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HomeMy WebLinkAbout3100-3199RE„ UTION NO. 3199 (1976 Seri 1" J A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP 76 -512 (NICHOLAS MURPHY, APPLICANT: 878 & 894 WALNUT STREET). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby makes the following findings concerning Parcel Map 76 -512 (Nicholas Murphy, applicant; 878 & 894 Walnut Street): a. The proposed parcel map and design are .consistent with the General, Plan. b. The site is physically suited for the proposed type and density of develop- ment permitted by the R -4 zone. c. The design is not likely to cause substantial environmental damage, or cause serious public health problems. d. The design of the proposed subdivision.will not conflict with.public ease- ments for access through, or use of, proposed subdivision., '1 2. Tentative approval of Parcel Map 76 -512 is based upon the following conditions: a. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. b. Street trees shall be provided per Public Services Department approval. c. Proposed driveway easement for Parcel B shall be shown and properly noted as an easement on the final parcel map.. d. Existing garage shall be inspected by the Building Department prior to it being moved. Garage shall be removed from its present location prior to final map approval. 3. This Council hereby approves the tentative map for Parcel Map 76 -512. On motion of Councilman Gurnee seconded by 0ouncilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson, and Mayor Schwartz NOES: None ABSENT: Councilman Norris the .foregoing Resolution was passed and ATTEST: Approved as to form: SINSHEIMER, DE LA N Attorney en WENDT, MITCHELL, E & LILLEY, City t this 21st day of Dec. , 1976. Approved as to content: City Administrative Offker s r RESOLUTION NO. 3198 (1976 Series,) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO•GRANTING TENTATIVE APPROVAL OF PARCEL MAP 76 -499 (RICHARD WILSON, FIRST AMERICAN TITLE, APPLICANT; 22601OOMIS ST,). BE IT RESOLVED by the Council of the !City of San Luis Obispo as follows: Section 1. This Council hereby makes the following findings concerning Parcel Map 76 -499 (Richard Wilson, First American Title, applicant; 2260 Loomis Street): a. The minimum lot size requires by the subdivision ordinance is hereby waived due to exceptional circumstances apply- ing to the site such as shape and topography.. b. The proposed parcel map and design are consistent with the General.Plan. c. The site is physically suited for the proposed type and density of development permitted by the R -1 Zone. d.' The design is.not likely to cause substantial environ- mental damage, or cause serious public health problems. e. The design of the proposed subdivision will not conflict with public easements for access through, or use of, proposed subdivision. Section 2. Tentative approval of Parcel Map 76 -499 is based upon the following conditions:, a. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. b. Final parcel map shall note Parcels A and'B shall be combined and be considered one buildable lot. C. Subdivider shall install curb, gutter and sidewalk on entire Loomis Street frontage, and sidewalk on entire Santa Ynez Avenue frontage, to City standards and approval. Section 3. This Council hereby approves the tentative map for Parcel Map 16 -499. Resolution No. 3198 (1976 Series) On motion of Councilman Gurnee, seconded by Councilman Petterson, and on-the following roll call vote-- AYES: Councilmen Gurnee, Petter . §on and Mayor. Schwartz NOES:, Councilman Graham ABSENT: Councilman Norris the foregoing Resolution.•was passed and adopted-this 21st day of December, 1916. ATTEST: TT Ierk Approved as to form: WENDTr MITCHELL, SINSHkIMERI de la MOTTE & LILLEY City Attorney A By Allen Grimes Approved as to content: t RESOLUTION NO. 3197 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING LICENSE FEES FOR LICENSE TO CONDUCT BINGO GAMES. BE IT RESOLVED by the Council of the City of San Luis Obispo that pursuant to Article IV, Chapter 5, Sections 4500 through 4521 of the Municipal Code, the following fees are established for the issuance and annual renewal of a license to conduct bingo games: 1. Application fee to accompany original application ............$100.00 2. Renewal fee to accompany renewal application .................$ 50.00 The fees established by this resolution shall become effective concurrent with the established effective date of the above Municipal Code sections entitled "Bingo Game'Regulations ". On motion of Councilman Graham seconded by Councilman Gurnee , and on the following roll call vote: AYES: CbUnCilmPn (wham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilmmn Norris the foregoing Resolution was passed and adopted this 21st day of December , 1976. ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes Approved as to content: 6AAnn�ma City Administrative cer finance DIrector RESOLUTION N0. 3196 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO PROHIBITING PARKING ON THE NORTHERLY SIDE OF BUCHON STREET AND ESTAB- LISHING A LOADING ZONE ON THE WESTERLY SIDE OF NIPOMO STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Parking is hereby prohibited on the northerly side of Buchon Street beginning at the southerly prolongation of the westerly property line on Santa Rosa Street and thence continuing west 55 feet. 2. A loading zone is hereby established on the westerly side of Nipomo Street beginning at a point 23 feet southerly of the easterly prolongation of the southerly property line on Marsh Street and thence continuing 37 feet southerly, to be in effect between the hours of 9:00 a.m. to 6:00 p.m., Sundays and Holidays excepted. On motion of Councilman Norris , seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December 1 1976. Resolution No. 3196 ATTEST: -2- Approved as to form: WENDT, MITCHELL, SINS IMER, de la MOTTE & LILLEY, City Attorney y Alien crimes (1976 Series) Approved as to content: City dministra ve Officer M RESOLUTION NO. 3195(19 76 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND A. 0. RIGHETTI FOR ACQUISITION OF RIGHT OF WAY FOR SANTA ROSA STREET WIDENING. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of,which is on file in the Office of the City Clerk,.between the City and A.O. Righetti for right of way acquisition for.Santa Rosa Street widening is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: A. 0. Righetti and the City Engineer. On motion of Councilman Petterson , seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz ALOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December 1976. ATTEST: C' C erk Approved as -to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation City Attorney By Allen Grimes I i U. Box 114i, Morro Bay, California September 28 A. 0. RIGHETTI Grantor , 19 76 Dist. County 1,N1. R W -E. A. 05 - SLOf- Rosa _ 130509 Street RIGHT OF WAY CONTRACT — CITY STREET Document No. 180 -13 in the form of a GRANT DEED covering the property particularly described therein has been executed and delivered to Richard W. Lowder , Right of Way Agent for the State of California, acting on behalf of the City of San Luis Obispo. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of San Luis Obispo of all further obli- gation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The City of San Luis Obispo shall: (A) Pay the undersigned grantor(s) the sum of $ 21900.00 for the property or interest conveyed by above documents) when title to said property vests in the City of San Luis Obispo free and clear of all liens, encumbrances, assessments, ease- ments and leases (recorded and /or unrecorded), and taxes, except: a. Taxes for the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section.4986 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations.of record, or contained in the above referenced document. C. Easements or rights of way over said land for public or quasi - public utility or public street purposes, if any. APPFOVED BY DISTRICT 5 p _ Or I z + ;)istrict Director • �,: � ,�t• Way (B) Pay all escrow and recording fees incurred in this trans- action, and if title insurance is desired by the City of San Luis Obispo, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any delinquent taxes due in any fiscal.year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and /or delinquent or nondelinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this contract. 3. Any or all moneys payable under this contract, up to and inclu- ding the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any; and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish grantor(s) with good and sufficient receipt showing said moneys credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. The grantor(s) shall retain possession of the property conveyed up to and including the date of recording of the deed conveying title to the City of San Luis Obispo upon compliance by the.grantor(s) with the conditions of this contract. All rents collected by grantor(s) applicable to any period thereafter shall be paid to the City of San Luis Obispo. Either party hereto collecting rents to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provisions of this clause. 5. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor(s) further agree(s) to hold the City of San Luis Obispo harmless and reimburse the City.of San Luis Obispo for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of'grantor(s) for a period exceeding one month. 6. The undersigned grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives any and all claims to any money that may now be on deposit in said action. - 2 - 7 7. At no expense to grantor and at the time of street construction, the City or its authorized agent shall construct a 2 +- foot -high concrete block wall and portland cement concrete steps along Santa Rosa Street upon grantor's remainder property in accordance with approved construction plans, a preliminary copy of which has been furnished grantor. Any landscaping disturbed upon grantor's remainder property during said construction by the City or its authorized agent shall be repaired or replanted in kind at no . expense to grantor. It is understood and agreed that upon completion of the above described work, the block wall, steps, and landscaping shall be considered as the sole property of the grantor, the maintenance and repair of said property to be that of the grantor. Permission is hereby granted the City or its authorized agent to enter upon grantor's land, where necessary, for constructing the block wall and steps and all related incidents, including any re- landscaping work described above. 8. This transaction will be handled through an escrow with SAFECO Title Insurance Company, 1043 Marsh Street, San Luis Obispo, CA; their No. 103540. The escrow shall be open through January 15, 1977, and the deed recorded thereafter as soon as possible. 9. It is agreed and confirmed by the parties hereto that notwith- standing other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on December 1, 1976, or the close of the escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 10. All work done under this agreement shall conform to all appli- cable building, fire and sanitary laws, ordinances, and regula- tions relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. - 3 - r IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. District Right of Acquisition Branch CI A. 0. Ri,§hetti SAN LUIS OBISPO RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER- WISE SHOWN BELOW, MAIL TAX STATEMENTS TO: NAME I AonREss Dept. of Transportation P. 0. Box L . CITY San Luis Obispo, CA 93406 STATE ZIP 1 _ .. Title Order. No. Escrow. No. SPACE ABOVE THIS LINE FOR RECORDER'S USE 180 -13 (f�,)).._- 7g.,.��.._TT 1_ 180 -13 -1 IA�Bt�1�!'I hEED The undersigned declares that the documentary transfer tax is 3----------------------------------=------------------------ ----------- =--- -- - - - --- and is ❑ computed, on the full value of the interest or property conveyed, or is ❑ computed on the full Value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or really is located in ❑ unincorporated area ❑ city of ........................... .. ........ °---...- °--- - °'- -- -- - -- .............. -- °............... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to A.O. RIGHETTI THE CITY OF SAN LUIS OBISPO the following described real property in the CITY OF SAN LUIS OBISPO county of SAN LUIS OBISPO state of California: AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND COMPRISED OF ONE PAGE. Dated September 281 6 S ' edt in pre e ce +?f A. 0. Righetti ¢�C Ric and owder __..........._._._ San Luis Obispo STATE OF CALIFORNIA, ..______... _____.- _.____.._COV NTY OP..._________________ _______..__________--._....._.: sf. 28th September seventy —six On this_--- ---- ------ -- - -- --- day °� -- - -- -' - ----- --- ----- ---- ------ -- -...., in the year one thousand nine and -- ------ - -- ...-- ----- -- - - - -' -' before nee, The undrrsignrd, a Notary Public in and for said County and State, raiding therein, duly commissioned and sworn, personally appeared :Richard W. Lowder ......._. -------- - - - - -- - .- ----------------- ----- - - - --- -- --------- - - - -- -------------- - - - - -- _ ...... -- - ...... ------ - -..... ...._....--------- ---- : --------------------------------- - - -- - -- - - - - -- known to me to be the person whose name is subscribed to the within instnnnrnt as a subscribing adlnrss !hereto, who, being by me duly sworn deposel and sails: that he resides in the ........ ........._...._.... - __.County of .: -.Saq _L111S__ Obispo ---- __...- .____,.._ State of California; that he was present and saw ----------- A. 0. R1 hetti g.. - -- - - - - -- " - -- -- - - - - -- - --- - - - - -- _..... - - - - -- - -- i personally known to him to be the person. __ described in and whose name .. ._----- ___ ... s ... ... --------- -_.- _._.......__. ..... subscribed to the within, instrument, execute the same; that he, allant, subscribed bit name as a wilness thereto. - WITNESS my hand and official jcaf __T_T__...�.. EDNA L. SCHOPP My commietioo e�psres .. - - - - -- 'hey m... .. . .._. - _ _ n , oar ul i , I � - - \am..r ...... .. .... ... ..__...__- ........- .___._ (Typed or Pnnted) "EXHIBIT A" That portion of Lot I in Block 33 of the City of San Luis Obispo, in the City of San Luis Obispo, according to,the map filed for record May It 1878 in Book A. at page 168 of Maps, described as follows: PARCEL 180 -1.3 BEGINNING at the Southeasterly corner of Peach and Santa Rosa Streets, thence Southeasterly along the Easterly line of Santa Rosa Street a distance of 50.00 feet, thence Northeasterly and parallel with Peach Street a distance of 10.00 feet to a point, thence Northwesterly and parallel with Santa Rosa Street to the Southerly line of Peach,Street thence Southwesterly along said Southerly Line to the POINT OF BEGINNING. PARCEL 180 -13 -1 A temporary easement for construction purposes over across the following described parcel of land: BEGINNING at the Southeasterly corner of Peach and Santa Rosa Streets, thence Northeasterly along Peach Street a distance of 10.00 feet to the true POINT OF BEGINNING, thence Southeasterly parallel to Santa Rosa Street a distance of 50.00 feet, thence Northeasterly parallel to Peach Street a distance of 5.00 feet, thence Northwesterly parallel to Santa Rosa a distance of 50.00 feet to the Southerly line of Peach Street, thence Southwesterly along said Southerly line to the POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January It 1979. STATE OF CALIFORNIA — BUSINESS AND TRANSPORT. ^N AGENCY 7 EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTAT'16N P!O. BOX 'L, SAN LUIS OBISPO 93406 m /TELEPHONE (805) 549-3111 November 10, 1976 City of San Luis P. 0. Box 321 San Luis Obispo, Obispo CA 93406 R/W 05 -SLO -Santa Rosa Street FAU M- Y.394(1) Parcel 180 -13 (Righetti) 05430 - 130509 Attention Mr. Wayne A. Peterson City Engineer Gentlemen: Attached are the pertinent acquisition documents covering Parcel 180 -13 required for the improve- ment of Santa Rosa Street. Please arrange for execution of the original and two copies of the Right of Way Contract and acceptance of the Grant Deed by the City of San Luis Obispo. These documents should then be returned to this office for placement into escrow. Upon close of escrow and cancellation of taxes,, the recorded Grant Deed will be returned for your files. Sincerely, H. L. Bentzin r Deputy District Director Right of Way Attachments LBEEC 76K:; INDA ITEM # C1'6 ED ( ) DENIED P , Clt O S1 l City- n.. DEPARTMENT OF COMMUNITY DEVELOPMENT ` Post Office Box 321 • San Luis Obispo, CA 93406. 805/541 -1000 November 16, 1976 MEMORANDUM - For Council Agenda of 12 -7 -76 TO: Richard D. Miller City Administrator FROM: Thomas P. Gingg j Engineering Division RE: Santa Rosa Street Widening Please have the Council accept the grant deed for A. 0. Righetti and have the Mayor sign the right of way contract. TPG: j s Attach. 11.30.76 1�Q.Goh►Mbna a1pp +'OVA 1 FILE RESOLUTION NO. 3194 (19 76 Series) Copy A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SHERMAN R. PORTER AND SHARON L. PORTER FOR SANTA'ROSA STREET WIDENING RIGHT '.OF WAY. BE IT RESOLVED by the Council of.the City of San Luis. Obispo as follows: 1. That certain agreement, a copy of.which is on file in the Office of the City Clerk, between the City and Sherman R. Porter and Sharon L. Porter for right of way acquisition for Santa Rosa Street widening. is hereby approved and the Mayor is authorized to execute same. 2. The'City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Sherman , R,. Porter : and: .Sharor.::L. CP.orter^ .and' the City`: Engineer. On motion of Councilman Petterson p seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and P4ayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day i of December 19 76. Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation City Attorney. 1 BY Allen Grimes San Luis_Obispo, California October 22, !, 19 76 4: SHEMIAN R._ PORTER, et ux. Grantor Dist. County P.Iu1. R W E.A. 05 -Riet - 130509 RIGHT OF WAY CONTRACT - CITY STREET Document No. 180 -12, -1 in the form of a GRANT DEED covering the property particularly described therein has been executed and delivered to RICHARD W. LOWDER , Right of Way Agent for the State of California, acting on behalf of the City of San Luis Obispo. In consideration of which, and the other considerations-hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of San Luis Obispo of all further obli- gation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The City of San Luis Obispo shall: (A) Pay the undersigned grantor(s) the sum of $ 2,900.00 for the property or interest conveyed by above document(s) when title to said property vests in the City of San Luis Obispo free and clear of all liens, encumbrances, assessments, ease- ments and leases (recorded and /or unrecorded), and taxes, except: a. Taxes.for the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document. C. Easements or rights of way over said land for public or quasi- public utility or public street purposes, if any. AFFBOCED BY DISTRICT 5 Da c d //-/0- co J': :::.strict Director 1K For- ,IIR /W -2D (Rev. 7/69) (Real Proration) (B) Pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by theCity, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any delin- quent taxes due in any fiscal year except the fiscal year in which this escrow closes,, together with penalties and interest thereon, and /or delinouent or nondelinquent assessments or bonds except those which title is to be taken subject to in .accordance with the-terms of this contract. 3. Any or all moneys payable under this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish grantor with good and sufficient receipt showing said moneys credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. The grantor(s) shall retain possession of the property conveyed up to and including the date of recording of the deed conveying title to City, upon compliance by the grantor(s) with the conditions of this contract. All rents collected by grantor(s) applicable to any period thereafter shall be paid to the City. Dither party hereto collecting rents to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provisions of this clause. 5. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor(s) further agree(s) to hold the City harmless and reimburse the City for any and all of its losses and expenses occasioned by reason of any lease'of said property held by any tenant of grantor(s) for a period exceeding one month. 6. The undersigned grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waive(s) any and all claims to any money that may now be on deposit in said action. -2- 7. At no expense to grantors and at the time of street construction, the City, or its authorized agent, shall construct: A. 53+ lineal feet of 2+ foot high poured concrete retaining wall upon grantors' remainder property along Santa Rosa Street. B. Portland cement concrete steps aligning grantors' walkway. C. Portland cement concrete driveway aligning grantors' driveway. Any landscaping disturbed during said construction work shall be repaired or replaced in kind at no expense to grantors. It is understood and agreed that upon completion of the above described work, the retaining wall, steps, driveway and landscaping shall be considered as the sole property of the grantors, the maintenance and repair of said property to be that of the grantor. The driveway and driveway apron shall be operated, maintained and repaired in accordance with the ordinances, rules and regulations of the City of San.Luis Obispo. Permission is hereby granted the City, or its authorized agent, to enter upon grantors' land, where necessary, for constructing improve- ments described herein and all incidents relating to such construction. 8. This transaction will be handled through an escrow with SAFECO Title Insurance Company, San Luis Obispo; their No. 103539. 9. It.is agreed and confirmed by the parties hereto that notwith- standing other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on August 1, 1976 or the close of the escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not limited to full payment for such possession and use., including damages, if any, from said date. 10. All work done under this agreement shall building, fire and sanitary laws, ordinances, to such work, and shall be done in a good and structures, improvements or other facilities, or reconstructed by the City, shall be left in 3 conform to all applicable and regulations relating workmanlike manner. All when removed, and relocated, as good condition as. found. IN WITNESS WHEREOF, the parties have executed.this agreement the day and year first above written. Acquisition Branch r C SAN LUIS OBISPO f RECORDING REQUESTED BY �1 � I AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHER WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: NAME I Dept. of Transportation Aoot:ess P. 0. BOX L CITY STATE E San Luis Obispo, CA 93406 ZIP Title Order No. Escrow No. 180 -12 180 -12 -1 SPACE ABOVE THIS LINE FOR RECORDER'S USE U�ALNT DEED The undersigned declares that the documentary transfer tax is 8 ........ ......................................................................... and is ❑ romputed on the full value of the interest or property conveyed. or is ❑ computed on the full value.less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in ❑ unincorporated area ❑ city of..: .............................. ..........................°-----°-- --.....- °---...•----........... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SHER-IAN R. PORTER AND SHARON L. PORTER, husband and wife, as joint tenants hereby GRANT(S) to THE CITY OF SAN LUIS OBISPO the following described real property in the county of state of California: AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND COMPRISED OF ONE PAGE. Dated October 22, 1976 STATE. OF CALIFORNIA 1 COUNTY OF San Luis Obispo . ___I S5• On October 22, 1976 __ before nuf, the under signed, a Notary Puhlir. in and for said County and State, personally appeared Sherman R. Porter and Sharon L. Porter . known to me to he the person S _whose name S .__suhsrrihed to the within instrument and acknowledged that they executed the same. Signature or Notary FOR NOTARY. SEAL OR STAMP MAIL TAX STATEMENTS TO PAR'T'Y SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State L•I (G.S.) (Rev. 4 -75) 8 pt. DQR1S M. EEC1,'HOUT ON NOTARY PUBLIC SAN LUIS OBISPO COUNTY CALIFORNIA My Commission Expires June 2, 1978 MAIL TAX STATEMENTS TO PAR'T'Y SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State L•I (G.S.) (Rev. 4 -75) 8 pt. ALI s "EXHIBIT A ". That portion of Lot 1 in Block 33 of the City of.San Luis Obispo, in the City of San Luis Obispo, according to the map filed for record May 1, 1878 in Book A, at page 168 of Maps, described as follows: PARCEL 180 -12 BEGINNING at a point on the Northeasterly line of Santa Rosa Street distant thereon, 50.00 feet Southeasterly from the Southeasterly corner of Peach and Santa Rosa Streets; thence Southeasterly along the Northeasterly line of Santa Rosa Street a distance of 50.00 feet, thence Northeasterly and parallel with the Southeasterly line of Peach Street a distance of 10.00 feet; thence Northerly and parallel with Santa Rosa Street a distance of 10.00 feet; thence Northerly and parallel with Santa Rosa Street a distance of 50.00 feet, thence Southwesterly and parallel with the Southeasterly line of Peach Street to the POINT OF BEGINNING. PARCEL 180 -12 -1 A temporary easement for construction purposes over and across the following described parcel of land. BEGINNING at a point on the Northeasterly line of Santa Rosa Street distant thereon, 50.00 feet Southeasterly from the Southeasterly corner of Peach and Santa Rosa Streets, thence Northeasterly and parallel with the Southeasterly line of Peach Street a distance of 10.00 feet to the true POINT OF BEGINNING, thence Southeasterly and parallel to Santa Rosa Street a distance of 50.00 feet, thence.Northeasterly and parallel to Peach Street a distance of 5.00 feet, thence Northwesterly and parallel to Santa Rosa Street a distance of 50.00 feet, thence Southwesterly and parallel to Peach Street a distance of 5.00 feet to the true POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1979. STATE OF CALIFORNIA— BUSINESS AND TRANSPORT' IN AGENCY 1 EDMUND G. BROWN 1R., Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 TELEPHONE (805) 549-3111 November 15, 1976 R/W 05 -SLO -Santa Rosa Street M -Y 394(1) Parcel 180 -12, -1 (Porter) 05430 - 130509 City of San Luis Obispo P. 0. Box.321 San Luis Obispo, CA 93406 Attention Mr. Wayne A. Peterson City Engineer Gentlemen: Attached are the pertinent acquisition documents covering Parcel 180 -12, -1 required for the improvement of Santa Rosa Street. Please arrange for execution of the original and one copy of the Right of Way Contract and accept -. ance of the Grant Deed by the City of San Luis Obispo. The signed documents should then be returned to this office for placement into escrow. Upon close of escrow and cancellation of taxes, the recorded Grant Deed will be returned for your files. Sincerely, /' H. L. Bentzi r Deputy District Director Right of Way Attachments DEC - 197 &AGENDA ITEM # C 2 : i►I!!!IIIII� III I VIII IIIIhIIII I ( , .APPROVED ( , DENIED III at ®f san l u : DEPARTMENT OF COMMUNITY DEVELOPMENT " Post Office Box 321 • San Luis Obispo, CA 93406. 805/541 -1000 November 17, 1976 MEMORANDUM - For Council Agenda of 12 -7 -76 TO: Richard D. Miller City Administrator FROM: Thomas P. GinggP" Engineering Division RE: Santa Rosa Street Widening Please have the Council accept the grant deed for Sherman R. Porter and Sharon L: Porter and have the Mayor sign the right of way contract. TPG: j s Attach. ) I • 310 •'7 L Rccomma& d APPI&OVS1. RESOLUTION NO. 3193 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DELETING THE NAME "VIENTO LANE" FROM A LOOPED STREET IN TRACT 569 AND RENAMING THE ENTIRE STREET "CAVALIER LANE." WHEREAS, a portion of Tract 569 was recorded in Book 9, Page 4 of Maps on July 23, 1976, with an internal looped street bearing the names "Cavalier Lane" and "Viento Lane "; and WHEREAS, in the interest of public safety and welfare and to avoid future confusion on the part of residents and City personnel.as to locations on the dual named street; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the name "Viento Lane" be removed from the recorded tract map and the looped street be designated as "Cavalier Lane" for its entire length. 2. That the City Engineer be directed to record the name change wherever necessary. On motion of Councilman Norris , seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson NOES: May6r Schwartz ABSENT: None R 3193 9 Resolution No. 3193 (1976 Series) the foregoing Resolution was passed and adopted this 7th day of December , 1976. ATTEST: �, Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIME R, de la MOTTE & LILLEY City Attorney By Allen Grimes 1 City—Adm s tra Officer City E neer or RESOLUTION NO. 3192 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO PROVIDING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION ON MARCH 8, 1977; AUTHORIZING CONSOLIDATION OF THE ELECTION WITH BOARD OF EDUCATION AND COMMUNITY COLLEGE AND SCHOOL DISTRICT ELECTIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Pursuant to Section 300 of the City Charter, a General Municipal Election shall be held Tuesday, March 8, 1977, to fill the following elective offices: (a) Mayor - two (2) year term. (b) Two (2) Councilmen - four (4) year terms each. Section 2. Pursuant to the requests of the County Superintendent of Schools,, and the governing boards of the San Luis Obispo County Board of Education, the San Luis Obispo Community College District and the San Luis Coastal Unified School District, the elections for governing board members to be held March 8, 1977, by said Districts are hereby authorized to be consolidated with the City's General Municipal Election on said date. The County Clerk is hereby authorized and directed to canvass the returns and certify the results of said school elections. Section 3. The City Clerk is hereby authorized and directed to contract with the County Clerk of the County of San Luis Obispo for certain election services in order to provide a smoother operation of the consolidated election on March 8, 1977. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Election Code. JHF:ktm 12/1/76 R 3192 Resolution No. 3192 (1976 Series) On motion of Councilman Petterson, seconded by Councilman Graham and on the following toll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December 1976. ATTEST: t'y Clerk Approved as to form:- WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY• City Attorney —A en JHF:kt-m 12/1/76 Approved as to content: Gity A-cffninistrative-10fNer WE: fflm� r-111 *Vwl� 1ra - . � RESOLUTION NO. 3191 (1976 Series) A RESOLUTION OF INTENTION TO GRANT A FRANCHISE FOR THE COLLECTION AND DIS- POSITION OF SOLID WASTE TO THE SAN LUIS GARBAGE COMPANY FOR A TERM OF TEN (10) YEARS. WHEREAS, Article XIII of the City Charter specifies the requirements for granting or renewal of franchises; and WHEREAS, San Luis Garbage Company has applied to the City for the grant of a franchise to collect and dispose of solid waste; and WHEREAS, the Citizens Advisory Committee was assigned. by the Council to study the matter of solid waste disposal in the City and has recommended that a franchise be granted for such purpose; and WHEREAS, the Council deems it to be in the public interest to award a new franchise for the collection and disposal of solid waste in the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The City intends to grant a franchise for the collection and disposal of solid waste in the City for a period of ten (10) years to San Luis Garbage Company. The terms and conditions of said franchise are contained in the attached Exhibit "A" which is hereby incorporated in this Resolution. January 4, 1977, at 7:00 P.M. in the Council Chambers of the City Hall is the time and place the Council will conduct a public hearing and hear any persons having any interest in AG:ktm 11/23/76 R 3191 Resolution No. 3191 (1976 Series) the granting of said franchise or any objection to the granting thereof. Section 2. The City Clerk is hereby directed to publish this Resolution at least once within fifteen (15) days of the passage thereof in a newspaper in the City. Section 3. The City Clerk is hereby directed to forward a copy of this Resolution to San Luis Garbage Company. On motion of Councilman Petterson seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES.: None ABSENT: None the foregoing Resolution.was of December 1976. ATTEST: Clerk Approved.as to form: WENDT, MITCHEL SI"NSHEIMER, de la MOTTE & L LLEY City Attorney AG:ktm 11/23/76 U ssed and adopted this 7th day jayo r Approved as to content: City Administrativ Officer inance Director Page 2 r i i SOLID WASTE FRANCHISE THIS AGREEMENT made and entered into this day of , 19_, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter designated as "City ",.and SAN LUIS GARBAGE COMPANY, a California Corporation, hereinafter designated as "Company ". WITNESSETH: Pursuant to the terms of the'Charter of the City of San Luis Obispo, and Chapter 2 of Article V.of the Municipal Code of the City of San Luis Obispo, and in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by said parties as follows: 1. City hereby grants to Company the privilege of collecting and disposing of all garbage, refuse and rubbish accumulated .in City, for the period of ten (10) .years commencing on the 1st day of March , 1977 . Such collection and disposal shall be in the manner, way and subject to the terms, conditions, provisions, obligations, liabilities and restrictions of, and at the rates allowed in said Chapter 2 of Article V of the City of San Luis Obispo Municipal Code and subject to all rights, powers and privileges reserved and reservable.to said City and its officers as in said laws and ordinances comtemplated and provided. 2. Company hereby promised, agrees and undertakes, during the life of this franchise, to collect and dispose of all garbage, refuse and rubbish in the City, in the manner, way and subject to the terms, conditions, provisions, obligations, liabilities and restrictions of, and at the rates allowed by the laws and ordi- nances of City, and subject to all rights, powers and privileges reserved and reservable to City and its officers as in said laws and ordinances contemplated and provided. RDM:ktm 10/15/76 Page 1 3. Company shall not commence residential garbage, refuse or rubbish pick -up service before 6:30 A.M. of any day. 4. Company further promises and agrees to furnish to City one residential cleanup week per year, said cleanup week to start the first Monday in June following the second Saturday, simultaneously with the regular weekly collection for that week. Residents taking advantage of this cleanup week service shall be required to place loose matter in suitable containers or tied securely, the weight of which shall not exceed seventy -five (75) pounds and the length or width of which shall not exceed four(4) feet. No individual article shall weight more than one hundred seventy -five (175) pounds nor be of a shape that two (2) men cannot lift. City will publicize this event. 5. Company shall save and hold harmless the City from any and all claims for.damages of any kind or nature whatsoever that may arise out of or in connection with the exercise of this franchise for the removal of garbage, refuse or rubbish. Company promises and agrees to procure and to keep in force and effect during the life of this franchise, full compensation insurance with an insurance carrier as defined by and in accordance with the provisions of the Labor Code of the State of California. Company shall procure, carry and keep in full force and effect throughout the life of this franchise, public liability insurance with a carrier agreeable to the City to the extent of $500,000.00 for the death or injury to one person, and $1,000,000.00 for the death or injury to more than one person, and property damage . insurance to the extent of $100,000.00 upon each of the trucks or vehicles used by Company in carrying out the work called for in this franchise, said insurance to cover both Company and City, with City, its officials and its employees named as additional insureds. RDM:ktm 10/15/76 rev. 11/9/76 Page 2 Company agrees to provide City with a copy of insurance contract with a rider attached thereto providing that the insurance contract shall not be cancelled for nonpayment of premium or other- wise, without thirty (30) days' prior written notice to City sent by certified mail, directed to the attention of the City Clerk. 6. Company hereby agrees to start the collection and dis- posal of.all garbage, refuse and rubbish under the terms of this franchise on the day of , 19 , and having so commenced to collect and dispose of garbage, refuse and rubbish, Company undertakes and agrees to continue to collect and dispose of all garbage, refuse and rubbish throughout the term of ,this franchise without interruption. 7. It is hereby expressly agreed by and between the parties hereto that City shall have, and there is hereby reserved unto City and to the officials of City, all the rights, powers and privileges which it might exercise by law and expressly set out in this franchise in favor of City and its officials; and the express mention of certain rights, powers and privileges in favor of City, is not intended to and shall not be deemed or construed to exclude any other right, power or privilege in favor of City, which might.be expressly reserved herein. . 8. Company hereby promises and agrees to pay to City for the rights and privileges herein granted to it, five percent (50) of the gross cash receipts of the garbage, refuse and rubbish collection business conducted by Company within the City, said amounts to be payable monthly on or before the 15th day of the ensuing month and the said payment shall cover the gross cash receipts for the month preceding the payment date. 9. Within Company's accounting records, all items of revenue and expense for operations pertaining to the City franchise service shall be complete and clearly defined. The accounting and statis- tical records of such revenue and expense items shall be adequately segregated to meet the needs of analysis for rate making. Company RDM:ktm 10/15/76 E S.. Page 3 records shall be available for audit at any time during usual business hours. 10. Company agrees to furnish a cash or surety bond to City.in the sum of Twenty -Five Thousand Dollars ($25,000.00) conditioned upon the faithful performance of this franchise and the provisions of the City's Municipal Code. In lieu of the above, City may, at its discretion, accept some other type of financial arrangement guaranteeing City payment in case of non- performance under the terms of this franchise. 11. Company further agrees to comply with each and all of the terms of_the Charter of the City, all ordinances of the City, and all of the laws of the State of California applicable to this franchise, which are hereby made a part hereof. 12. City does not assume any responsibility for, nor shall it be held liable for damages for the failure on the part of any person, firm or corporation producing garbage, refuse or rubbish within the City to deliver the same to the Company; provided, however, it is mutually understood and agreed that the City and its officers designated by the Municipal Code to enforce the provisions thereof will at all times during the period of this franchise take all reasonable steps as provided for in said Municipal Code, to enforce each and every one of the provisions contained therein. City further reserves the right to amend the Municipal Code as to regulatory clauses thereof, but not as to the reduction of rates for collection and disposal as therein set out, nor in any manner that will increase the duties to be performed by Company without adequate compensation therefor. 13. Company, at its own expense, shall provide a disposal site, which shall be located at some point not more than fifteen (15) miles from the City of San Luis Obispo, and the location thereof shall be approved by the Health Officer of the County of San Luis Obispo and the State Board of Health. RDM:ktm 10/15/76 Page 4 The efficient and sanitary maintenance of the disposal site shall be in accordance with the rules and regulations of the City, the County, and State and amendments or changes thereto. The disposal site shall be open between the hours of 8:00 o'clock A.M. and 5:30 o'clock P.M. of every weekday, and between the hours of 8:00 o'clock A.M. and 1:00 o'clock.P.M. of every Sunday and legal holiday, except Christmas Day'and New Years Day when it may be closed all day. Company shall provide and maintain a.sign showing rates and regulations including a listing of non - permissible items. The City shall be permitted to dump such garbage, refuse, street sweepings or other materials at the disposal site as it may desire without the payment of any fee or charge therefor. 14. Company shall establish and maintain an office within the City where bills may be paid, services applied for and com- plaints made, which office shall be equipped with a telephone and shall have a responsible person in charge during usual business hours. A copy of all written complaints and statements of all verbal complaints received by the Company or its employees shall be maintained by Company and open for inspection by the City. Said records shall be maintained for the term of the franchise. Company shall at its expense in cooperation with the City, mail annually to each subscriber a statement of rules, container limitations, fees, telephone numbers and other pertinent information including information as to nonpermissible items to be disposed of at the dump site and indicating where such nonpermissible items may be safety and legally disposed of. The City shall hand out a copy of such information to all new residential customers subject to City billing. Company shall hand out a copy of such information to all new commercial and industrial customers. RDM:ktm 10/15/76 i Page 5 Company shall require its crewmen to wear clean uniforms with a conspicuous San Luis Garbage Company insignia and a name or numbered identification badge, and shall require the landfill crewmen to wear clean uniforms with a name or.numbered identifi- cation badge. The Company shall attach a tag designating a reason for noncollection to any can or container not being collected because of being overweight or for other violation. + The Company shall use enclosed body trucks for all routine collections. 15. As provided in the Municipal Code, the Health Officer shall have power to establish rules and regulations, subject to the approval of the City Council, governing.the keeping, collection, removal and disposal of garbage, refuse and rubbish, not inconsis -. tent with the provisions of this franchise. In the event the County of San Luis Obispo establishes trial or experimental programs concerning resource recovery, the Company shall cooperate with the County in conducting these programs. 16. Upon the failure or omission of the Company to keep, fulfill or perform any of the terms, provisions or conditions of this franchise, or of the Municipal Code, and the failure of the Company to remedy or correct any such failure or omission within twenty (20) days after notice in writing of such failure or omission, this franchise shall, at the option of City officials by resolution of the City Council, be terminated and ended, and the Company shall thereafter have no further rights, powers or privileges as granted by said City under or arising through this franchise. 17. It is further agreed that the City shall have the right, at its option and election, exercised not less than four (4) months prior to the expiration of this franchise, to purchase at the expiration of the period of this franchise, all the rights, title and interest, whether leasehold or contractual, which the Company RDM:ktm 10/15/76 rte__ �y 'd Page 6 or its successors in interest, may have in and' to the disposal site, upon payment of a fair valuation therefor, to be determined as herein provided. The valuation of the property interest covered by the aforesaid.option or right to purchase shall be determined by a board of three (3) arbitrators, one of whom shall be appointed by the City, one by the Company or its successors or assigns, and the third by the two arbibrators so appointed. Said arbi- trators shall be appointed within thirty (30) days after the declaration by the City of its intention to purchase. In case said arbitrators fail to make and file and award within thirty (30) days after their appointment, a new board of three (3) arbitrators shall be appointed in the same manner as hereinabove provided. Any vacancy on either of such boards shall be filled by the party who makes the original appointment. The award of the arbitrators must be made out and filed with the City Clerk within thirty (30) days after their appoint- ment and a majority of the arbitrators.who agree thereto may make such award. The amount of such award shall be paid by City to the Company, or its successors or assigns, in lawful money of the United States, upon the expiration of the term of this franchise. Upon the making of such payment, said Company, its successors or assigns, shall convey to the City all of its right, title and interest in and to said property. 18. This franchise shall not be assigned or sublet without the approval of the City Council of said City. 19. It is hereby stated and understood that this franchise contains no provision for early renewal. 