The fee paid by the City to the Consultant for
services rendered under the provisions of this agreement shall
be computed on a time and material basis, utilizing the fee
schedule outlined below.
Schedule of Fees
1.
Principal
$_25.00
per
hour
2.
Draftsperson
$
15.00
per
hour
3.
Secretary
$
12.50
per
hour
4.
$ per hour
b. Consultant shall be entitled to reimbursement for
all costs and expenses advanced or incurred by it including, but
not limited to, long distance telephone and travel expenses in
the event travel is necessary outside the City of San Luis Obispo.
c. For selected projects, City shall require Consultant
to furnish the approximate time required to render the foregoing
services, and the amount shall be agreed upon prior to the commence-
ment of work on said project.
5. PAYMENT.
Consultant shall bill City for consulting fees and costs
monthly, on or before the 15th day of the month for any work per-
formed during the preceeding calendar month. These billings shall
set forth the services rendered, the date on which the services were
rendered and the time spent rendering the service. City shall pay
consultant within thirty days following receipt of billing.
-2-
C J
6. OBLIGATION OF CITY.
City is under no obligation to make any payments to
Consultant hereunder unless and until City directs Consultant to
perform work as described in Section 2, above.
7. CONSULTANT'S RESPONSIBILITY.
At City's direction Consultant shall attend conferences
with City staff as may be necessary to assure proper performance
of this agreement. Consultant agrees to use his best efforts to
carry out the terms specified in this agreement and City agrees
not to interfere with this effort.
8. RESPONSIBILITIES OF THE CITY.
The City shall cooperate with the Consultant on all
phases of the planning covered by this agreement and will make
available to him, as needed, all maps, topographic maps, aerial
photographs and other similar data in possession of the City
regarding the project for which services are being rendered here-
under.
9. TERM OF AGREEMENT.
This agreement shall commence on the date first written
above and shall terminate only as provided in Section 10.
10. TERMINATION OF AGREEMENT FOR CONVENIENCE OF PARTIES.
Either party may terminate this agreement at any time by
giving to the other party fifteen (15) days written notice of such
termination, specifying the effective date of such termination.
Consultant shall be paid for all work satisfactorily completed
prior to the effective date of such termination.
11. TERMINATION OF CONTRACT FOR CAUSE.
If Consultant fails to fulfill in a timely and profession-
al manner his obligation under this agreement, or if Consultant
-3-
•
shall violate any of the terms of this agreement, City shall have
the right to terminate this agreement effective immediately upon
the City's giving written notice thereof to Consultant. Consultant
shall be paid for all work satisfactorily completed prior to the
effective date of such termination.
12. ATTORNEY FEES.
In the event either party to this agreement brings suit
to enforce any provision of this agreement, the prevailing party
shall recover from the losing party a reasonable sum for attorney's
fees incurred in such suit, which sum shall be fixed by the court.
13. AMENDMENTS.
The parties hereto may modify the terms of this agreement
by mutual written consent.
14. NONDISCRIMINATION.
There shall be no discrimination against any person em-
ployed pursuant to this agreement in any manner forbidden by law.
15. CONFLICT OF INTEREST.
Consultant in performing his duties as set forth in
Paragraph 2 shall avoid any conflict of interest with the City, as
"conflict" is defined and interpreted within Section 1090 of the
Government Code.
16. TIME IS OF THE ESSENCE.
Time is of the essence.of this agreement and Consultant
shall pursue the work provided for with such diligence as to com-
plete the work expeditiously.
17. SUCCESSORS AND ASSIGNS.
This agreement covers professional services of a specific
and unique nature and the Consultant shall not assign, sublet,
or transfer his interest in this agreement without the prior written
consent of City. -4-
18. COPYRIGHT.
•
No reports, maps, documents or other materials produced
in whole or in part under this agreement shall be subject to an
application for copyright by or on behalf of Consultant.