20." This franchise is to be accompanied by a separate contract between the City and the Company providing that the City is to provide certain billing and collection service for the Company and the Company is to pay the City a service fee for said work. RDM:ktm 10/15/76 Page 7 r /00'\ IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed in duplicate. SAN LUIS GARBAGE COMPANY, s A California Corporation President Secretary CITY OF SAN LUIS OBISPO Mayor ATTEST: City Clerk Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LI LEY City Attorney City Administrate iive'Nfficer aa � Finance Dir RDM:ktm 10/15/76 Page 8 By Allen Grimes ector L j r'-_ RESOLUTION NO. 3190 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 21 1976. WHEREAS, a Special Municipal Election was held in the City of San Luis Obispo on the 2nd day of November, 1976, which election was duly held and conducted in the manner provided by the Charter of the City of San Luis Obispo, and as provided by law; and WHEREAS, the Special Municipal Election was consolidated with the Statewide General Election, held on November 2, 1976, and was conducted by the County Clerk of the County of San Luis Obispo; and WHEREAS, the County Clerk has filed a certified copy of the results of canvass of all votes cast at the Special Municipal Election for and against Measure "H ", City Charter Revision. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: 1. The number of votes in favor of Measure "H" was 6,105 and the number of votes in opposition to Measure "H" was 7,666. 2. The total number of votes received by Measure "H" at each Precinct and the absentee votes are shown on the tabulation of votes marked Exhibit "A" and attached hereto. 3. The City Council declares and determines that Measure "H" did not pass. The City Clerk is directed to enter in the minutes and records of the City Council the statement of the results of election and that Measure "H" did not pass. JHF:ktm 11/29/76 R 3190 Resolution No. 3190 (1976 Series) On motion of Councilman Petterson , seconded by Councilman Graham , and on the following roll call vote: AYES: Councilman Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December , 1976. ATTEST: Approved as to form: WENDT, MITCHELL, INSHEIMER, de la MOTTE & LILtEY City Attorney A By Allen Grimes Approved as to content: • City Administrative fficer Clerk JHF:ktm 11/29/76 Page 2 x CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT SPECIAL MUNICIPAL ELECTION CITY OF SAN LUIS OBISPO NOVEMBER 2•, 1976 OFFICE OF COUNTY CLERK ) COUNTY OF SAN LUIS OBISPO ) ss. STATE OF CALIFORNIA ) I, MISBETH WOLLAM, County Cle.k of the County of San Luis Obispo, State of California, do hereby certify that pursuant to law, I did canvass the returns of said election held November 2, 1976, in said-City of San Luis Obispo, and that the total number of votes cast for and against the following measure in said city and in each of the respective precincts therein, are as follows: • A MEASURE H: "Shall the proposed Charter of the City of San Luis Obispo be adopted ?" Consolidated Precinct No 49 50 51 52 53 54 55 56 57 58 59 60 61 62 99 100 101 102 103 104 105 106 107 108 109 110 Yes No 160 236 213 252 156 244 119 160 125 210 240 226 197 254 142. 175 229 276 255 334 182 307 249 359 194 284 233 312 243 252 151 182 141 204 109 189 194 221 207 215 - 256 227 = 268 232 177 218 238 249 232 287 196 211 DKOHIBIT "A" Consolidated Precinct No Yes No ill 173 209 112 342 384 113 134 181 DATED(. Sub-Total: 5,755 7,090 Absentee Vote: 350 576 TOTAL VOTES CAST: 6,105 7,666 if COUNTY Of LUIS O'r;: I PP!JSETH WOLLar,, I C Ot M, Ity, and -hereof, do hmt,* t. 'uc corica coov c ar;d that I 3;igirlal. L" m.- "v":; alc WITNESS, My han•*.',:n.': I'a;d of visors this ....... day of M11,SBETE I,,',fGLLANI 4 COUDZY Clerk and Ex-Pirin Clerk of the Board of Super vi s By -z- Dppt;ty Clerk �_XIMIL331T "Arr IOLUTION NO. 3189 (1976 Series) 40 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO (1) APPROVING AN AMENDED JOINT POWERS AGREE - MENT FOR THE SAN LUIS.OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS AND (2) APPROVING AN INTERIM JOINT 06IVERS AGREEMENT FOR FORMATION OF A COUNTY -WIDE PUBLIC TRANS- PORTATION AGENCY TO BE KNOWN AS THE "REGIONAL TRANSIT AUTHORITY." BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves the "Joint Powers Agreement for San Luis Obispo Area Council of Governments" as amended and the Mayor is authorized to execute said agreement on behalf of the City. SECTION 2. This Council hereby approves the "Interim Joint Powers Agreement" for formation of a County -wide public transportation system to be known as the "Regional Transit Authority," whose initial function will be to develop County -wide transportation for elderly and handicapped citizens. The Mayor is authorized to execute said agreement on behalf of-the City. SECTION 3. The City Clerk is directed to forward a certified copy of this Resolution and executed copies of both agreements to the Area Planning Coordinating Council Office. On motion of Mayor .Schwaitz seconded by _Councilman Norris , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December 1976. ATTEST: C, C er c Approved as to form: WENDT, MITCHELL, SIN de la MOTTE $ LILLEY City Attorney en ktm 12/1/76 Approved as:to content: City ATministYative 0 IN er �{ r RESOLUTION NO. 3188 (1976 Series) A RESOLUTION OF THE COUNCIL_ OF THE CITY OF SAN LUIS OBISPO CONCERNING PROPOSED SUPER- TANKER PORT AND RELATED FACILITIES. WHEREAS, location of a supertanker port is being considered at a site along the:California coast; and WHEREAS, among the sites being considered are sites within San Luis Obispo County and Northern Santa Barbara County; NOW., THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City df..San Luis Obispo strongly opposes the location of a supertanker port off the coast of San Luis Obispo County and Northern Santa Barbara County, i:e., 1. Avila Beach 2. Estero Bay 3. Osos Flaco Lake 4. Guadalupe Dunes or any other location which.would adversely affect our environmental quality and drastically alter the economy of our area. SECTION 2. The City further opposes the siting of a consolidated super- tanker port - LNG terminal - gassification plant as proposed in the Guadalupe DunesiArea by Santa Barbara County. •SECTION 3. The City of San Luis Obispo urges the Governor, the State Legislature, the State Air Resources Board,. the State Energy Commission, the California - Coastal Commission, the State Department of Parks and.Beaches, and other related State agencies to take firm action'to block any plans to establish such facilities in this coastal area. ktm 12/9/76 R 3188 Resolution NO 3188 2 (1976 Series) SECTION 4. The City of San Luis Obispo urges the County of San Luis Obispo., other local governments within the South Central. Coast Air Basin, to wit.: City of Arroyo Grande., City of Grover City, City of Guadalupe, City of Lompoc, City of Morro Bay, City of Pismo Beach, and City of Santa Maria, as well as the Air Pollution Control District to join the City of San Luis Obispo in opposing the location of such facilities in the Central Coast Area and to adopt resolutions to this effect. SECTION 5.. The City of San Luis Obispo requests Assemblywoman Carol Hallett and State Senator Robert Nimmo to.use their offices to the maximum to work for State action to prevent such facilities from being located in this area. SECTION 6. The City Clerk is directed to furnish copies of this Resolution to the following: Governor of the State of California County of San Luis Obispo State Air Resouces Board County of Santa Barbara State Energy Commission City of :Arroyo Grande California Coastal Commission City of Grover City State Department of Parks & Beaches Assemblywoman Carol Hallett Assemblyman Charles Warren State Senator Robert Nimmo City of Guadalupe City of Lompoc City of Morro Bay. City of Pismo Beach City of Santa Maria. On- motion of Councilman Gurnee, seconded by Councilman Graham, and on the following loll call vote: ktm 12/9/76 Resolution No. 3188 3 (1976 Series) AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December, 1976. ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes ktm 12/9/76 RESOLUTION NO. 3187 (19 76 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND KCBX -FM RADIO FOR GRANT OF PROMOTIONAL FUNDS, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: g certain agreement, 1. That Bement, a copy of which is on file in the Office of the City Clerk, between the City and KCBX -FM RADIO for promotional funds in the amount of $1,250.00 for operation of the radio station and to demonstrate community support of the community oriented radio station is hereby approved and the Mayor is authorized to execute same. 2. The Citv Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: KCBX -FM Radio. On motion of Councilman Graham seconded by Gurnee and on the following roll call vote: Councilman AYES: Councilmen Graham, Gurnee, Pet tersoneandrMay6r::Schwartz NOES: Councilman Norris ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December ATTEST: 1976 . Cif Clerk Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation City Attorney l- By Allen Grimes JHF:ktm 12/ -1/76 R 3187 RESOLUTION NO. 3186(1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GARY H, GRANT FOR EXCHANGE OF EASEMENTS ADJACENT TO THE NIPOMO- HIGUERA STREET PARKING LOT AND SAN LUIS OBISPO CREEK FOR THE CONSTRUCTION OF THE PHOENIX BUILDING. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of.which is on file in the Office of the City Clerk, between the City and GARY H. GRANT, entitled. "Agreement Affecting Real.Property Interests" for exchange of easements adjacent to the Nipomo - Higuera Street Parking Lot and San Luis Obispo Creek for construction of the Phoenix Building is hereby approved and the Mayor is authorized to execute same.. 2. The Citv Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Gary H. Grant and the Community Development Department On motion of Councilman Graham , seconded by Councilman Gurnee and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENTe None the foregoing Resolution was passed and adopted this 7th day of December ATTEST: 7.9 76. C' erk Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE &.LILLEY A ProfessionallCorporation City Attorney By Allen Grimes �1 4 RESOLUTION NO. 3185 (19 76 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CHARLES WEIS FOR LEASE OF ACREAGE AT THE CITY SEWAGE TREATMENT PLANT FOR GRAZING PURPOSES. BE IT RESOLVED by the COUnGil of the City of San Luis Obispo as follows:. 1. That certain agreement, a copy of which is on file in the Office of the City Clerk,.between the City and Charles Weis for lease -of acreage at the City Sewage Treatment Plant for grazing purposes from January 1, 1977 through December .31; 1981, at $9.25 per acre per month, is hereby approved and the Mayor is authorized to execute same•. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: the Director of Public Services and the Lessee. On motion of Councilman Petterson ; seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December ATTEST: 1976 . y` Clerk Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Cprporation City Attorney �I k By R 3185 RESOLUTION NO. 3184(1976 Series) A RESOLUTION OF THE COUNCIL.OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AMENDING DISTRICT AGREEMENT NO. 76 -2 FOR SANTA ROSA STREET RIGHT OF WAY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk,.between the City and State of California Department of Transportation to amend District Agreement No. 76 -2 for Santa Rosa Street right of way is hereby approved and the Mayor is authorized to execute same. 2. The .City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: California Department of Transportation and the City Engineer. On motion of Councilman Norris , seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of December 1976 . ATTEST: Vi ' Approved as to form: WENDT, MITCHELL, SINSHEIMER, - - de la MOTTE & LILLEY A Professional Corporation City Attorney. BY Allen Grimes Approved as to content: City Administrative N icer City neer C+� AMENDMENT TO DISTRICT AGREEf/,rENT NO. 76 -2 WHEREAS, the CITY OF SAN LUIS OBISPO and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, District 05, have heretofore entered into that certain District Agreement No.,76 -2; dated July 11, 19753 which sets forth the covenants and conditions under which STATE is to provide Right of Way services on behalf of CITY; and, WHEREAS, under said Agreement the CITY would provide the capital payments for the acquisition of rights of way; and, WHEREAS, subsequent to entering into said Agreement, it has been mutually agreed that STATE should make such capital payments into escrow and then obtain reimbursement, from the Federal Highway Administration for the participating share; and, WHEREAS, by reason of the foregoing, it is now the desire of the parties hereto to amend.various clauses of said District Agreement so that STATE will make said capital payments. Now, therefore, it is agreed by and between the parties hereto that said Agreement shall be revised as follows: SECTION I Clause 1.F.5. to be amended to read: 5. The providing of STATE claim forms to displacees, assisting them in filing, and processing all relocation claims. Clause 5. to be added: 5. Deliver necessary funds into escrow for the purchase of required parcels, and make relocation assistance payments as required for CITY's project. Clause 6. to be added: To bill CITY for the advance deposit as specified in SECTION II., Clause 1, and to bill CITY monthly for CITY's share of actual project costs and administrative assessment as defined in SECTION III, Clause 18. SECTION II Clause 1. to be amended to read: 1. To' deposit with STATE, within 30 days of receipt. of billing therefore, an advance deposit of $7,Q00.00. The advance deposit will be made prior to the STATE's commencement of services. Clause 2. to be amended to read: 2. To pay STATE within 30 days following each monthly billing of CITY's share of actual project costs and administrative assessment. Original Clause 8. to be deleted and replaced with the following: 8. To pay STATE within 30 days of receipt of final billing at completion of project, any remaining cost due in excess of the original deposit and accumulated progress payments. SECTION III Clause 1. to be amended by addition of subparagraph C: C. Reimbursement for costs for acquisition of the right of way required for CITY's project including, but not limited to, the following: 1) Payment to property owners for property rights required for the project. 2) Severance or other damages. 3) Payments of relocation assistance claims. Clause 18. to be added: 18. That, as the project is programmed for Federal Highway Administration participation in the costs of right of way, CITY will reimburse STATE for the following portions of those items of compensation as defined in Clause 1. of this Section: 1) The CITY's share of the labor and other actual costs eligible for participation. 2) All the non - eligible labor and other actual costs, if any; and 0 3) The entire administrative assessment applied to the total labor costs (because FHWA.will not participate.in the administrative assessment). All other terms and conditions of the Agreement shall . remain unchanged. In witness whereof, the parties hereto have executed this amendment to District Agreement No. 76 -2 this 3rd day of December 1976. STATE OF CALIFORNIA Department of Transportation By �p � 4:� District Directo of Transportation ,W: A // -/ % -'e f7d CITY OF SAN LUIS OBISPO Approved as to orm and Procedure City Attorney WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY Approved as to content: City Adminis atiN fficer RESOLUTION NO. 3183 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY ADMIN- ISTRATIVE OFFICER TO NEGOTIATE AND EXECUTE CERTAIN PERSONAL SERVICES CONTRACTS FOR, ENVIRONMENTAL INFORMATION REPORTS. WHEREAS, the California Environmental Quality Act requires the preparation and filing of an environmental impact report (EIR) in connection with certain private projects; and WHEREAS, the property owner or developer is required by the laws of the City to pay the cost of such EIR's; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The City Administrative Officer is authorized to negotiate and execute on behalf of the City any contract for the preparation of an EIR for a private project, the cost of which is paid to the City by the property owner or developer concerned. On motion of Councilman Petterson, seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Absent the foregoing Resolution was passed and adopted this 16th day of November , 1976. ATTEST: R 3183 Resolution No. 2 (1976 Series) Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney i By Allen Grimes Approved as to content: City Administrative officer a RES TION NO. 3182 (19 76 Serie® A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP_O APPROVING AN AGREEMENT BETWEEN THE CITY AND GERALD W. SHIPSEY AND JOHN L. SEITZ FOR SANTA ROSA STREET RIGHT OF WAY, PARCEL 180 -10. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file.in the Office of the City Clerk,. between the City and GERALD W. SHIPSEY $ JOHN L. SEITZ for right of way acquisition.for Santa R "usa Street widening, Parcel 180 -10, Agreement No. 05430 - 130509 is hereby approved and the Mayor is authorized to execute same. 2. The-City Clerk shall furnish a copy of this Resolution together with a copy of the agreement apprcved.by it to: the City Engineer and Shipsey 8 Seitz On motion of Councilman Petterson seconded by Graham and on the following roll call vote: Councilman AYES: Councilmen Graham, Gurnee, Norris, Petterson aid Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of November , 1976 ATTEST:- RESOLUTION NO. 3182 (19 76 Series), A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING•AN AGREEMENT 'BETWEEN THE CITY AND GERALD W. SHIPSEY AND JOHN L. SEITZ FOR SANTA ROSA STREET RIGHT OF WAY, PARCEL 180 -10.. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk,.between the City and GERALD W. SHIPSEY & JOHN L. SEITZ for right of way acquisition for Santa Rosa Street widening, Parcel 180 -10; Agreement No. 05430 - 130509 is hereby approved and the Mayor is authorized to execute same. 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 Shipsey & Seitz On motion of Councilman Petterson seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES : None, ABSENT: None the foregoing Resolution was passed and adopted this 16th day Of November 19 76 ATTEST: e r - -- 0 ,-STATE OF CALIFORNIA— BUSINESS AND - TRANSPO TH ATION AGENCY EDMUND G. BROWN 3R., Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 TELEPHONE (805) 549-3111 February 18, 1977 R/W 05 -SLO -Santa Rosa Street Parcel 180 -10 (Shipsey.) 05430 - 130509 City of San'Luis Obispo P. O. Box 321 San Luis Obispo, CA 93406 Attention Mr. Wayne Peterson City Engineer Gentlemen: Returned for your files for the above referenced parcel are the original fully executed Right of Way Contract and Right to Construct. There will be no tax cancellation or document recordation because of the tempo- rary rights acquired. _Y , D. A. riend District Right of Way.Agent Acquisition Branch Attachments FEB 1977 N San Luis Obispo ,California September.20 , 19 76 GERALD W. SHIPSEY and JHNL.SEI.TZ Grantor Dist, ount R - 05 SLO Santa 130509 Rosa Street RIGHT OF WAY CONTRACT - CITY STREET Document No. 150 -10 in the form of a Right to Construct covering the property particularly described therein has been executed and delivered to Richard W. Lowder Right of Way Agent for the State of California, acting on behalf of the City of San Luis Obispo. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of San Luis Obispo.of all further obli- g"ation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The City of San Luis Obispo shall: (A) Pay the undersigned grantor(s) the sum of $ 100.00 for the property or interest conveyed by above document,, subject to all.matters of record. n APPROVED BY DISTRICT 5 H. BE)ntzinor O - 1!epu .y District Director Ric_!.L „r tray 3. At no expense to grantors and at the time of street construction the City or its authorized agent shall: (A) Construct poured Portland.cement concrete retaining wall.. (B) Construct a Portland cement concrete drive apron and asphalt concrete driveway with 5 foot radius returns conforming to existing driveway alignment. (C) Relocate business sign upon grantors' remainder property. Any landscaping disturbed during said construction work shall.be repaired or replaced in kind at no expense to grantors. It is understood and agreed that upon completion of the above described work, the retaining wall, sign, driveway, and landscaping shall be considered as the sole property of'the.grantors, the mainte= nance and repair of said property to be that of the grantors. The driveway and driveway apron shall be-operated in accordance with and subject to the ordinances, rules and regulations of the City of San Luis Obispo. Permission is hereby granted the City or its authorized agent to enter upon grantors' land, when necessary, for relocating the sign and for constructing improvements described herein and all incidents.relating to such construction. 4. It is agreed and confirmed by the parties hereto that notwith- standing other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on December 1, 19762 or upon approval of this contract by the City, whichever occurs first. 5.. All work done under this agreement shall conform to all applicable building, fire, and-sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. 6. In consideration of the City's waiving the defects and imperfec- tions in the record title, as set forth herein, the undersigned grantors covenant and agree to indemnify and hold the City of San Luis Obispo Harmless from any and all claims that other parties may make or assert on the title to the premises. The grantors' obligation herein to indemnify the City shall not exceed the amount paid to grantors under this contract. 2 IN WITNESS WMnEOF2 the parties have executed this agreement the day and year first above written. Reco d for A praval: l By------------- - --� -- --------- - - - - -- ----- - - - - -- Right of Way Agent BY — -- - -o-f -- Way ---------Agent ------- $9IIlOIIiight DI OF SAN LUIS th E. Schwartz, Grantor __9 No Obligation Other Than Those Set Forth Herein Will Be Recognized - _ EST. 4062. 12131 -000 2 -72 2M BEST @ OOP Affects Parcel No. 180 -10 05 -Santa Rosa Street City of San Luis Obispo E.A. 00.509 R I G H T TO C O N S T R U C T Date: September 20, 1976 City of San Luis Obispo Mr. Kenneth Schwartz Mayor P. 0. Box.321 San Luis Obispo, CA 93406 Gentlemen: Permission is hereby granted to the City or its authorized agent(s) to enter upon our land, as shown shaded in red on the attached map, for the purpose of constructing or improv- ing a public street and accomplishing all necessary incidents thereto. Said Right to Construct shall cease and terminate upon comple- tion of construction, but in.any event shall cease and termi- nate not later than January 1, 1978. Very truly yours, RECOMMENDED FOR APPR UAL: Richard W. Low er Right of Way Agent Acquisition Branch L . 