19. FINDINGS CONFIDENTIAL.
No reports, maps, information, documents, or any other
materials given to or prepared by Consultant under this agreement
shall become the property of Consultant or shall be made available
to any individual or organization by Consultant without the prior
written approval of City.
20. INSURANCE.
During the term of this agreement Consultant shall keep
in full force and effect worker's compensation, general liability
and professional liability insurance in form and amounts satis-
factory to City. Upon request of City Consultant shall be required
to provide proof of such insurance.
21. ADMINISTRATION.
City hereby designates and empowers the Director of
Community Development, or his designee, and Consultant hereby
designates and empowers Patrick Gerety or Alice Loh , to act
as their representative principals in the administration of this
agreement.
22. INDEM.NITY.
Consultant hereby agrees to indemnify and save harmless
City, its officers, agents and employees of and from:
a. Any and all claims and demands which may be made
against City, its officers, agents, or employees by reason of
any injury to or death of any person or damage suffered or sus-
tained by any person or corporation caused by, or alleged to have
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•
been caused by, any act or omission, negligent or otherwise, of
Consultant under this agreement or of Consultant's employees or
agents; ,
b. Any and all damage to or destruction of the property
of City, its officers, agents or employees occupied or used by or
in the care, custody, or control of Consultant, or in proximity
to the site of Consultant's work, caused by any act or omission,
negligent or otherwise, of Consultant under this agreement or of
Consultant's employees or agents;
c. Any and all claims and demands which may be made
against City, its officers, agents, or employees by reason of any
injury to or death of or damage suffered or sustained by any
employee or agent of Consultant under this agreement, however
caused, excepting, however, any such claims and demands which are
the result of the sole negligence or willful misconduct of City,
its officers, agents, or employees;
d. Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term
or condition of any permit.
Consultant, at his own cost, expense, and risk, shall
defend any and all suits, actions, or other legal proceedings
that may be brought or instituted by third persons against Com-
mission, its officers, agents, or employees on any such claim or
demand of such third persons, or to enforce any such penalty, and
pay and satisfy any judgment or decree that may be rendered against
the City, its officers, agents, or employees in any such suit,
action, or other legal proceeding.•
CM
23. NOTICES.
0
All notices hereunder shall be given in writing and
mailed, postage prepaid, by certified mail, addressed as follows:
To City: City of San Luis Obispo
Community Development Director
P. 0. Box 321
San Luis Obispo, CA 93406
To Consultant: ENVIRONMENTAL RESOURCES
1141 Marsh Street
San Luis Obispo, CA 93401
24. INDEPENDENT CONTRACTOR.
Notwithstanding any other representations, oral or
written, between the parties, including any and all agents or
representatives thereof, Consultant at all times covered by the
terms of this agreement is acting as a free and independent
contractor, and not as an employee.of City.
IN WITNESS WHEREOF,-- -the parties hereto have executed this
agreement the.day and year first above written.
ATTEST:_
Cert J.H. Fitzpatrick
CONSULTANT: ENVIRONMENTAL RESOURCES
OF SALT �dIS7OBISPO
icipal Corporation
Approved as to form: Approved as to content:
A&ju a L L%^, P -- "'Za&,�
City Attorney Ci AcTifti istrative Officer
o�
Community evelol& nt Director
RESOLUTION NO. 3800 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BEWEEN THE CITY AND
SEDES FOR LANDSCAPE ARCHITECT SERVICES
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
SEDES for landscape architect services as needed by the Community Develop-
ment Department,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: SEDES,
Community Development Department and Finance Department
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 20th day of March
19 79.
ATTEST:
erk J.H. Fitzpatrick
Approved as to form:
City Attorney
o
Approved as to content:
Ile
ni t ative Officer
4
Community Devtlopment &&rector
Q
AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES
This agreement, made and entered into this 20th day of
March , 1979, by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation, hereinafter called "City ", and
SEDES hereinafter called "Consultant."