11 . 1 L -i. 141 District Right of Way Agent Acquisition Branch ACCEPTED: OF SAN LUIS OBISPO Mayor E. Schwartz Is -1-11N '3 3 19C cs N T $ N HDV3d w In I 041 .01 co ------------- II ov r.___________—_____ ------------ ------------- Ll $ N HDV3d w In I 041 .01 ------------- ------------ $ N HDV3d w In I c RESOLUTION NO. 3181 (19 76 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR RELOCATION ASSISTANCE SERVICES ASSOCIATED WITH 630 MONTEREY STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and CALIFORNIA DEPARTMENT OF TRANSPORTATION for relocation assistance services 'for 630 Monterey Street in the amount of approximately $1,000. is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Department of Transportation and the City Engineer. On motion of Councilman Petterson , seconded by Mayor Schwartz , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of November , 19 76 ATTEST: R 3181 C' y ert t l Date: December 3, 1976 Mr. E. F. Gregory District Director of Transportation State of California Department of Transportation P. 0. Box L San Luis Obispo, CA 93406 Attention.Mr. H. L. Bentzinger Dear Mr. Gregory: The City of San Luis Obispo is required to provide Relocation Assistance in connection with the purchase of residential property located within the City at 630 Monterey Street. The City has considered the use of private firms in providing Relocation Assistance services but has deter- mined that the State of California (hereinafter called the STATE), by and through Caltrans, has the expertise which will better suit its needs in this instance. This letter solicits the STATE to furnish Relocation Assistance services and to enter into an agreement with the City to provide such services. It is under- . stood that the cost to the City for employing Caltrans to provide Relocation Assistance services is the esti- mated sum of $13000.00. Si9cerely, rr _: P r r Cfty of San Luis Obispo R E S 0 L U T I O.N N 0. L31 O_ RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW -RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight,'and to- realize as soon as feasible the goal of a decent.home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act.of.1937, as amended, the United.States of America, acting through the Secretary of Housing and Urban Development (herein called the "Government "), is authorized to provide financial assistance to local public housing agencies for undertaking and carry- ing out preliminary planning of low -rent housing projects that will assist in meeting this goal; and WHEREAS, the Act.provides that there shall be local determination of need for low- rent housing to meet needs not being adequately met by private enterprise and that "the Government shall not.make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low -rent housing projects unless.the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS,, the Housing Authority of the City of San Luis Obispo (herein called the "Local. Authority ") is a public housing agency and is applying to the Government for a preliminary loan to cover the costs of surveys and planning in connection with the development of low -rent housing; NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo as follows: 1. That there exists in the City of San Luis Obispo a need for such low -rent housing which is not being met by private enterprise; 2. That the application of=the Local.Authority to the Government, for a preliminary loan in an amount not to exceed $60,000 for surveys and.planning in con- nection with low -rent housing projects of not to exceed approximately 150 dwelling units is hereby approved. Resolution No: 3180 (1976 Series) On motion of Councilman Gurnee seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of November 1976. ATTEST: f y Qkgrk Approved as to form: WENDT, . MITCHELL, SINSHEIMER, de la MOTTE & LILKEY City Attorney Ili)n n /A 4 By Allen Grimes Approved as to content: City Administrative Officer R E S O L U T I O N N 0. 317 A RESOLUTION APPROVING THE COOPERATION AGREEMENT BETWEEN THE HOUSING AUTHORITY AND THE CITY OF SAN LUIS OBISPO WHEREAS, Resolution No. 1831 (1968 Series) declared the need for a Housing Authority in the City of San Luis Obispo; and WHEREAS, subsequently said Authority was created and embarked upon a program of developing low -rent housing units as authorized by the Citizens of the City of San Luis Obispo; and WHEREAS, said Authority was authorized by the Citizens of the City of San Luis Obispo in an election held on April 17, 1973 to develop additional low rent housing projects not exceeding 150 additional units; and WHEREAS, said Authority has prepared, has authorized its Chairman to sign and has presented for the approval of the City Council a Cooperation Agreement designed to clarify the responsibilities of each local entity with respect to any such housing Project; and WHEREAS, it is in the public interest that such an agreement be entered into between the two concerned local entities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, California as follows: Section 1. That certain Cooperation Agreement dated November 16 , 1976 by and between the Housing Authority of the City of San Luis Obispo and the Municipality is hereby approved. Section 2. The Mayor of the City of San Luis Obispo is hereby authorized and directed to sign said Agreement on behalf of the City of San Luis Obispo. Resolution No. 3179 (1976 Series) On motion of Councilman Gurnee seconded by Councilman Graham and on the following roll call vote: ' AYES: Councilmen Graham,.Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of November 1976. ATTEST: Cv�Cl erk Approved as to form: WENDT, MITCHELL, S NSHEIMER, de la MOTTE & LILL Y' city Attorney By Allen Grimes Approved as to content: City Administrative fficer CCOPEF:.A,TIO;v AG_.EEi�:E�''7!' This Agreement entered into this 16th day of _ November , 1976, by and between the Housing Authority of the City of San Luis Obispo (herein called the "Local Authorty') and the City of San Luis Obispo (herein called th i e " Iv'iunicipaliry'l, witne s seth: In consideration of the mutual cave nants,hereinafter set forth, the parties hereto do agree as follows: 1. Whenever used in this Agreement: (a) The term "Project" shall mean any 1,=w Tent housing hereafter developed as an entity by, the Local Authority with financial assistance of the United States of America (herein called the "Government'); excluding, however, any low -rent housing project covered by any contract for loans and annual - contributions entered into between the Local Authority and the Government, or its predecessor agencies, prior to the date of this Agreement. ('n) The term 'Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project), less the cost to the Local Authority of all dwelling and nonrwelling utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health, or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately 15o units of loan -rent housing and (b) to develop and administer. such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Project. 3_ (a) Under the constitution and statutes of the State of California, all Projects are exempt from all real and personal property taxes and special assessments levied or im= posed by any Taxing Body. With respect to any Project, so long as either (i) such Project is owned by a public body or governmental agency and is used for low -rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessment upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments to the Iv,unicipality (herein called 'Payments in Lieu of Taxes') in lieu of such taxes and special assessments and in payment for the Public services and facilities furnished from time to time without other cost oz charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount eoual to either (i) ten percent (10;� of the Shelter Rent c_ (ii) the amount permitted to be paid by applicable state law ir. effect on the date such payment is made, whichever amount is the lower. (c) No payment for any year shall be made to the Iviunicioality in excess of the amount_ of the real property taxes which would have been paid to lice Municipality for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to snake any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. ;.-� ...i'I, +- . L - _ ... .. . �V N "'N- r R .. . � rte. • : C� w ....v' yO +J Y r V The N:;:nicipality agrees that, subsequent to the date of initiation (as defined in the United States Housing Act of 1937, as amended) .of each Project and within five years after the compiction thereof,, or such further period as may be approved by the Gover- IIMEnt'here h-s been or will be elimination as certified by the Municipality, by demolition, condemnation, effective closing, or compulsory repair or improvement. of unsafe or insanitary dwelling units situated ti the locality or metropolitan area in wh,!ch such Project is located, substantially equal in number to the number of newly construct ed dwelling units provided by such project; Provided, that, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of units equal to the number of families accommodated therein; and Provided, further, that this paragraph 4 shall not apply in the case of (i) any Project. developed on the site of a Slum cleared subsequent to] uly 15, 1949, and that the dwelling units eliminated by the clearance of the site of such Project shall not be -counted as elimination for any other Project or any other low -rent housing project, or (ii) any Project located in a rural nonfarm area. 5. During the period commencing with the date. of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low -rent housing purposes, or (ii) any contract berNeen the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) anv bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the i:riunicipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments in Lieu of Taxes) shall: (a) Furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or. charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Pdunicipality may have in such vacated areas; and, in so far as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, in so far as it may be necessary, all public or private utility lines and equipment; (c) In so far as the Municipality may lawfully do so, (i) grant suc:: deviations from the building code of the Iviunicipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the develop- ment and protection of such Project and the surrounding territory; (d) Accept grants of easements necessary for the development of such Project; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such Project_ b. • In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Loral Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer rains in such dedicated areas, after the Local Authority, at its owr expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned) ; and ..- . `� r R r +J' -r..b. 1.�/:{, '�, .-w . h ..�'"r.� ' ��' �I� �' . r �'+�y.✓'��.5� V i?- .._;- :'.. ,. , .T � .... .• - / ,.- .+ .: w.. - .., ,'.r.. xt..`.' Y [Ny` . Vin:.': ^.; „V;�`l _ �:4�+dii} .,,,rci (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned).- 7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or .facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local.Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any.other low -rent housing projects owned or operated by the Local Authority. 8. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to'apply to any Project covered by this Agreement. 9. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to any Project during his tenure or for.one year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in any project, or any contracts in connection with such Projects or property. If any such governing body member or such other public . official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Local Authority. 10. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual contributions, or both, in connection with any Project remains in .force and effect; or so long as any bonds issued in connection with any Project or any monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low -rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or governmental agency,. including the Government, the provisions hereof shall inure to the benefit of and may be enforced by, such other public body or governmental agency, including the Government. '�+•i^~• ��tr•�.w ry.� .1~ •. �h_N-.'�LL p��'.4x �.',,;' �`�� ° -�..a• ..r ,y:..:....Y+ - �.:r"4 +.^^�^+:f'��. °"ta .�•w. IN WITNESS WHEREOF the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested to as of the day and year first above written. HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO B DA A A 119 Chairman ATTEST: Secretary Pro Tem ATTEST: �y Clerk Approved as to form: WENDT, MITCHELL, S de la MOTTE & LILL City Attorney By Allen Grimes By � OF SAN LUIS OBISPO - Kenneth E Schwartz Approved as to content: City Administrative OffIcer RESO'LUTION NO. 3178 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO APPLY TO CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR GRANT FUNDS FOR TRAFFIC SAFETY PROGRAM. WHEREAS, the San Luis Obispo Police Department desires to establish positions known as Traffic Safety Officers; and WHEREAS, California Office of Traffic Safety has indicated that funds may be made available to the City under Vehicle Code §2907 and Public Law 402..0 '(as amended by Sec. 91 -605) for such purposes. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That City Administrative Officer Richard D. Miller is authorized on-behalf of the City of San Luis Obispo to submit an: application for a:grant -to the California Office of Traffic Safety. BE IT FURTHER RESOLVED that the City agrees to provide matching funds as required for said program amounting to 50% of the total of the second year's funds as required by the California Office of Traffic Safety and that money will be appropriated as required thereby. BE IT FURTHER RESOLVED that grant funds received here- under will not be used to supplant on -going enforcement expenditures. On motion of Councilman Norris seconded by Councilman Graham and on the following roll call vote: R 3178 AYES: Councilmen Graham, Gurnee, Norris, Pe.tterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 16th day of. November_ 1976. ATTEST: Approved as to form: Approved as to content:. WENDT, MITCHELL, INSHEIMER, de la MOTTE & LILtEY City Attorney en ' City AdministrativN Officer Actirig Police Chief -WJML:PLMcE:bz`10 /18/76, RESOLUTION NO. 3177 A RESOLUTION CALLING FOR BIDS ON SALE OF IMPROVEMENT BONDS McMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo; San Luis Obispo County, California, that 1. The Clerk of said City be, and he is hereby, directed to call for bids for the sale of improvement bonds to be issued pur- suant to Resolution of Intention No. 3024, adopted by.this Board on April 5., 1976:. The.Notice of Sale, in form to be prepared by Wilson, Jones, Morton & Lynch, shall be given by the Clerk causing copies thereof to be mailed to the various banks and bond houses interested -in the purchase of such bonds at least ten days before the date of sale of said bonds. Said bids are to be received at 1::0o P.m. on December 14 197 6,, and will be referred to and considered by the City Council at its meeting on` -said day. 2. The City will furnish the legal opinion of the law firm of Wilson, Jones, Morton & Lynch, San Mateo, California,- .unquali-fiedly approving the legality of the proceedings and the issuance of said bonds. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City.of San Luis Obispo, California, at a meeting thereof held on the 16th day of November, 1976, by the following vote of the mem- b ers.thereof:on motion of Councilman Petterson, seconded by. Councilman Graham: AYES, Councilmembers: Graham, Gurnee, Norris, Petterson and:Mayor Schwartz NOES, Councilmembers: None ABSENT,.- Councilmembers: None of the City of San Luis Obispo RESOLUTION NO. :3176 0 WJML':PLMcE :K:.bz 11/10/76 A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF :BONDS McMILLAN SEWER ASSESSMENT DISTRICT RESOLVED,.by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS, this Council did on April 5, 1976, pass and adopt its Resolution of Preliminary Determination and of Intention No: 3024, relating to the acquisition and construction of public improvements in McMillan Sewer Assessment District under and pursuant to the. provisions of the Municipal.Improvement.Act of.1913, and did there- in provide that serial bonds would be issued thereunder pursuant to the provisions of the Improvement Bond Act of 1915 reference to said Resolution of Preliminary Determination and of Intention and the proceedings thereunder duly had and taken hereby being expressly made for further particulars; WHEREAS, notice of the recordation of the assessment and of the time within which assessments may be paid in cash has been duly published and mailed in the manner provided by law, and the time so provided for receiving payment of assessments in cash has expired, and a list.of all assessments which now remain unpaid has been filed with the City Treasurer; and' WHEREAS, this Council has duly considered said list and has determined that the same is an accurate statement thereof; NOW, THEREFORE, IT IS HEREBY ORDERED as follows: 1. That the assessments now remaining unpaid, and the aggre- gate thereof, are as shown on said list and on Exhibit "A," here- to attached and by reference made a part hereof.' 2. That for a particular description of the lots or parcels of land bearing the respective assessment numbers set forth..in said list, and upon which assessments remain unpaid, severally and respectively, reference is hereby made to the assessment and to the diagram recorded in the office of the Recorder of the County of R 3176 o San Luis Obispo, after confirmation by this Council, the several . lots or parcels of, land represented by said assessment numbers being so numbered and designated upon said diagram.and assessment as so confirmed.and recorded, severally and respectively. 3. That the unpaid list is in the amount of $58.619.87, and bonds shall be issued.upon the security of said unpaid assessments in said amount in accordance with the provisions of said Improve- ment Bond Act of,1915 (Division 10 of the Streets and - Highways Code), and under and pursuant to the provisions of said Resolution of Preliminary Determination and of Intention and the proceedings thereunder duly had and taken. Said bonds shall be dated January 2, 1977, be designated Series EE, be payable.at Bank of America National Trust and Savings Association, the Paying and Registration Agent of the City, at its principal office in San Francisco, California, bear interest from.their date to their respective dates of maturity at the rate of not to exceed eight percent (8 %) per annum, represented by coupons payable on January 2 and July 2 of each year, commencing on January 2, 1978, and the denomination of said bonds and their respective numbers and dates of maturity are as shown on Exhibit. "B" hereto attached and made a part hereof by reference. 4. Said bonds shall be issued in series, and the unpaid assess- ments as shown on said list and determined by this Council, together with the interest thereon, shall remain and constitute a trust fund for the redemption and payment of said bonds and of the interest which may be due thereon, which unpaid assessments shall be taxable in-annual series corresponding in number to the number of series of bonds issued, and an annual.proportion of each assessment shall be .payable in each year preceding the date of the maturity.for each of the several bonds issued, and such proportion of each assessment coming due in.-any year, together with the annual interest thereon, shall be payable in installments as the general taxes of the City on real property are payable, and shall become delinquent at the same time and in-the same proportionate amounts and bear the same proportionate penalties for delinquency. -2- o 5. The bonds shall be executed on behalf of the City and under its official seal by the City Treasurer and City Clerk,and the cou- pons attached to the bonds shall be executed by the.Treasurer whose signature may be reproduced on the bonds and coupons by engraved, printed, or lithographed facsimile thereof, and the official seal may be placed on the bonds in like manner; and such signing and sealing shall cons stitute and be a sufficient and binding execution of each and every one of said bonds and coupons thereof, respectively. Said bonds shall be substantially in the form set.forth in said Improvement Bond Act of.1915, except for such changes as.are neces- sary to conform to the provisions herein. 6. Registration of Bonds. Each of said bonds may be registered as to both principal and interest or as to principal alone, upon the written request of the holder and presentation of the bond to the Registration Agent for such purpose. (a) Principal and Interest. When a bond is presented for registrat -ion as to both principal and interest, the coupons shall be removed therefrom and canceled (or preserved in a place of safe- keeping, at the option of the Registration Agent),.and the number of the bond, the name and address of the holder in whose name it is to be registered, and the date of such registration shall be entered in 'the book of registered bonds required to be maintained by the Registration Agent, and a notation shall be made therein and on the back of the bond that registration is as to both principal and inter- est. Until.such, registration is discharged as hereinafter provided, the interest when due shall be payable only to the registered owner, and the principal when due shall be payable, only to such owner upon surrender of the bond to the Registration Agent. (b) Principal Only.. When a,bond is presented for regis- tration as to principal only, the number of the bond, the name and address of the holder in whose name it is to be registered, and.the date of such registration shall be entered in the book of registered bonds, and a notation shall be made therein and on the back of the bond that registration is as to principal only. In such case, the coupons remain negotiable, and transferable by delivery and shall not -3- P be removed from the bond. Interest on such bond shall be paid to whomever presents the coupons for payment; principal, however, shall be paid only to the registered owner upon surrender of such bond to the Registration Agent. (c) Transfer. A registered bond may be transferred only by the registered owner, in person or by attorney duly authorized, by a written instrument of transfer in form acceptable to the Registration Agent, and by the Registration Agent endorsing such transfer on the back of the bond and in the registry book. (d) Deregistration. A registered bond may be discharged from registration upon written request of the registered owner.. In such case, the Registration Agent shall transfer the bond.to bearer by appropriate endorsement on the back of the bond and in the registry book, cause all unmatured coupons that have been removed from the bond to be reattached to the bond (such.coupons to be reprinted, if necessary), and deliver the bond and coupons to the owner, and thereupon negotiability and transferability by delivery shall be restored. Until registered again, the principal of the bond and the interest thereon shall be payable when due to whomever surrenders the coupons and bond to the Registration Agent. (e) Reregistration. Deregi.stered bonds may be registered again in the manner heretofore provided. (f) Charges. The person requesting registration, trans- fer, or deregist ration shall pay any charges therefor, including any cost of reprinting the coupons. (g) Form of Registration Endorsement. There shall be pro- vided on the back of each bond a suitable statement to be signed by the Registration Agent indicating the date of registration or transfer, the type of registration,and the name and address of the registered owner. 