W I T N E S S E T H:
In consideration of their mutual covenants, the parties
hereto agree as follows: -
1. EP:PLOYi -U;NT.
City hereby engages Consultant and Consultant hereby
agrees to perform for City the services hereinafter set forth for
the compensation hereinafter set.forth, all pursuant to the terms
and conditions herein.
2. SCOPE OF SERVICES.
Pursuant to this agreement. from time to time at City's
direction Consultant shall provide City landscape architectural
design and planning consultation services for selected private
development projects submitted for City approval and for selected
City improvement projects.
Consultant shall perform said professional services only
when authorized in writing by the City.
C
3. STATUTES, ORDINANCES AND REGULATIONS.
Consultant agrees that he will adhere to all federal,
state and local statutes, ordinances and regulations in the per-
formance of his duties.
4. COMPENSATION.
a. The fee paid by the City to the Consultant for
services rendered under the provisions of this agreement shall
be computed on a time and material basis, utilizing the fee
schedule.outlined below.
Schedule of Fees
1. Principal
2. Associate
3. Other Staff
4.
$ 25:00 _
per
hour
$ 15.00
per
hour
$ 12.50
per
hour
$ per hour
b. Consultant shall be entitled to reimbursement for
all costs and expenses advanced or incurred by it including, but..___ _
not limited to, long distance telephone and travel expenses in
the event travel is necessary outside,.the City of San Luis Obispo.
c. For selected projects, City shall require Consultant
to furnish the approximate time required to render the foregoing
services, and the amount shall be agreed upon prior to the commence-
ment of work on said project.
5. PAYMENT.
Consultant shall.bill City for consulting fees and costs
monthly, on or before the 15th day of the month for any work per-
formed during the preceeding calendar month. These billings shall
set forth the services rendered, the date on which the services were
rendered and the time spent rendering the service. City shall pay
consultant within thirty days following receipt of billing.
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6. OBLIGATION OF CITY.
City is under.no obligation to make any payments to
Consultant hereunder unless and until City directs Consultant to
perform work as described in Section 21 above.
7. CONSULTANT'S RESPONSIBILITY. .
At City's direction Consultant shall attend conferences
with City staff as may be necessary to assure proper performance
of this agreement. Consultant agrees to use his best efforts to
car -ry out the terms specified in this a- greement and City agrees
not to interfere with this effort.
8. RESPONSIBILITIES OF THE CITY:_
The City shall cooperate.with the Consultant on all
phases of the. planning covered by this agreement and will make
available to him, as needed, all maps, topographic maps, aerial
photographs and other similar data in possession of the City
regarditg the project for which services are being rendered here-
under.
9. TERM OF AGREEMENT.
This agreement shall commence on the date first written
above and shall terminate only as provided.in.Section.10.
10. TERMINATION OF AGREEMENT FOR CONVENIENCE OF PARTIES.
Either party may terminate this agreement at any time by
giving to the other party fifteen (15) days written notice of such
termination, specifying the effective date of.such termination.
Consultant shall be paid for all work satisfactorily completed
prior to the effective date of such termination.
11. TERMINATION OF CONTRACT FOR CAUSE.
If Consultant.fails to fulfill in a timely and profession-
al manner- his obligation under this agreement, or if Consultant
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shall violate any of the terms of this agreement, City shall have
the right to terminate this agreement effective immediately upon
the City's giving written notice thereof to Consultant. Consultant
shall be paid for all work satisfactorily completed prior to the
effective date of such termination. .
12. ATTORNEY FEES.
In the event either party to this agreement brings suit
to enforce any provision of this agreement, the prevailing party
shall recover from the losing party a reasonable sum for attorney's
fees incurred in such suit, which sum shall be fixed by the court.
13. AMENDMENTS.
The parties hereto may modify the terms of this agreement
by mutual written consent.
14.. NONDISCRIMINATION.
There shall be no discrimination against any person em =.
ployed pursuant to this agreement in any manner forbidden by law..
15. CONFLICT OF INTEREST.
Consultant in performing his duties as set forth in
Paragraph 2 shall avoid any conflict of interest with the City, as
"conflict" is defined and interpreted within Section 1090 of the
Government Code.
16. TIME IS OF THE ESSENCE.
Time is of the essence of this agreement and Consultant
shall pursue the work provided for with such diligence as to com-
plete the work expeditiously.
17. SUCCESSORS AND ASSIGNS.
This agreement covers professional services of a.specifc
and unique nature and the Consultant shall not assign,.sublet;
or transfer his interest in this agreement without the prior written
consent of City. -4
18. COPYRIGHT.
No reports, maps, documents or other materials produced
in whole or in part under this agreement shall be subject to an
application for copyright by or on behalf of Consultant.
19. FINDINGS CONFIDENTIAL.
No reports, maps, information, documents, or any other
materials given to or prepared by Consultant under this agreement
.shall become the property of Consultant :or shall be made available
to any individual or organization by Consultant without the prior
written approval of City.
20. INSURANCE.
During the term of this agreement Consultant shall keep
in full force and effect worker's compensation, general liability
and professional liability insurance in form and amounts satis-
factory to City. Upon request of City Consultant shall be required
to provide proof of such insurance.
21. ADMINISTRATION.
City hereby designates and empowers the Director of
Community Development, or his designee, and Consultant hereby
designates and empowers Dale A. Sutliff or Jerry D. Emery to act
as their representative principals in the administration of this
Agreement..
22. INDEIAMITY.
Consultant hereby agrees to indeinnify.and save harmless
City, its officers, agents and employees of and from:
a. Any and all claims and demands which may be made
against City, its officers, agents, or employees by reason of
any injury to or death of any person or damage suffered or sus-
_
tained by any person or corporation caused by, or alleged to have
-5-
: been caused by, any act or omission, negligent or.otherwise, of
Consultant under this agreement or of Consultant's employees or
agents;
b. Any and all damage to or destruction of the property
of City, its officers, agents or employees occupied or used by or
in the care, custody, or control of Consultant, or in proximity
to the site of Consultant's work, caused by any act or omission,
negligent or otherwise, of Consultant.under this agreement or of
Consultant's.employees or agents;
C. Any and all claims and demands which may be made-
against City, its officers, agents, or employees by reason of any
injury to or death of or damage.suffered or sustained by any
employee or agent of Consultant under- this agreement, however
caused, excepting, however, any such claims and demands which are
the result of the sole negligence or willful misconduct of City,
its officers, agents, or employees;
d. Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term
or condition of any permit.
Consultant, at his own cost, expense, and risk, shall
defend any and all suits, actions, or other legal proceedings
that may be brought or instituted by third persons against Com-
mission, its officers, agents, or employees on any such.claim or
demand of such third persons, or to enforce any such penalty, and
pay and satisfy any judgment or decree that may be rendered against
the City, its officers, agents, or employees in any such suit,
action, or other legal proceeding.•
CM
23. NOTICES.
All notices hereunder shall be given in writing and
mailed, postage prepaid, by, certified mail, addressed as follows:
To City: City of San Luis Obispo
Community Development Director.
P. b. Box 321
San Luis Obispo, CA 93406
To Consultant: SEDES
1041 Chorro Street.
San Luis Obispo, CA 93401
24. INDEPENDENT CONTRACTOR.
Notwithstanding any other representations, oral or
written, between the parties, including any and all agents or
representatives thereof, Consultant at all times covered by the
terms of this agreement is acting as a free and independent
contractor, and not as an employee of City.
IN WITDTESS WHEREOF, the parties hereto have executed this ------- - - - - --
agreement the day and year first above written.
CONSULTANT:
OJ414(O -
CITY OF SALT LOIS OBISPO
A Municipal Corporation
ATTEST:
C er-k J.H. Fitzpatrick
Approved as to form: Approved as to content:
City Attorney City ,Xdminist'rative Officer
Community',Development Director
i Q
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