7. The coupons shall be numbered consecutively and be sub- stantially in the following form, to wit: -4- The CITY OF SAN.LUIS OBISPO, California, will, on the due date hereof, unless the bond specified herein is redeemed prior thereto, pay to bearer the sum hereon at BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION., the Paying and Registration Agent of the City,.at its principal office in San Francisco, California, as interest on its IMPROVEMENT BOND designated McMILLAN SEWER ASSESS- MENT-DISTRICT, SERIES EE, dated January 2, 1977, bearing No. Treasurer, City of San Luis Obispo Due. 21 Coupon No. 8. On the basis of the facts, estimates, and circumstances now in existence and in existence on the date of issue of the bonds, as determined by the City Treasurer, the Treasurer is authorized to certify.t hat it is not.expected that the proceeds of the issue will be used in a manner that would cause such obligations to be arbitrage bonds. Such certification shall be delivered to the pur- chaser together with the bonds. 9. The City Clerk shall forward certified copies of this resolution to the City Treasurer and to the Auditor of the County of San Luis Obispo. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a.meeting thereof held on the 16th day of: November, 1976, by the following vote of the members thereof: on motion of Councilman Gurnee, seconded by Councilman__Petterson, AYES, Councilmembers; Graham, Gurnee,.Norrs, Petterson and Mayor Schwartz NOES, Councilmembers: None ABSENT, Councilmembers: None -5- Gler& o_ the City 0 San Luis Obispo. LIST OF UNPAID ASSESSMENTS McMILLAN SEWER ASSESSMENT DISTRICT Diagram and Assessment. Assessor's Amount of Number Parcel No. Unpaid Assessment la 53- 193 -07 $3,376.02 lb 53- 022 -25 $:,946.76 2 53- 022 -22 $6,093.03 3 53- 193 -06 $2,83157 4 53- 193 -04 $5,644.29 5 53- 201- 07(por.) $2,555.88 6 53- 201- 07(por.) $3,437.60 7 53- 201- 07(por.) $2,243.12 8 53- 201 -06 $1,456.24 9 53- 201 -05 $3,034.16 10 53- 201 -04 $2,486.21 11 53- 212 -06 $1,427.57 12 53- 212 -05 $2,247.99 13 53- 212- 09(por.) $3,809.93 13a 53- 212- 09(por.) $ 381.80 15 53- 212 -08 $3,232.55 16 53- 212 -10 $2,868.08 17 53- 202 -13 $1,507.45 19 53- 202 -14 $2,243.12 20 53- 202 -04 $3,982.97 21 53- 202 -06 $13556.48 23 53- 202 -09 $1,257.`05 . $58;619.87 EXHIBIT "A" McMILLAN SEWER ASSESSMENT DISTRICT .$58_,619.87 Improvement Bonds Series EE Bond Numbers Principal Maturity Date (Inclusive) Amount (July 2) 1 $ 619.87 1978 2 - 3 2,000.00 1979 4 - 6 3,000.00 1980 7 - 9 3,000.00 1981 10 - 12 3,000.00 1982 13 - 15 3,000.00 1983 16 - 18 3,000.00 1984 19 - 22 4,000.00 1985 23 - 26 4,000.00 1986 27 - 30 4,000.00 1987 31 - 35 5,000.00 1988 36 - 40 5,000.00 1989 41 - 46 6,000.00 1990 47 - 52 6,000.00 1991 53 - 59 7,000.00 1992 Denomination:.. Bond No. 1 is $619.87; Bonds numbered 2 to. 59, inclusive, are $1,000 each. EXHIBIT "B" W,JMT,:PT.McE:bz 10/29/76 i RESOLUTION N0. 3175 A RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENT] ?NCE AND NECESSITY REQUIRE PROPOSED ACQUISITIONS AND IMPROVEMhNTS McMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS, on the 5th day of April; 1976, said Council, in accordance with and pursuant to the Municipal Improvement Act of 1913 and Section 19 or Article XVI of the'State Constitution, adopted its Resolution No. 3024 of Preliminary Determination and of Intention, wherein it did preliminarily determine that the public convenience and necessity require certain acquisitions and improvements therein described in general terms; I%THEREAS, Said Council thereupon appointed Monday, the 4th day of October, 1976, at the hour of 7:00 p.m. of said day, in the regular meeting.place of said Council,-Council Chambers, City Hall, San Luis Obispo, California, as the time and place when and where any and all persons interested could appear and show cause why the Council should.not find and determine that the public convenience and necessity require the proposed acquisitions and improvements without complying with Section 2800 and following of the Streets .and.Highways Code of the State of California; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed, and published in the time, form, and manner required by said Act as evidenced by the certificates and affidavits on file with the City Clerk; WHEREAS, said hearing was duly and regularly held at the time and place advertised in said notices, no persons in appeared and showed cause why the Council should not make the findings and determinations hereinafter set forth, documentary and oral testimony on the question of public convenience and neces- sity was duly introduced and fully heard and considered by the R 3175 .M"', W^��..�r4:Z .Y^•y .•..; sw:..��.� ` `'.i�7►�- iJ�vl,� .e L"'+r' +t'�+f.r . y�('.. i.,' pM�. i�, .:r+ri"':�d"'P','Y'�ry..a-rEy.� -{• t �B council, -and all pe-r.sons interested desiring to be heard were given an opportunity to be heard, :ind all matters and things per- taining to said question of public convenience and necessity were submitted and fully heard and considered by said Council, and said Council has acquired jurisdiction to order said acquisitions and improvements and the confirmation of said.diagram and assessment to pay the costs and expenses thereof; NOW, ' THEREFORE, said Council does hereby FIND., DETP,,R14INE, and ORDER, that the public convenience and necessity require the pro- posed acquisitions and improvements as generally described in said Resolution No. 3024,and Section 2300 and following of the Streets and Highways Code of the State of California shall not apply. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 16th day of November, 1976, by the following vote of the members thereof: on motion of Councilman Graham, seconded by Councilman Gurnee AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None itv Gie -2- I ' Oe Ci y o_f Luis Obispo '�iJigwfl�°`•" 5- F�.+r'+�5,;:� C.-� ,.�``Fd'•'.'`aik'i�.�'l -- ti.:- sr"'K^ ��i9�:.- rbay,, � q�n~': h`e%�.•s. � °Z_ �•.r�ym �✓'$4' ' - '�'VS�.K .�.��R.��. v ;f„�ID"p•�!�i�,5�r_'/`jf • f n. -, f- .Y"?".; , r a1J'C.lf'hi t,v�..,...• 1 ^'.�}�.•.•r.I 'i.fh K• M`�bd` , ri+'!r i' RE:,O. . T10N -N0,. 3174 (19 76 Serie,. ' A RES6i UTION OF THE COUNCIL. OF THE 'CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND EDISON A. FRENCH AND FRANCES A FRENCH FOR CITY ACQUISITION OF PROPERTY AT SANTA ROSA AND HIGUERA STREETS. BE IT RESOLVED by the Council of the City of San Luis Obispo as .follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk,. between the City and Edison A. French and Frances A. French, Right of Way Contract for Project No. 1067, Santa Rosa and Higuera Streets, is hereby approved and the Mayor is authorized to execute same.. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Safeco Title Company. On motion of Councilman Graham , seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 3rd of November 1976 ATTEST day R 3174 C' y C erk C RESOLUTION NO. 31.73 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A PASSENGER LOADING SPACE," ON THE WESTERLY SIDE OF COURT STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A passenger loadingspace is hereby designated on the westerly side of Court Street located approximately sixty feet (60') northerly of the North line of Higuera Street. On motion of Councilman Gurnee seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Pett_erson and Mayor Schwartz NOES. None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October , 1976. ATTEST: Cit . I C, r k Approved as to form: WENDT, Approved as to content: MITCHELL; SINS IMER, de la MOTTE & LILLEY�City Attorney i � V #- _ City Administrative'OffbQ ei By Allen Grimes City E, ng� neer R 3173 RESOLUTION NO: 3172 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REMOVING A HANDICAPPED PARKING SPACE FROM LOT NO. 2. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The handicapped parking space located in Parking Lot No. 2 behind 1127 Garden Street is to be-remarked as a two -hour metered parking space. On motion of Councilman Gurnee. , seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day Of October 1976. ATTEST: C C�1 e'rk Approved as to orin: WENDT, MITCHELL, SINS IMER, de la MOTTE & LILLEY City Attorney IA�1 %. By Allen Grimes Approved as to content: City Administrative.0 ficer 'City er R 3172 RE OLUTION NO. 3171 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE 1976/77 ESTIMATED REVENUES AND APPROPRIATIONS OF THE PARKING FUND. BE IT RESOLVED by the Council of the City of San Luis Obispo that.the estimated revenues and the appropriations of the Parking Fund be increased as follows to provide for the 1976/77 lease payments on Parking Lot #1'3 (Osos and Palm) and the expected revenues to be received from parking space rentals: Account No. Description Budget Amount (50) 51- 6806 -060 Bldg. and Property Rent $2,400. DR 51- 0210 -000 Estimated Revenues Increase 4,700. DR 51- 0510 -000 Appropriations Increase 214001 CR 51- 0600 -000 Unappropriated Balance 2,300. CR On motion of Councilman Petterson seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October 1976. ATTEST: Approved as to content: City Administrative 0 er 4=�7�4 . � 'e�' ,TFinafi-de Di R 3171 i C / t Approved as to content: City Administrative 0 er 4=�7�4 . � 'e�' ,TFinafi-de Di R 3171 RESOLUTION NO. 3170 (1976 Series) A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE 1976/77 PARKING FUND APPROPRIATIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo that the 1976/77 appropriations of the Parking Fund are increased as follows to provide landscaping improvements to Parking Lot #13 (Osos & Palm St.). Account No. Description Budget Amount (50) 51- 6861 -628 Lot #13 Landscaping $5,900.00 DR 51- 0510 =000 Appropriation Increase 5,900.00 CR 51- 0600 -000 Unappropriated Balance 5,900.00 DR On motion of Councilman Petterson seconded by Councilman Gurnee , and on the'following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October , 1976. ATTEST: Approved as to content: City Administrative 0 cer finance Direct R 3170 1) 6 i RESOLUTION NO. 3169 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE 1976/77 BUSINESS IMPROVEMENT AREA FUND APPROPRIATIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo that the 1976/77 appropriations of the Business Improvement Area Fund are increased as follows to provide for the construction and improvement of Parking Lot #13 (Oros & Palm St.). Account No. Description Budget Amount (05)-15-6861-628 Lot #13 Construction $11,500.00 DR 15- 0510 -000 Appropriation Increase 11,500.00 CR 15- 0600 -000 Unappropriated Balance 11,500.00 DR On motion of Councilman Petterson , seconded by Councilman Gurnee and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson, and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October 1976. ATTEST: C' e c' Approved as to content: City Administrative axi er - i r R 3169 RESOLUTION NO. 3168 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR AND AUTHORIZING TRANSFERS OF FUNDS. A. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriations accounts are increased to provide for a contract study of parking and traffic circulation within the central business district of the City. 1. General Fund Account No. Description Budget Amount (40) 01- 2513 -904 Special Planning Studies $1,000. DR (05) 01- 3999 -000 Contingency Account 1,000. CR 2. Capital Improvements Fund (40) 40- 2580 -914 Central Business Dist. Study 14,500. DR 40- 0510 -000 Appropriations Increase 14,500. CR 40- 0600 -000 Unappropriated Balance 14,500. DR B. BE IT FURTHER RESOLVED that the following transfers of funds are authorized to provide for the above study. 1. That $5,000. be transferred from the Parking Fund to the Capital Improvements Fund. 2. That $9,500. be transferred from the General Reserve to the Capital Improvements Fund. R 3168 'Resolution No. 31rd 0 (1976 Series) On motion of Councilman Petterson seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October , 1976. ATTEST: X . Approved as to content: City Administrative Of cer Finance Di c RESOLUTION NO. 3.167 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR AND AUTHORIZING TRANSFERS OF FUNDS. 1. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following General Fund Appropriation accounts are increased to provide for increased liability insurance premiums and claims expense for the 1976/77 fiscal year: Account No. Description: Budget Amount (05) 01- 3209 -123 Liability Insurance $77,600.00 DR (05) 01- 3214 -400 Uninsured Damage Awards 6,900.00 DR 84,500.00 2. BE IT FURTHER RESOLVED that the following transfer of funds from the General Reserve Account is authorized to provide for the above appropriations increase: Account No. Description " Budget Amount 01- 0410 -000 General Reserve Account $84,500.00 DR 01- 0510 -000 General Fund Appropriations 84,500.00 CR On motion of Councilman Petterson seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October 1976. ATTEST: I / i Approved as to content: City Administrative ficer Finance irector R 3167 RESOLUTION NO. 316.6 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND HAROLD L. WU AND SYLVIA C. WU FOR SANTA ROSA STREET WIDENING PROPERTY ACQUISITION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and Harold L. Wu and Sylvia C. Wu for Santa Rosa.Street widening property acquisition is hereby approved and the Mayor is authorized to execute same. 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. On motion of Councilman Petterson seconded by Councilman Gurnee and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October , 19 76. ATTEST: erk R 3166 RESOLUTION NO. .3165 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL IMPROVEMENT APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR AND AUTHORIZING A TRANSFER OF FUNDS. A. BE IT RESOLVED by Ahe Council of the City of San Luis Obispo that the following appropriation account is established to provide for the purchase of real property located at 630 Monterey Street'. Account No.. Description Budget Amount. (40) 40- 3360 -506 Monterey St. Property Acquisition $80,000. DR B. BE IT FURTHER RESOLVED that the following transfers of funds are authorized to provide for the above purchase. 1. That $21,500 be transferred from the Community Promotion Facilities Reserve to the Capital Improvement Fund Appropriation Account. 2. That $58,250 be transferred from the Capital Improvement Unallocated Reserves to the Capital Improvement Fund Appropriation Account. On motion of Councilman Petterson seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Graham,.Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adop d this 26th day.of October , 1976. F/ ATTEST: r Approved as to content: City Administrative Okfic er Finance Director 83165 1 RESOLUTION NO. 3164 (1976 Series) A RESOLUTION OF THE COUNCIL OF "THE CITY OF SAN LUIS OBISPO FINDING AND DECLARING THE NECESSITY FOR ACQUISITION OF PRIVATE PROPERTY AT,'630..MONTEREY STREET, SAN LUIS OBISPO, CALIFORNIA BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: It finds and determines and hereby declares that the public interest and necessity require the acquisition,, construction and completion by the City of a-public improvement, to wit: A Public Parking Lot at 630 24onterep Street,• and further that in connection therewith, the acquisition of -title in the real property described in Appendix A attached hereto'as described therein as necessary therefor. Said proposed publ•ic:;improvementjs planned and located in the manner which will be most compatible with the greatest public good, and the least private, :inj.ury .; , The City Council shall acquire in the'name of. the City the .said interest in real property by purchase for the sum of Seventy- Six Thousand Two Hundred Forty Dollars ($ "76,240.00). In addition to said sum, the City shall pay,the costs of the transaction tax on the deed as well as escrow charges. The Mayor is hereby authorized and directed to sign all documents in behalf of the City which are necessary or desirable to conclude the purchase agreement.as described herein. On motion of Councilman Petterson seconded by Councilman Gurnee and on -the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris R3164 the foregoing - Resolution was passed and adopted this 26th day of October 1976. ATTEST: C" "Clerk Approved as to form: WENDT, MITGHELL,.SINSHEIAIER,. de la MOTTE & LILLEY City Attorney By Dale, C. %'.Kitchell hck 10/6/76- Approved -as to content: City Administrati . Officer That part of Lot 3 in Block 9 as shown on Harris and Ward's Map of the of San City of San Luis Obispo, in the city of San Luis Obioun as follows: Luis Obispo. State of California, more particularly described Beginning at a point on the Northerly line of Monterey Street, 123 feet 7 inches 'Northeasterly from the Easterly line of Nipomo Street; thence along the Northerly line of Monterey Street, in a Northeasterly direction 91 feet; thence North 36 °22' West, 179 feet to the most Easterly corner of the property conveyed to George Y. Hampton and Frances R. Hampton, husband and wife as Joint .Tenants by deed dated August 19, 1944 and recorded August-99 1944 in Book M. Page 56 of Official Records; thence Southwesterly along the Southeasterly line of the property so conveyed and parallel with the Southeasterly line of Palm Street, 45 feet; thence: at right angles Northwesterly and parallel with the.Northeasterly line of said Lot 39 100 feet to the Southeasterly line of Palm Street, said point being the most Westerly corner of the property conveyed to George V. Hampton, et ux.; thence South 53 038' West along the Southeasterly line of Palm Street, 46 feet to the most Westerly corner of said Lot 3; thence South 36°22' East along the Southwesterly line of said Lot, 3, 280 feet to the point of beginning. APPENDIX A PURCHASE AGREEMENT THIS AGREEMENT, made and entered into in the City of San Luis Obispo, California, County of San Luis Obispo, State of California., this ?6th day of _ October , 1976, by and between the City of San Luis Obispo, referred to herein as "City" and LOR:4AR, a Joint Venture, composed of JOHN KUDEN, MARILYN KUDEN,.JOSEPH ADAMSKI and LORETTA ADAMSKI, referred to herein as "Owners ". W I T N E S S E T H;: WHEREAS, Owners have title to that certain parcel of real pro- perty hereinafter described, and WHEREAS,.City.desires to purchase said parcel of real property for municipal purposes, NOW, THEREFORE, the parties.hereto mutually agree as follows: 1. In consideration of the covenants, promises, and agreements contained herein, Owners hereby agree to sell and City hereby agrees to buy that certain real property together with any improvements located thereon, situate in the. City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: That part of Lot 3 in Block 9, as shown on Harris and ward's :dap of the City of San Luis Obispo, in the City of San Luis.Obispo, County of San Luis Obispo,.State of California, more particularly described as follows: Beginning at a point on the Northerly line of Monterey: Street, 123 feet 7 inches Northeasterly from the Easterly line of.Nipomo Street; thence along the Northerly line of Monterey Street, in a Northeasterly direction 91 feet; thence North 36022' West, 179 feet to the most Easterly corner of the property conveyed to George V. Hampton and Frances R. Hampton, husband and wife as joint Tenants, by deed dated August 1, 1944 and recorded August 9, 1944 in Book 369, at page. 56 of Official Records; thence. Southwesterly along the Southeasterly line of the property so conveyed.and parallel with the Southeasterly line of Palm Street, me .o 45 feet; thence at right angles Northwesterly and Parallel with the Northeasterly line of said Lot 3, 100 feet to the Southeasterly line of Palm Street, said point.being the most [Westerly corner of the property conveyed to George V. Hampton, et ux.; thence South 53032' West along the Southeasterly line of Palm Street, 46 feet to the most Westerly corner of said Lot 1; thence South 36022 East along the Southwesterly line of said Lot 3, 280 feet to the point of beginning. 2. The purchase Price to be paid by the City to Owners shall be the sum of Seventy -Six Thousand Two Hundred Forty Dollars ($76,240.00), subject to the terms and conditions hereinafter stated. 3. City agrees to deposit in escrow with the Title Insurance and Trust Company the purchase price as follows: The full amount in cash within thirty (30) days after the date on which a properly executed Grant Deed is deposited in-escrow with Title Insurance and Trust Company conveying fee title to the City and on condition that the City has approved the condition of title. (A) . Owners agree to place an executed deed in escrow within fifteen (15) days after the date on which escrow is opened. The escrow shall close five (5) days after deposit of cash by.City as set forth above. (B) This agreement constitutes escrow.instructions of both Owners and City, subjectto further written instructions by mutual consent of both parties. 4. 'Title shall be free and clear of all liens, encumbrances, leases (recorded or unrecorded), easements, restrictions, rights and condit -ions of record or known to Owners, other than the following, as evidenced by Standard California Land Title Association Policy of Title Insurance, issued at City's expense. -2- (A) 1.. 1976 -77 City and County property taxes. 2. Convenants, conditions and restrictions of record. 3. Easements of record. 5. City agrees to pay the costs of transaction tax on deed. Owners further agree to pay the.total amount of any and all bonds or assessments outstanding as liens on the real property herein. Escrow charges shall be paid by the City. If owners fail_to deliver title as provided herein, City may at its option, terminate this agreement and 'recover any consideration paid into escrow. 6. Owners shall pay the property taxes due as prorated at the close of escrow. Premiums on insurance, if acceptable to City, and rents, interest and any other items of income or expense shall be prorated at close of escrow. 7. Possession shall be delivered to City and.title shall vest in City on close of escrow. Actual title shall vest in the name of the City of San Luis Obispo. S. Should the property itself or any improvements thereon be destroyed or materially damaged prior to the closing of escrow, City at its option and in conjunction with Owners, shall prorate -3- .any reimbursement for damages, received as a result of an insur- ance claim. 9. City agrees not to .use this agreement as evidence in -.any litigation concerning value of the subject properties while title.,, vests in the Owners. Negotiations underlying and preceding this agreement were undertaken as an alterantive to acquisition of the subject properties by emi:nent.domain proceedings. 10. Owners shall not encumber the property,i•n any manner what - soever during the term of this Agreement without the City's prior written consent. 11. Time is of the essence of this agreement. 12. Should any dispute arise from the partill'es hereto concerning any of the terms or provisions of this agreement and litigation arise therefrom, the successful party in such litigation shall be entitled to recover reasonable attorney's fees and court costs. IN WITNESS WHEREOF, the .parties hereto havelexecuted this in- strument on the day and year above state . CITY By: K N ATTEST: LORMAR,, a Joint Venture v RILY KUDEN /JOSE'PH ADA.MSKI �LORETTA ADA_MSKI SAN LUIS OBISPO H E. CI r RESOLUTION NO. 3163 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN;LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation accounts are increased to provide funding for an increase in permanent Fire Department personnel (Mechanic I). Account.No. Description Budget Amount (85) 01- 4101 -001 Fire Department Salaries $6,700. DR (05) 01- 3999 -000 Contingency Appropriation 6,700. CR On motion of Councilman Petterson seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October , 1976. ATTEST: Approved as to content: City Administrative O 'cer Finance ctor R 3163 C RESOLUTION NO. 3162 (1976 . Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP 76 -390 (IMPERIAL SAVINGS, APPLICANT; 47 SANTA ROSA ST.) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby makes the following findings concerning Parcel Map 76 -390 (Imperial Savings, Applicant; 47 Santa Rosa Street): a. The proposed parcel map and design are consistent with the General Plan. b. The site is physically suited for the proposed type and density of development permitted in the R -1 zone. c. The design is not likely to cause substantial environmental damage, or cause serious public health problems. d. The design of the proposed subdivision will not conflict with public easements for access through, or use of, proposed subdivisions. 2. Tentative approval of Parcel Map 76 -390 is based upon the following conditions: a. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. b. Subdivider shall dedicate to the City a 10 foot easement centered on the storm drain running near the northerly property line of Parcels A and B. Said easement shall be noted on final Parcel Map. c. Subdivider shall dedicate a 20 foot radius at corner of Santa Rosa Street and Meinecke Avenue to the City. Said dedication shall be noted on final Parcel Map.- d. Subdivider shall install curb, gutter, sidewalk on Santa Rosa and Meinecke frontages, and one half street on Meinecke, and street pave -out as necessary on Santa Rosa Street to City standards and approval. Utility connections shall be stubbed out to each Parcel prior to street paving being installed. e. Subdivider shall reimburse the City for a share oflthe sewer line fronting property in the amount of $1,755.27. f. Subdivider shall pay water connection fees at the time the Parcels are developed. g. All buildings are to be placed above the 100 year flood level. R 3162 Resolution No. 3162", (i976-Series) 3. This Council hereby approves the tentative map for Parcel Map 76 -390. On motion of Councilman Pettersor� seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th 'day of October , 1976. ATTEST: Clerk Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE, $ LILLEY, ity Attorney /0'l r t by Allen Grimes Approved as to content: City Administrative 0 icer t Engi eer RESOLUTION NO. 3161 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP 76 -292 (PACIFIC ENGINEERS & SURVEYORS, APPLICANT'S REPRESENTATIVE, 1550 and 1590 LIZZIE STREET). BE IT RESOLVED b the Council of the City of San Luis Obis' o as Y Y P follows: 1. This Council hereby makes the following findings concerning Parcel Map 76 -292 (Pacific Engineers $ Surveyors, Applicant's Represen- tative; 1550 and 1590 Lizzie Street). a. The proposed parcel map and design are consistent with the General Plan. b. The site is physically suited for the proposed type and density of development permitted by the R -1 zone. c. The design is not likely to cause substantial environment damage, or cause serious public health problems. d. The design of the proposed subdivision will not conflict with public easements for access through, or use of, proposed subdivision.) 2. Tentative approval of Parcel Map 76 -292 is based upon the following conditions: a. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. b. The length of lot line between Parcel 1 and Parcel 2 shall be 202 feet, not 212 feet as noted on Tentative Parcel Map. 3. This Council hereby approves the tentative map for Parcel Map 76 -292. On motion of Councilman Petterson seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Norris The foregoing Resolution was passed and adopted this26th day of October , 1976. Resolution No. 316,-' ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE & LILLEY, City Attorney By Allen Grimes '�D 1 (1976 Series) Approved as t'o content: ft City A ministrative ficer Co unity Deve opme t Director City Engineer f i RESOLUTION NO. 3160 (1976.Series) i i A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND LINNAEA PHILLIPS FOR COORDINATION OF MISSION PLAZA EVENTS., BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain.agreemen.t; a copy of which is.on file in the office of the City Clerk, between the City.and.;LINNAEA PHILLIPS for coordination of Mission Plaza Events from July 1, 1976 to June 30, 1977, i is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution - together with a copy of the agreement approved by it to: i On motion of Councilman Graham ,, seconded by Councilman Petterson and on the following ,roll call vote: i AYES: Councilmen Graham, Gurnee, Petterson and Mayor' Schwartz NOES: None ABSENT: Councilman Norris the foregoing Resolution was passed and adopted this 26th day of October I 1976 . ATTEST: ���.� n2 ."�a., *';.� ^'f9 �:' .:. J.,••, �'..`�y�' }yx.'.F, i^'..' �o '' Y�- ,..r.. �: i.'".,: 'ti"` .. .�ye.�.�:"r, ice'_ �... `'� •.a w-� �., :.`r;.. 9. .r�_..hM ... v ef 4e-- AGREEMENT This Agreement, dated as of July 1, 1976, for the conven- ience of the parties, is by and between the CITY OF SAN LUIS OBISPO (hereinafter referred to as "City "), and LINNAEA PHILLIPS (hereinafter referred to as "Contractor "). WITNESSETH: WHEREAS, City desires to promote Mission Plaza as a community recreational area; and WHEREAS, the coordination and development of cultural and recreational events in Mission Plaza is a desirable asset to the City of San Luis Obispo; and WHEREAS, Linnaea Phillips is qualified to carry out such activities on behalf of the City; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided; NOW, THEREFORE, City and Coordinator, for and in con- sideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. The term of this Agreement shall be from July 1, 1976 to June 30, 1977, subject to earlier termination by either party as otherwise provided herein. 2. Coordinator will perform duties as set forth in Exhibit "A ", attached hereto, dated August 10, 1976. 3. Notwithstanding the wording of Exhibit "A" or any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Co- ordinator, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. The City's Promotional Coordinating Committee shall provide broad general guidance, and Coordinator shall be expected to use initiative and discretion in performing the details of her work. The records required to be kept by LP:ktm 8/10/76 1 .•�'.����h•rJ ...��•yl•,_r 'Y;i j�'n'��R.�. r,y.. r''a°'J•..•�� a•Y,.` -r: r�r..i"'�. ..( v"wt�•i� -.: :n:` � � 'e/' .�.� � `�;. '`lC r �` •-^,. ". �.1 •r a �- •`a°^' lF ��. .� J'���� �. a.'tw� t a Coordinator under this agreement are solely to provide City with criteria for evaluating the over -all value of this and possible subsequent contracts, and not as details to establish performance or non - performance by Coordinator. 4. Coordinator will provide monthly reports to the City's Promotional Coordinating Committee detailing events, coming events and expenditures. , 5. Coordinator will work no less than twenty (20) hours each week. ;GP 6 Two Hundred Twenty Dollars ($220.00)' City agrees to pay Coordinator ($ per month. Three Hundred Sixty Dollars L�f' 7. An initial expense allowance of :V0X#1VAA4hj'0yl/1DWX ($360.00) will be provided by City to facilitate phone instal- lation and payments and to provide office supplies as needed. Itemized bills will be presented monthly to the Promotional Coordinating Committee. 8. City agrees to allow Coordinator the use of the Murray Adobe for office use. Said office shall be open twenty hours per week as announced to allow public access to museum displays and office. No sales will be made at the Adobe. 9. Either party may terminate this agreement prior to its normal expiration by mailing a notice of termination by certified mail to the other party as the respective addresses as follows: City: City Clerk City of San Luis Obispo P. O. Box 321 San Luis Obispo, CA 93406 Coordinator: Linnaea Phillips 676 Pismo Street San Luis Obispo, CA 93401 The agreement shall be terminated thirty (30) days after the mailing of such notice, or sooner if the parties so agree in writing. Obligations due and payable on the termination date shall be calculated pro -rata based upon the calendar days in the month. LP:ktm rev 89/28% 66 Page 2 '� a -.0 Y` �.`` >•Ft... i.n .,4 �ry M.1A h�^^r. � 4ti,G Y... �•v .u. "M � ,ti..,�v, ..�/,?^fI'�r, �;'f:Y. r� ,*' .f,;•.- • �"h; i. R'�'.,,. _ -� •. y ±.yCJ .,r � by Y j^• T%f, v.. • \'m f:.�!"•f,.".'� \ \// s ��. �.• , \.TY.�.l.� .�y� f MISSION PLAZA EVENTS COORDINATOR Linnaea Phillips Approved as to form: Approved as to content: DAVIS, WENDT, MITCHELL & SINSHEIMER, City Attorney By Allen Grimes City Administrat e Officer Finance for "d� /' d..,) Promotiofial Coordinating Committee Chairman LP:ktm 8/10/76 Page 3 SS'�.d A� CJ".., �.:Y �. ai :. "'. ". ,�.,"' �.:' —`a. �1 �. �.'. �,. ...��' ^•� ... ry..... .: �.. ^�� �H:^ ,�; •,,'�,, _�'Sr,.r�'m a`^ I � i �f ^}1.� "� �d: t'y,�. �' f 5'; ': ai`-"x.,,e ^� `�r. �t '"...V:."''.`,. '�„�"' "``ti ^til'i�`.. +4..''�V,. {.+%. ;to � .i. A c: t ,N ^':. � l.w; ^. '.•�.,'"'ntT?�'.A•.a < MISSION PLAZA EVENTS COORDINATOR Goals of the Coordinator: To investigate and, where possible, develop new possibilities for events in Mission Plaza, including, but not limited to: May Day Old Fashioned Fourth of July October Fest Christmas in the Plaza To develop a group of smaller events with cross - section interest; To develop the Murray Adobe as display space; To develop a summer evening film series in amphitheatre; To develop evening concerts and dances in the Plaza. Duties of the Coordinator: To write, produce and distribute news releases, stories and utilize personal contacts with the new media to publicize events in the Plaza; To coordinate and develop local events and activities which will: Improve the quality of life in the community; Attract visitors; Increase local and area participation in both new and existing events; To attend meetings of the Promotional Coordinating Committee as requested; To maintain liaison with various community groups and individuals who can provide information, exhibits, etc. for use in the Plaza. LP:ktm 8/10/76 Exhibit "A" r f RESOLUTION NO. 3159 (1976 Series) FILE A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WILBUR SMITH & ASSOCIATES FOR ENGINEERING SERVICES RELATIVE TO DOWNTOWN PARKING NEEDS AND CIRCULATION STUDY. I BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: COPY 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City.and WILBUR SMITH & ASSOCIATES, for professional engineering services relative to downtown parking needs.andl.circulation study is hereby approved and the Mayor is authorized to.execute.same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Wilbur Smith & Associates, and the City Engineer. On motion of Councilman Norris Graham seconded by Councilman and on the following roll call vote.:' AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee i the foregoing Resolution was passed and adopted this 12th day of October 19 76, ATTEST: Ci 71 EFrR' Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE & LILLEY, INC. City Attorney By Allen Grimes R 3159 /J Rk...,�UTION NO. 3158 (1976 Ser ;, A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS.OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BILL'S AUTO WRECKING FOR ABANDONED VEHICLE REMOVAL. BE IT RESOLVED by.the Council of the City of San Luis Obispo as follows: 1'. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and Bill's Auto Wrecking for abandoned vehicle removal through June 30, 1979, is hereby . approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Bill's Auto Wrecking and the Police Department.. On motion of Councilman Petterson seconded by Councilman Graham and on the following roll call vote- AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this of October , 19 76,. ATTEST: C' rk Approved as to form: WENDT, MITCH LL, SINSHEIMER, DE LA MOTTE J ILLEY, INC. City Attorne 1 By Allen Grimes 5th day R 3158 A,'S`�ir'ti>,. ✓,yy-V roJ ...•d, wr Y1,;.• ..l '.!' •,� . aF r. °`yti' •+tw yw -.. ;: w ;.'r qh:: . ` : ♦ r . - _.: ,• .J- . ,+�; • • ,��T V / - / ,. R _ - L 7 AGREEMENT This Agreement, dated October 5, 1976, for the convenience of the parties, is by and between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City ", and BILL'S AUTO WRECKING, P.O. Box 387, Oceano, California, hereinafter referred to as "Contractor ". WITNESSETH: WHEREAS, the Contractor is willing to haul away and lawfully dispose of any and all motor vehicles abandoned within the City during the next three (3) fiscal years; and WHEREAS, the City is desirous of having all of said abandoned motor vehicles regularly collected, hauled away and disposed of, NOW, THEREFORE, the Contractor and City agree as follows: 1. Contractor will furnish the necessary personnel and equipment to pick up, tow away and lawfully dispose of all motor vehicles abandoned, irrespective of value., in the City; as designated by the Chief of Police of said City. During the period of this,contract, Contractor shall be City's exclusive agent for disposal of such vehicles. 2. Contractor shall pay for the services of the drivers of the tow trucks as well as the wages and salaries of all per- sonnel otherwise engaged in the services contemplated by this Agreement and shall bear all expenses of maintenance and operation of the trucks and other required equipment. 3. Contractor shall, during the performance of the work contemplated by this Agreement, comply with all applicable statutes of the State of California and ordinances of the County of San Luis Obispo and City of San Luis.Obispo including but-not limited to those provisions set forth in the State Motor Vehicle and Labor Codes. 4. Contractor shall take out and maintain during the duration of this Agreement, in addition to such other insurance as may be required by law, a policy.of comprehensive garage liability insurance ktm 9/20/76 .,. �..- n inn 1^e •.lam J y.,� roY�'fiy. "���. ,�+.�r.:Y%i".i \•Y. "rr .��r ;`'\.,Y't" _ `.iT• •'`.:e w�.,� "sM�Yd'w.`f'.':�.ji` Y-'D �w.�':J.�� ",�1��,y `r�.:•' -acy. .i! .*r \. - ti .�, -.[ .�•v`a t,.,. vA;�.� _ .u.' including Garage Keeper's Legal Liability. Said insurance shall be in an amount not less than $100,000/$300,000 public liability and not less than $25,000 for property damage. Concurrently with the execution of this agreement, Contractor shall furnish the City a certificate evidencing all required insurance coverage and naming the City of San Luis Obispo, its elective and appointive boards, officers, agents, employees, and any subcontractors in the performance of work for the City as additional named insured parties. Said certificate shall also.state that ten (10) days prior notice shall be given to the City of any reduction in in- surance coverage or of cancellation of all or any portion of said insurance. 5. It is understood and agreed that the City shall incur no charge or expense for any abandoned motor vehicles picked up and hauled away by Contractor at the direction of the Chief of Police of said City or his designated representative during the period of this Agreement. 6. In addition to such other records as are required by law, the Contractor must agree to keep in such form as the Chief of Police may prescribe, and written in ink or indelible pencil, a daily record of all motor vehicles picked up at the direction of the City, an accurate description of each such vehicle and the time and place said vehicle was picked up. The records shall at all reasonable times be open to the inspection of any police of -'.:'. ficial or any person duly authorized in writing for such purposes by the Chief of Police. Once each month, a copy of the cumulative monthly record required to be kept for the City shall be submitted to the City Clerk. Contractor shall also include in such record any payments made to Contractor by the owners of such towed vehicles. Said towing charges to private parties reclaiming abandoned vehicles shall be no charge (0) per vehicle.. Such abandoned vehicles shall also be subject to a storage charge Vehicles claimed by owners shall be towed, with no charge to parties wh< See bid letter, marked Exhibit "A ", ktm 9/20/76 rev. 9/30/76 of not to exceed $0.00 per day. returned to addressfrom which > wish to.reclaim their vehicle. and attached hereto. Page 2 f • ! 7. This Agreement shall be in effect from October.12, 1976, through June 30, 1979. Neither this Agreement nor any part thereof may be assigned or transferred without the approval of the City Council. 8. In the event that Contractor at any time during the term of this Agreement fails to carry out the work that is to be performed in accordance with the terms and conditions herein set forth, City may at its option terminate and cancel this Agreement. 9. For purposes of notices under this Agreement, all notices shall be considered effective upon being sent by certified U. S. mail to the following addressed: CITY: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 CONTRACTOR: Bill's Auto Wrecking Highway 1 Nipomo Mesa P. 0. Box 387 Oceano, CA 93445 IT WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR B �iY� —CAL !/Title: gill Arnold OUIner OF SAN LUIS ATTEST: m1yor y Perk Approved as to content: Approved as to fo WENDT, MITCHELL, NSHEIMER, DE LA MOTTE & LIL Y, INC. City Attorney City Administrative O icer T By Allen Grimes / C % Police h' f � ktm 9/20/76 Page 3 .V ',.ni�.,� ^J f•-•.. ^.' • .r ' +.�..vt yyl.. "K� ,_ f • ! 7. This Agreement shall be in effect from October.12, 1976, through June 30, 1979. Neither this Agreement nor any part thereof may be assigned or transferred without the approval of the City Council. 8. In the event that Contractor at any time during the term of this Agreement fails to carry out the work that is to be performed in accordance with the terms and conditions herein set forth, City may at its option terminate and cancel this Agreement. 9. For purposes of notices under this Agreement, all notices shall be considered effective upon being sent by certified U. S. mail to the following addressed: CITY: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 CONTRACTOR: Bill's Auto Wrecking Highway 1 Nipomo Mesa P. 0. Box 387 Oceano, CA 93445 IT WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR B �iY� —CAL !/Title: gill Arnold OUIner OF SAN LUIS ATTEST: m1yor y Perk Approved as to content: Approved as to fo WENDT, MITCHELL, NSHEIMER, DE LA MOTTE & LIL Y, INC. City Attorney City Administrative O icer T By Allen Grimes / C % Police h' f � ktm 9/20/76 Page 3 J ' BID SHEET — Opening September 29, 1976 • City of San Luis Obispo, Calif. NOTICE TO BIDDERS: The bidder is.required to fill out this form. Failure to do so will be cause for the bid being rejected. DEVIATIONS: List any and all deviations from these specifications. All of the above are to be considered part of the bidder's specifications. Bid this form only. Attach extra sheets if necessary. BID PRICE FOB San Luis Obispo Exclude state and local sales taxes Item 1 — Charge for Towing $ NO CHARGE Item 2 — Charge for Storage per day $ NO CHAR GF r Bill's Auto urecLin9 11 i/ ems- P Highway 1 Nipnrnn NAsA Name of Firm. Signature o Auth'd gent , Address. Date See attached letter. IT "All Page 1 of 2 } BID FOR ABANDONED VEHICLES I,. Billts Auto,Wrecking, place the following bid to the City of San Luis Obispo for the removal of abandoned vehicles. No charge to the city. No charge for towing or storage to private parties who reclaim their vehicles. Billts ALtto itireckir_g will return any vehicles to address from which it was towed, with no charge to parties who wish to reclaim their vehicle. Billts Auto Wrecking• i•s• located 6 miles south of Oceano on Highway 1. If I am the successful bidder, I agree to execute the contract with one week from the date of award of contract. I agree also to furnish the required certificate ot insurance for the contract to the City of San Luis Obispo. Bill's Auto Wrecking EXHIBIT "Arl Page 2 of 2 r� �naoOLUTION NO. 3157 (1976 Sl�')es) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING EQUIPMENT REPLACEMENT FUND APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR AND AUTHORIZING AN ADVANCE OF FUNDS FROM EQUIPMENT REPLACEMENT UNAPPROPRIATED FUND BALANCE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the Equipment Replacement Fund, Appropriation Accounts are increased as follows to provide for replacement of Equipment Unit #2, 1955 GMC Fire Truck. Account Number Description Budget Amount (85) 41- 4150 -000 Fire Dept. - Vehicles $64,600. 41- 0510 -000 Appropriations Increase 64,600. CR 41- 0600 -000 Unappropriated Balance 64,600. DR 2. That an advance of funds is authorized from the Equipment Replacement., Unappropriated Balance in the Amount of $17,000. to cover the diff- erence between Unit #2., accumulated reserves of $47,600. and the estimated replacement cost of $64,600. This advance of funds shall be repaid from General Fund Revenues during the 1977/78 fiscal year and shall be recognized in the following accounts: Account Number Description Amount General Fund (01) 01- 0195 -410 Amounts to be Provided - Equipment Replacement Advance $17,000. DR 01- 0360 -410 Amounts Due to Other Funds - Equipment Replacement Advance 17,000. CR Equipment-Replacement Fund (41) 41- 0160 -010 Due from Other Funds - General Fund Advance 17,000. DR 41- 0415 -010 Reserve for Advances - To General Fund 17,000. CR f On motion of Councilman Petterson , seconded by Q01=ilm44 Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of October , 1976. ATTEST: ty %rk Approved as to form: WENDT; MITCHELL, SINSHEIMER, de la MOTTE & LILLE_Y. City Attorney By Allen Grimes Approved as to content: City Administrative Officer Finance i ector ___RESOLUTION NO. 3156 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CI.T.Y OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RED STAR INDUSTRIAL SERVICE FOR UNIFORM AND LAUNDRY SERVICE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is.on file in the Office of the City Clerk, between the City and Red Star Industrial Service for uniform and laundry service from November 3', 1976 through June 30, 1979, is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by'it to: Red Star Industrial Service and the Finance Department. On motion of Councilman Petterson , seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Gurnee, Petterson and Mayor Schwartz NOES: Councilmen Graham and Norris ABSENT: None the foregoing Resolution was passed and adopted this 5th day Oz _ October , 19 76. ATTEST: erk Approved as to form: WENDT,.MITCHELL, S NSHEIMER, DE LA MOTTE & LILE', INC. City Attorney ' J By Allen Grimes R 3156 •i T`I �i,�� ♦,' l \`•.a 'ti �y `• ..ti•y.'. �. �•�.. ,n• � V'•r >1��t` l.` _ ,� .r .; rte;', _�� ytY'! � (� .�:.•.,•. ..�'' °- i y4 •�.. •�`::��- "7_._:' "• �•'•h. -�•. 'S� :�= ...^rti.> .�; c ?;,p.A• ::'re'L,.:�_t• .`_�.`: • r±? w AGREEMENT This Agreement, dated as of the date affixed beside the signature hereto of the City of San Luis Obispo, is entered into between the City of San Luis Obispo (hereinafter called "City ") and Red Star Industrial Service of Lompoc, California (hereinafter called "Laundry "). WITNESSETH: WHEREAS, Laundry was the successful low bidder upon a request for bids for laundry service for City uniforms. NOW, THEREFORE, City and Laundry agree as follows: 1. Laundry agrees to provide laundry service for City uni- forms as set forth in the Notice to Bidders and Specifications issued by City, copies of which are attached hereto, marked Exhibit "A" and "B" respectively, and thereby incorporated herein. 2. City agrees to pay Laundry Ninety -five Cents ($.95) per uniform change furnished by Laundry, payable on monthly invoices. 3. This contract shall'cQmmence November 3,1976 and shall end June 30, 1979. 4. Laundry shall comply with all applicable provisions of State and Federal law, including, without limitation, all applicable laws concerning employee benefits and working conditions and non- discrimination in hiring personnel. 5. Laundry shall not assign this contract nor sub - contract it as a whole without the written consent of City, nor shall the Laundry assign any monies due or to become due to it hereunder without the previous written consent of City. 6. Changes in this agreement shall become effective only when written in the form of a supplemental agreement and signed by both parties hereto. 7. If Laundry should be adjudged a bankrupt, or if it should make a general assignment for benefit of creditors, or if it should be placed in receivership on account of insolvency, the City shall have the right, at its sole option, to terminate T.ff :�.♦✓ .� .a, ,r �l� .. r= -' 4• _ r'.•. ', .r lr ^'.:•ry•r.. :r �; (r ...T'•�•4 .ni• �','t.�. ~tip i ;r Y:�•r�'S i�.•'�a 1 '. j...... -!•mot -�+I ` 1"� Y ar_ 4 .. ry .,'.v:••'V' +'.�u._'•Mt•w�'n+.� �A a this agreement upon fifteen (15) days written notice to Laundry. M 8. All notices from one party to the other in connection with this agreement shall be deemed delivered when deposited in the U. S. Mail, stamped and addressed to the other party at the following address: City: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Laundry: Red Star Industrial Service 139 S. "A" Street Lompoc, CA 93436 IN WITNESS WHEREOF, this agreement is executed by both parties. Date: Date: ATTEST: Modal r, Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & L rEY City Attorney I\ By Allen Grimes RED STAR INDUSTRIAL SERVICE CITY OF SAN LUIS OBISPO Approved as to content: City Administrati fficer Finance Dix or Director of Public Services o T AWWA M-0 # APPROVTD DE�41ED CONTINUED 70 NOTICE TO BIDDERS ..,Notice is hereby given that sealed bids will be received by the City of San Luis Obispo at'the Office of the City Clerk, City Hall-, 990 Palm Street (mailing address P.O. Box 321), San Luis Obispo, California, 93406, up to 3:00 p.m., Wednesdayl.sep"tember 29, 1976, And then publicly opened and read, for furnishing to said City the following service as described in specifications.on file in the-Office of.the City Clerk to which reference is hereby made for further particulars. UNIFORM AND LAUNDRY SERVICE FOR APPROXIMATELY 45 EMPLOYEES, T140 YEAR CONTRACT. T140 CHANGES PER WEEK FOR FIVE EMPLOYEES, THREE CHANGES FOR THIRTY -SEVEN EMPLOYEES AND FOUR CHANGES FOR THREE EMPLOYEES. All proposals shall be on the form furnished.by the City, sealed.and, plainly marked; '.'Proposal for Uniform and Laundry Service.tl Prices shall include All applicable state and /or other taxes. The City Council reserves the right to accept such bid as may be deemed most advantageous to the City, the`lighf to waive any informality in a bid and the further right.to reject any and all bids. I H. FITZPATPICK J.H. Fitzpatrick, City Clerk City of San Luis Obispo California EXHIL0311T "A" Specifications for - Uniform and Laundry Service, bid opening September 29; 1976., 1. Two year contract. 2,. Contractor to submit quote on flat rate per uniform change on the basis of two changes per week for approximately . . five employees,.three . changes. for approximately thirty-peven employees and four changes for approx- imately three employees. 3. Lettering to be supplied at -rates including tax, not to exceed the following: Lettering on back reading "City of S.L.O." $2.00 Lettering on front, man's last name $0.35 4. Color of uniform;.. Tight gray. 5. Type of uniform: two piece for approximately 43 employees, one piece coveralls.for approximately 2.employees 6.. Fabric:. uniforms to be a combination of 65% Fortrel polyester and 35% combed cotton or equal. List deviations on bid sheet. 7. Delivery of clean pressed.uniforms to be on hangars. 8. Delivery to be at the.following locations: City Hall, 990 Palm Street City Recreation Center., 864 Santa Rosa City Maintenance Yard, 642 Emily Sewer Plant, Prado Road Water Maintenance Yard, 1330 Buchon 9. Fitting'employees for uniforms shall be at contractor's expense. 10. Contractor shall be responsible for repair of uniforms, sewing names and emblems on, and exchanging sizes when necessary. RESOLUTION NO. 3155 :1 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DECLARING THE NECESSITY. FOR CONDEMNATION OF PRIVATE PROPERTY FOR SANTA ROSA.STREET WIDENING, CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: It finds and determines and hereby declares that the public interest and necessity require the completion by the City of a public widening of Santa Rosa Street; and therewith, the acquisition of titl, in Appendix "A" attached hereto as therefor. acquisition, improvement, further that a in the real described th, construction and to wit: the in connection property described :rein is necessary Said proposed public improvement is planned and located in the manner which will be most compatible with the greatest public good, and the least private injury. The Citv Council.shall acquire in the name of City the said interest in real property by donation, purchase, or by condemnation in accordance with the provisions for eminent domain contained in section 37350.5 of the Government Code of the State of California and section 4090 of the Streets and Highways Code of the State of California. R 3155 The law firm of Davis, Wendt, Mitchell & Sinsheimer, City Attorney for the City of San Luis Obispo, is hereby authorized and empowered: To acquire in the City's name, by condemnation, the said interest in real.property in accordance with the authority for eminent domain, granted by the Constitution of the State of California and the above cited statutes, and in accordance with the procedures set forth in the Code of Civil Procedure of the State of California; To prepare and prosecute in the City's name such proceedings in the proper court as are necessary for such acquisition; and To apply to said court for an order fixing the amount and nature of such security as it may di- rect, and to deposit such security as so directed, and for an order permitting City to take immediate possession and use of said real property or interest therein for said public uses and .purposes. The said interests in real property are more particularly de- scribed in Appendix "A" attached hereto and incorporated herein by reference. -2- On motion by Councilman Petterson� and seconded by Councilman Graham the City Council of the City of San Luis Obispo hereby.adopted in its entirety the foregoing proposed Resolution.on the following roll call vote:. AYES: Councilman Graham, Gurnee,. Norris, Petterson and Mayor Schwartz NOES: None: ABSENT: None the foregoing Resolution was passed and adopted this day of October 1 , 1976. ATTEST: G' y Clerk Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIMER, City Attorney �(��.&Z G4 GfI Y DALE C. MITCHELL 5th Approved as to content: CITY ADMINISTRATI OFFICER -3- (f" // APPENDIX "A" That portion of Lot 4 in Block 31 of the City of San Luis Obispo, in the.County of San Luis Obispo, State of California, according. to the Map filed for record May 1, 1878 in Book A. at Page 168 of Maps, in the office of the County Recorder of said Courrty, described as follows: ? Parce1180 -1 BEGINNING at the northeasterly corner of Monterey and Santa Rosa Streets as widened in 1916; thence northeasterly along the northerly line of Monterey Street, a distance of 10.00 feet; thence at right angles northwesterly parallel with Santa'Rosa Street.a distance of 97.00 feet; thence at right angles south- - westerly.along the southeasterly line of the land described in. Book 407 at Page '142 of Official Records;. a distance of 10.00 feet to a point on the northeasterly line of Santa Rosa Street; thence at right angles southeasterly along the northeasterly line of Santa Rosa Street a distance of 97.00 feet to the POINT OF BEGINNING. Parcel 180 -1 -1 A temporary easement for construction purposes over and across the following described parcel of land: BEGINNING at the northeasterly corner of Monterey and Santa Rosa Streets as widened in 1916, thence northeasterly along the no line of Monterey Street a distance of 10.00 feet to the true POINT OF BEGINNING; thence continuing along said northerly line a distance of 10.00 feet; thence northwesterly parallel with Santa Rosa Street a distance of 97.00 feet southerly of the line described in Book 407: at Page 142 of Official Records; thence southwesterly along said southerly line a distance of 1.0.00 feet; thence southeasterly parallel to Santa.Rosa Street to the true POINT OF BEGINNING. Said .temporary construction easement shall cease and terminate upon completion of construction, but.in any event, shall cease and ter, minate not later than January 1, 1979.. -1- APPENDIX "A" (continued) That portion of lot four (4) Block Thirty -One (31) of the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the official map thereof on file in the office of the County Recorder of said county, described as follows: PARCEL 180 -2 Beginni.nn at a point on the southwesterly line of said Lot, which is Nortli 360 22' West a distance of 97.00 feet from the intersection of the north- westerly line of Monterey Street as widened in 1916, and said southwesterly. line; thence northeasterly and parallel with the southeasterly line of said Lot a distance of 10.00 feet; thence northwesterly and parallel. to Santa Rosa Street a distance of 67.00 feet more or less to the northwesterly line of said Lot; thence southwesterly along said northwesterly line a distance of 10.00 feet to the most Westerly corner of said Lot; thence South 36° 22' East alone the Southwesterly line of said Lot a distance of 67.00 feet more or less to the point of beginning. PARCEL 180 -2 -1 A temporary easement for construction purposes over and across ,the following described parcel of land. Beainning at the Southeasterly corner of Parcel 180 -2 asdescribed above, thence Southeasterly and parallel to Monterey Street a distance of 5.00 feet, thence. Northwesterly and parallel to Santa Rosa Street to the. Northerly line of lot 319 thence Southwesterly along said lot line a. distance r 5.00 feet, thence Southeasterly and parallel to Santa Rosa Street to the Point of Beainning. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1979. -2- APPENDIX "A" (continued) That Portion of Block 31 of the City of San Luis Obispo, in the County of San Luis Obispo, accordinq to the map by Harris and Ward filed in the office of the Recorder of said.County,.de.scribed as follows: PARCEL 180 -3 Commencing at a point on the easterly line of Santa Rosa Street, said point being South 366 22' East a distance of 161.67 feet from the southeasterly corner of Palm and Santa Rosa Streets, and being the point of intersection of the northerly line of a 16.00 foot alley with said easterly line of Santa Rosa Street; thence at right angles with said easterly line North 530 38' East, alone the northerly line of said alley a distance of 10.00 feet to a point; thence at riaht anales Horth 36° 32' West a distance of.40.00 feet to a point; thence at rigFit angles South 53° 38' West a distance of 10,00 feet to said Easterly line of Santa Rosa Street_; thence South 366 22' East, along said Easterly line a- distance of 40.00 feet to the Point of beginning. PARCEL 180 -3 -1 A temporary easement for construction purposes over and across the following described parcel of land: Beginning at the Easterly corner of Parcel 180 -3 as described above, thence North 360 22' West and parallel to Santa Rosa Street a distance of 40,00 feet, thence North 53" 38' East a distance of 5.00 feet, thence South 36° 22' East A distance of 40.00 feet, thence South 530 38' West a distance of 5,00' to the Point of Beginning. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1919. -3- APPENDIX (continued) That portion of Block 31 of the City of San Luis Obispo, in the County of San Luis Obispo, described as follovs: PARCEL 180 -4 BEGINNING at a point on the Easterly line of Santa Rosa Street in said City, distant thereon South 36° 22' East 80,00 feet from the Southeasterly corner of Palm and Santa Rosa Streets; thence at right angles North 53° 38' East a distance of 10.00 feet to a point; thence at right angles, South 36° 22' East a distance of 41 feet and 8 inches to a point; thence.at right angles South 33` 38' hest a distance of 10.00 feet to said Easterly line of Santa Rosa Street; thence North 36° 22' Uest a distance of 41 feet and 8 inches along said Easterly line of Santa Rosa Street to the POINT OF BEGINNING, PARCEL 180 -4 -1 A temporary easement for.construction purposes over and across the following described parcel of land: BEGINNING at the most easterly corner of parcel 180 -4 as described above, thence North 36° 22' Ilest and parallel to Santa Rosa Street a distance of 41.67 feet, thence Easterly at right angle a distance of 5.00 feet, thence South 36° 22' East a distance of 41.67 feet, thence Westerly to the POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1979. —4— U APPENDIX "A" . (continued) That portion of Lot 1 in Block 31 of the City of San Luis.Obispo, County of San Luis Obispo, State of California, according to map filed for record in the office of the County Recorder of said County, described as follows: PARCEL 180 -6 BEGINNING at the southeast corner of Palm and Santa Rosa Streets and running thence northeasterly alone the southerly line of Palm Street a distance of 10,00 feet; thence southeasterly and parallel with the easterly line of Santa Rosa Street a distance of 40.00 feet; thence southwesterly and parallel with the south line of Palm Street a distance of 10.00 feet to the easterly line, of Santa Rosa Street; thence northwesterly along said easterly line of Santa Rosa Street a distance of 40.00 feet to the POINT.OF BEGINNING, PARCEL 180 -6 -1 Temporary easement for construction purposes over and across the following described parcel of land. BEGINNING at the Northeasterly corner of parce.l 180 -6 as described above, thence Northeasterly along the Southerly line of Palm Street a distance of 5.00 feet, thence Southeasterly and parallel with the Easterly line of Santa Rosa Street a distance of 40.00 feet, thence Southwesterly and parallel with Palm Street a distance of 5.00 feet, thence Northwesterly parallel to Santa Rosa Street to the POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1979. -5- APPENDIX (continued) PARCEL 180 -7 That portion of Lot 4 in Block 32 of the Town of San Luis Obispo, iu the County of San Luis Obispo, according to the official map thereof, described as follows: BEGINNING at the point of intersection of the northerly line of Palm Street with the easterly line.of Santa Rosa Street in said City; thence easterly along the northerly line of Palm Street a distance of 10.00 feet to a point; thence at right angles northerly and parallel with the easterly line of Santa Rosa Street a distance of 150.00 feet to a point; thence westerly, parallel with the northerly line of Palm Street a distance of 10.00 feet to a point on the easterly line of Santa Rosa Street; thence southerly along the easterly line of Santa Rosa Street- to the point of beginning. PARCEL 180 -7 -1 A tear orary easement for construction purposes,over and across the following described parcel of land: Beginning at the southeasterly corner of Parcel 180 -7 as described above, thence northwesterly parallel to Santa Rosa Street, a distance of 150.00 feet, thence northeasterly parallel to Palm Street, a distance of 60.00 feet, thence southeasterly parallel to Santa Rosa Street, a distance of 50.00 feet, thence southwesterly para- llel to Palm Street a distance of .55.00 feet, thence southeasterly parallel to Santa Rosa Street to the northerly line of Palm Street, thence southwesterly along the northerly line of Palm Street to the point of beginning. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1979. UAPPENDIX' "A" (continued) That portion of Lot 4 in Block 33 of the City of San Luis Obispo, according -to map recorded May 1, 1878 in Book A at page 168 of Maps, described as follows: PARCEL 180 -9 BEGINNING at the Northeasterly corner of Mill and Santa Rosa Streets in said City, and running thence Northwesterly along the Easterly line of Santa Rosa Street a distance of 75.00 feet, thence Northeasterly and parallel with Mill Street a distance 1.0.00 feet thence Southerly and parallel with Santa Rosa Street, to the Northerly line of Mill Street thence Southwesterly along the. Northerly line of Mill. Street to the POINT OF BEGINNING. PARCEL 180 -9 -1 a temporary easement for construction purposes over and across the following described parcel of land: BEGINNING at the Rortheasterly.corner of Mill and Santa Rosa Streets in said City, and running thence Northeasterly along the Northerly line of Mill Street a distance of 10.00 feet to the true POINT OF BEGINNING thence Northwesterly parallel to Santa Rosa Street a distance of 75.00 feet, thence Northeasterly and parallel to Mill Street a distance of 40.00 feet, thence Southeasterly and parallel to Santa Rosa Street a distance of 75.00 to the Northerly line of Mill Street, thence along the Northerly line of Mill Street to the POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1979. -7- � APPENDIX "A" (continued) L, That portion of Lot I in Block M of the City of San Luls.Obispo, in the City of San Luis Obispo, according to map flied in Book A at page 168 of Maps, described as follows: PARCEL 180 -11 BEGINNING at a point on the Easterly line of Santa Rosa Street, said point being distant 100.00 feet Southeasterly from the'Southeasterly corner of Peach and Santa Rosa Streets, thence Southeasterly along the Easterly line of Santa Rosa Street a "distance of 50.00 feet, thence Northeasterly and parallel with Peach Street a distance of 10.00 feet thence Northwesterly and parallel with Santa.Rosa Street a distance of 50.00 feet thence South -- westerly and parallel to Peach Street to the POINT OF BEGINNINGO PARCEL 180 -II -1 BEGINNING at a point on the Easterly line of Santa Rosa Street, said point being distant 100.00 feet Southeasterly from the Southeasterly corner of Peach and Santa Roo-Streets, thence Northeasterly and parallel with.Peach Street a distance of 10.00 feet to the true POINT OF BEGINNING, thence Southeasterly and parallel to Santa Rosa Street a distance of.50.00 feet, thence Northeasterly and parallel to Peach Street a distance of 5.00 feet, thence Northwesterly and parallel to Santa Rosa Street a distance of 50.00 feet, thence Southwesterly and parallel to Peach Street to the true POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1979. ® APPENDIX "A" (continued) That portion of Lot I In Block 33 of the City of San Luls'Obispo, In the City of San Luis Obispo, according to the map filed for record May I, 1878' In Book AL at page 168 of Maps, described as follows: PARCEL-180-12 BEGINNING at a point on the Northeasterly line of Santa Rosa Street distant thereon,, 50.00 feet Southeasterly from the.Southeasterly corner of Peach and Santa Rosa Street; thence Southeasterly along the Northeasterly line of Santa Rosa a distance of 50.00 feet thence Northeasterly and parallel with the Southeasterly line of Peach Street a distance of 10.00 feet; thence Northerly and parallel with Santa Rosa Street a. distance of 50.00 feetj thence Southwesterly and parallel with the Southeasterly line of Peach Street to the POINT OF BEGINNING. PARCEL 180 -12-1 .A temporary easement for construction pur described parcel of land. poses over and across the following BEGINNING at a point on the Northeasterly line of Santa Rosa Street distant thereon, 50.00 feet Southeasterly from the Southeasterly corner of Peach and Santa Rosa Street, thence Northeasterly and parallel with the Southeasterly line of Peach Street a distance of 10.00 feet to the true POINT OF BEGINNING, thence Southeasterly and parallel to Santa Rosa a distance of 50.00 feet, thence Northeasterly and parallel to Peach Street a distance of 5,00 feet, thence Northwesterly and parallel to Santa Rosa Street a distance of 50.00.feet, thence Southwesterly and parallel to Peach Street a distance of 5.00 feet to the true POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon com- pletion of construction, but. in any event, shall cease and terminate not later than January . 1, 1979. APPENDIX "A" (continued) That portion of Lot I in Block 33 of the City of San.Luis Obispo, in the City of San Luis Obispo, according to the map filed for record May i, 1878 in Book A, at page 168 of Maps, described as follows: PARCEL 180 -13 BEGINNING at the Southeasterly corner of Peach and Santa Rosa Streets, thence Southeasterly along the Easterly line of Santa Rosa Street a distance of 50.00 feet, .thence Northeasterly and parallel with Peach Street a distance of 10.00 feet to a point; thence Northwesterly and parallel with Santa Rosa Street to the Southerly line of Peach Street thence Southwesterly along said Southerly line to the POINT OF BEGINNING, . PARCEL 180 -13 -1 A temporary easement for construction purposes ovng described parcel of land: er across the following BEGINNING at the Southeasterly corner of Peach and Santa Rosa Streets, thence Northeasterly along Peach Street a distance of 10.00 feet to the true POINT OF BEGINNING, thence Southeasterly parallel to Santa Rosa Street a distance of 50.00 feet, thence Northeasterly parallel. to Peach Street a distance of 5.00 feet, thence Northwesterly parallel to Santa Rosa a distance of 50.00 feet to the Southerly line of Peach Street, thence Southwesterly along said Southerly line to the POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January I, 1979. -10- APPENDIX "A" (continued) That portion of Lot 4 in Block 34, of the City of San Luis Obispo, in the City of San Luis Obispo, according to the map filed for record May 1, 1878, in Book A.at page 168 of Maps, described as follows: Parcel 180 -14 BEGINNING at the Northeasterly corner of Santa Rosa and Peach Streets in said City and running thence Easterly along the Northerly line, of Peach Street a distance of 10.00 feet, thence Northerly and parallel' to the line of Santa Rosa Street a distance of 150.00 feet, to the line between Lots l and 4 in.said block; thence Westerly along the line between Lots l and 4 to tbe- Easterly line of Santa Rosa Street; thence Southerly along the Easterly line.of Santa Rosa to the POINT OF BEGINNING. Parcel 180 -14 -1 temporary slope easement. BEGINNING at the Northeasterly corner of Santa Rosa and Peach Streets and running thence Easterly along the Northerly line of Peach Street a distance of 10.00.feet to the true POINT OF BEGINNING thence continuing along the North line of Peach Street.' a distance of 12.00 feet, thence Northerly to a point on the line between Lots 1 and 4 said point being 35.00 feet from the Northeasterly line of Santa Rosa Street thence Westerly along the line between Lots 1 and 4 a distance of 25.00 feet, thence Southerly parallel to Santa Rosa Street to the true POINT OF BEGINNING: Parcel 180 -14 -2 temporary construction easement. BEGINNING at the Northeasterly corner of Santa Rosa and Peach Streets and running thence Easterly along the Northerly line of Peach Street, a distance of 22.00 feet to the true POINT OF BEGINNING, thence continuing along the Northerly line of Peach Street a distance of 28.00 feet, thence Northerly and parallel to the line of Santa Rosa Street to the line between Lots 1 and 4-in said block; thence Westerly along the line between Lots 1 and 4 a distance of 15:00 feet, thence Southerly to the true POINT OF BEGINNING. . Said temporary slope and construction easement shall cease and terminate upon completion of Construction, but in any event, shall cease and terminate not later than January 1, 1979. -11- RESOLUTION NO. 3154 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING RATES FOR SOLID WASTE DISPOSAL. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to the provisions of the Municipal Code Section 5200.6A, this Council hereby establishes the solid waste disposal charges as follows: (a) Households - For the service of collecting all refuse, garbage, solid waste or rubbish ordinarily produced in and about the household, but not including dead animals, or the refuse from the construction, demolition or alteration of buildings, earth, rocks or incinerator ashes, the following rates per month are established: Single Family Residences: 35 gallons or less -- 1 collection per week, one container $3.00 1 collection per week, two containers 4.25 1 collection per week, three containers 5.50 . The above service includes a weekly pickup of up to one (1) cubic yard of rubbish including tree trimmings, grass cuttings, dead plants and weeds, provided that such rubbish shall be deposited in appropriate containers that can be handled by one man and placed on the curb in front of the residence. Apartments and Duplexes: Where individual containers are used, rates will be the same as single family residences. Dumpmaster container rates shall be $1.75 per unit, plus $5.00 monthly rent per Dumpmaster container for one collection per week. Two (2) collections per week per Dumpmaster container shall be $2.50 per unit. (b) Commercial Establishments or Motels - For the service of collecting all refuse, garbage, wet garbage or rubbish ordinarily produced in and about commercial establishments or motels, but not including dead animals, or the refuse from the contraction, demolition or alteration of buildings, earth, rocks or incinerator ashes, each separate commercial establishment or motel having refuse containers shall not be required to pay more than the following rates: R 3154 ..f Resolution No. 2 (1976 Series) Rates per month for the following number of collections „ per week: No. of 35 . gal. cans: 1 2 3 6 7 1 $3.00 $5.00 $7.50 $10.00 $12.00 2 3.75 7.50 10.00 13.00 15.00 3 4.75 9.00 12.50 15.00 18.00 4 5.75 10.50 .14.50 18.50 22.00 5 6.75 12.00 16.50 22.00 26.00 6 7.75 13.50. 18.50 25.50 30.00 7 8.75 15.00 20.50 29.00 34.00 8 9.75 16.50 22.50 .32.50 38.00 9 10.75 18.00 24.50 36.00 42.00 10 11.75 19.50 27.00 39.50 46.00 For 35 gallon cans in excess of ten (10), the rate shall be an additional $1.00 per can per collection. Rates per month for commerical Dumpmaster containers for the following number of collections per week: No. of cu. yds. 1 2 3 6 7 1 $10.00 $15.00 $18.00 $35.00 $45.00 2 13.50 19.00 25.00 39.00 59.00 3 16.50 23.50 32.50 58.50 78.50 •4 20.10 30.00 42.50 78.00 98.00 5 23.70 35.30 50.00 85.00 110.00 6 27.30 41.70 58.50 110.00 130.00 8 35.00 51.60 78.00 156.00 176.00 The above rates include the monthly container rental. Rates per month for commercial establishments or motels not using Dumpmaster containers or cans for the follow- ing number of collections per week: No. of cu. ft. 1 2 3 6 7 7 cu. ft. or less $2.50 $5.00 $6.30. $9.00 $10.00 Each 5 cu.ft. over 7 cu. ft. .75 1.50 2.00 2.50 3.00 Resolution No. 3154 3 (1976 Series) (c) Office Buildings, Place of'Business - For the regular collection, removal, and disposal of rubbish from any office building using a common container or from any premises or place of business producing said refuse (excepting those premises for which rates are hereinabove specified) the rate per month for the collection shall not exceed that listed in (b) above. (d) Each container (other than a Dumpmaster container) and its contents shall not exceed-seventy-five (75) pounds. All commercial and motel rates shall be based upon six (6) months average quantities unless such establishments contract for irregular collections. (e) Irregular Collections: Each five (5) cubic feet or fraction thereof . . . . . . . . . . . . . . . . . . . . . . . . . . $3.00. 2. The foregoing rates for service shall become effective on and after November 26 , 1976 , and shall be applied on all bills issued on or -after November 26 , 1976 . 3. The City Clerk shall certify to the passage of.this resolution and shall provide copies of this resolution to the Director of Finance, and the San Luis Garbage Company. On motion of Councilman Gurnee seconded by C7o1mc;lman pP±tergon and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT: None the foregoing Resolution was passed 1976. ATTEST: i Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LIMOTTE, & ILLEY, INC. City rney By Allen Grimes ted this 5th day of October , yor Approved as to content: City Administ 've Offerer ✓ J Director of inance RESOLUTION NO. 3153 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING BUDGET ADJUSTMENTS TO FUND A CONTRACT STUDY OF POLICE AND FIRE DEPARTMENT OPERATIONS AND MANAGEMENT. BE IT RESOLVED by the Council of the City of'San Luis Obispo that a contract study of Police and Fire Departments operations and management be authorized and that the appropriation for such study'be provided through the following budget adjustments: 1. That the following accounts be increased to provide for the costs of the study: Account No. Description Amount (80) 01- 4008 -086 Planning $ Research Service $ 9,450. (85) 01- 4108 -086 Planning & Research Service 9,450. $18,900. 2. That the following accounts be decreased: Account No. (05) 01- 3999 -000 (80) 01- 4001 -001 (85) 01- 4101 -001 Description Contingency Account Police Salaries Fire Salaries Cmrnint $ 6,900. CR 4,500. CR 7,500. CR $18,900. CR xl� c Resolution No. 3153 On motion of Councilman Gurnee 0 (19 Series) seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilman Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None . the foregoing Resolution was passed and adopted this 5th day of October , 1976 . ATTEST: Approved as to rm: Approved as to content: WELDH , SINSHEIMER, DE I EY, INC. Ci City AdministratiN Officer By Allen Grimes , Fi nce rec RESOLUTION NO. 3152 (1976 Series, A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ARTHUR D. LITTLE, INC. FOR PROFESSIONAL SERVICES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and Arthur D. Little, Inc. for a study of police and fire operations of the City of San Luis Obispo, is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution - - together with a copy of the agreement approved by it to: Arthur D. Little, Inc. On motion of Councilman Gurneee seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of October , 19 76. ATTEST: y Clerk Approved as to form: WENDT, MITCHELL, SI4PHEIMER, DE LA MOTTE & LILLE INC. City Attorney rimes C • RESOLUTION.NO. 3151(1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING PARKING RESTRICTIONS ON PISMO.STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The two (2). hour and.nighttime parking restrictions on Pismo Street between Osos and Garden Streets are hereby rescinded. On motion of Councilman Gurnee seconded by Councilman Norris and on the following roll call vote: AYES: Councilman Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was of October , 1976. ATTEST: � r sled and adopted this 5th day Approved as to rm: WENDT, Approved as to content: MITCHELL, SINSHE MER, DE LA MOTTE & LILLEY, *ty Attorney law� .... City Administrative ficer By Allen Grimes �ublic Services Director C RESOLUTION NO. 31.50 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP 76 -366 (ALF STARKZE, APPLICANT; 590 FELTON WAY). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby makes the following findings concerning Parcel Map 76 -366 (Alf Starkie, Applicant; 590 Felton Way): a. The proposed parcel map and design are consistent with the General Plan. b. The site is physically suited for the proposed type and density of development permitted in the R -1 zone. c. The design is not likely to cause substantial environmental damage, or cause serious public health problems. d. The design of the proposed subdivision will not conflict with public easements for access through, or use of, proposed subdivisions. 2. Tentative approval of Parcel Map 76 -366 is based upon the follow- ing conditions: a. All new utilities shall be underground b. Subdivider shall pay park in:- lieu fees of $150 per, each new parcel. c. Subdivider shall pay water frontage and acreage fees when Parcel 2 is developed. d. All lot corners shall be staked by a registered civil engineer or licensed surveyor. e. Street trees shall be provided on Highland Drive frontage per Public Services Department approval. f. Parcel 2 shall be served by the City sewer system. Drawings and calculations of the method of providing service shall be submitted to and be approved by the City Engineer prior to filing final parcel map. If sewer pumps or easements are required, such shall be noted on final parcel map. 0 Resolution No..315O • (1976 Series) g. A grading and drainage plan shall be submitted to and be approved by the City Engineer prior to filing final parcel map. h. Curb, gutter, sidewalk, and necessary street pave -out shall be installed on Highland Drive to City standards and approved prior to recordation of the final map. i. Lot line between proposed Parcels 1 and 2 shall be.located 104 feet from the south property line of Parcel 1. 3. This Council hereby approves the tentative map for Parcel Map 76 -366. On motion of Mayor Schwartz , seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and NOES: None ABSENT: None the foregoing Resolution.was passed October , 1976. ATTEST: /M-Clerk Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE & LILLEY, City Attorney s By Allen Grimes Mayor Schwartz Approved as to content:. City Administrative 0 er I RESAUTION NO. 3149 (1976 Series) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN'THE CITY AND JOHN R.. ROSS AND. ASSOCIATES, INC..FOR DESIGN OF A COMMUNITY SWIMMING POOL AND ASSISTANCE IN OBTAINING A GRANT FOR ITS CONSTRUCTION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the.City and. John R. Ross and Associates, Inc., for design of a community swimming pool and assistance in obtaining a grant from the Economic Development Administration for its construction, is hereby approved and the Mayor.is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: John R. Ross and Associates, Inc. DBA Ross and Levin Associates, Architects. On motion of Councilman Graham seconded by Councilman Gurnee and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None. ABSENT: None the foregoing Resolution was.passed and adopted this 5th day of October , 19 76. ATTEST: y Clerk Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE & LILLEY, INC. City Attorney By Allen Grimes 1 i �4 I J a� f, RESOLUTION NO. 3148 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TENTATIVE APPROVAL OF TRACT NO. 465, VAL VISTA ESTATES (LOCATED AT 1000 LOS OSOS VALLEY ROAD). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: A) That the Council, after consideration of the revised Tentative Map of a portion of Tract No. 465 and the Planning Commission and 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 con- flict with easements, for access through or use of property within the proposed subdivision. B) That the Revised Tentative Map for a portion of Tract. No. 465 be approved 'subject to the following conditions: 1. The subdivider shall dedicate and improve an additional 17 feet of right - of -way on Los Osos Valley Road at Descanso (Lots 1 -3). 2. No access to Los Osos Valley Road from Lots 1 -3 shall be permitted and shall be so noted on the final map. Subdivider shall install a solid wall and landscaping across Los Osos Valley Road frontages, Lots 1 -3, accep-. table to the Architectural Review Commission, as part of required subdivi- sion improvements. 3. All lakeshore lots (lots 24 -31) shall be considered sensitive sites and all development proposals shall be subject to Architectural Review Commission approval. Such shall be noted on final map. 4. The City shall be given a flood control and maintenance easement across Lots 24- 31.from the lakeshore property line up to the 126 elevation. 5. The subdivider shall install street trees acceptable to the City and there shall be a 10 foot street tree easement along all street frontages. *6. The portion of the Morganti property shown as an extension of Descanso Street shall be dedicated to the City and improved to City standards. Sidewalks arid streee t___ may be deferred on northwest side of Descanso between Los Osos Valley Road and Vista Del Arroyo. (De-le-tecl 10/5/76) :7. The drainage swale across the Morganti property shall be indicated as an acceptable_ existing point of-:storm drainage, disposal from the northwesterly tract boundary to its outlet at lake, and agreement to.this affect be noted on final map. 8. All grading shall be per the City Grading Ordinance. 9. Credit for park /open space and lake dedication and /or in lieu fees shall be determined by the City Council prior to final map approval. 10. Water and sewer reimbursement and connection charges shall be paid for Lots 1 -31 prior to final map approval. R 3148 R "Resolution No. 3148 2 0.(1976 Series) 11. The subdivider shall dedicate to the City one foot (1') reserve strip at the northwesterly tract boundary adjacent to Descanso Street and at street stub of Vista Del Collados and Vista Del Arroyo, to control access, acceptable to the City Engineer. 12. Drainage easement across rear of Lots 19 -21 shall be shown on final map, width and improvement shall be acceptable to the City Engineer. 4:3 —fir -4e rz teieiek- veriane- for boo! -._i 1C. (Deleted 10%5/76 14. Proposed street name 'Descanso Court' shall be changed to Vista Del Brisa. 15. Final map shall note that _Lot 32 is not a buildable site. 16. Subdivider shall show on final map and install curb return on northwest corner of Descanso Street and Los Osos Valley Road. On motion of MaYor Schwartz and on the following roll call vote: , seconded by Councilman Norris AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: Councilman Gurnee ABSENT: None the foregoing Resolution was passed an.4 a 1976. ATTEST: y erk ted this 5th day of pctober Approved as to form: WENDT, MITCHELL, Approved as to content: SINSHEIMER, DE LA MOTTE & LILLEY City Attorney By Allen.Grimes RS j RESOLUTION NO. 3147 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING POLICY AND PROCEDURES TO PROMOTE CONSISTENCY BETWEEN THE GENERAL PLAN AND ZONING REGULATIONS. WHEREAS, the City of San Luis Obispo has established pro- cedures for amending the General Plan; including the required contents of an application to amend the General Plan; and WHEREAS, the Council has by resolution established fees to be charged of applicants for a General Plan Amendment; and WHEREAS, California law requires that zoning be made con- sistent with the General Plan within a reasonable time of an amendment resulting in inconsistency between the General Plan and zoning; PLOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that within ninety (90) days of approval of a General Plan Amendment initiated by the City Council, Planning Commission or any applicant, which amendment results in incon- sistency between the General Plan and Zoning Regulations, the Planning Commission shall initiate rezoning proceedings to achieve consistency as required by California law and as provided in the City Zoning Ordinance. On motion of Mayor'Schwartz seconded by Councilman -Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None TS:AG:ktm 7/27/76 R 3147 J Resolution No. 314'n 2 (1976 Series) the foregoing Resolution was passed and adopted this 5th day of October , 1976. ATTEST: Approved as to form: DAVIS, WENDT, TCHELL & SINSHEIMER, Cit Attorney / By Allen Grimes TS:AG:ktm 7/27/76 Approved as to content: City Administrative fficer i. RESOLUTION NO. 3146 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR AMEND- ING THE ADOPTED GENERAL PLAN. WHEREAS, the City of San Luis Obispo has established pro- cedures for amending the General Plan, including the required contents of an application to amend the General Plan.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Pursuant to Article IX, Chapter 6 Sections 9600 through 9606 of the Municipal Code, this Council hereby establishes a $500.00 application fee for the amendment to the San Luis Obispo General Plan. 2. The fee established by this Resolution shall become effective upon adoption of the General Plan Update. On motion of Mayor Schwartz, seconded by Councilman Graham, and on the following roll.call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was pa October, 1976. ATTEST: 71y Clerk Approved as to fo WENDT, MITCHELL, INSHEIME R, de la MOTTE & LIL EY City Attorney I By Allen Grimes and adopted this 5th day of Approved as to content: R 3146 RESOLUTION N0. 3145 _ P1�'TML:PLMcE:bz.9 /27/76 15c. A RESOLUTION OF AWARD OF CONTRACT- MCMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS,.the Council of this City did in open session on September 28, 1976,.publicly examine and declare all sealed proposals or bids for the work to be done and improvements to be made, as described and specified in Resolution No. 3024 of Preliminary Determination and of Intention adopted by this Council on April 5, 1976, to which resolution reference is hereby made for a descrip� tion of the work and improvements to be done and for materials, supplies, and equipment to be furnished therefor; and WHEREAS, said bids were referred to and considered by this Council at its meeting on September 28, 1976; NOW, THEREFORE, IT IS ORDERED, as follows: 1. That this Council hereby rejects all of said.proposals . or bids except that hereinafter mentioned, and hereby awards the contract for doing the work and 'improvements and furnishing the supplies, materials, and equipment necessary therefor, to the lowest responsible bidder, to wit: Fred Julian & Associates at the_unit prices named in his. bid. 2. That the Mayor of said City is.hereby authorized to make and enter into a written contract with said successful bidder, and to receive and approve all bonds in connection therewith, and the Clerk of said City is hereby directed to attest his signature and affix thereto the official seal of said City. 3. The City Clerk shall, within five (5). days of the adop- tion of this resolution, transmit an Extract of Public Works Contract Award to the Department of Industrial Relations, Division of Appren- ticeship Standards, P. 0. Box 603, San Francisco, California 94101. Should a finding of any discrepancy regarding the ratio of appren- tices to journeymen be made,. the Clerk shall notify the Division of Apprenticeship Standards of such findings. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 5th day of October, 1976, by the following vote of the members thereof: on Gurnee- seconded by. OCunciman Petterson: Y� S, Councilmembers: Graham, Gurnee, Norris, Petterson & Mayor Schwartz NOES, Councilmembers: None r ABSENT, Councilmembers: None V I .(_7ierx or the city San Luis Obispo of the City of San Luis spo R 3145 ' &'tML:PLMCE:bz 9/22/76 15c RESOLUTION NO. 3144 A RESOLUTION DESIGNATING COLLECTION OFFICER McMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County., California, that the City Clerk of said City, be, and is hereby, appointed as the person to whom payment of assessments shall be made under Resolution No. 3024 of Preliminary Determination and of Intention adopted by this Council on Apri1.5, 1976, and that the office of the City Clerk in the City Hall, San Luis Obispo, California, is hereby designated as the place at which the said payments will be made, and the Superintendent of Streets is hereby relieved of all responsibility in connection with collecting said.assessments. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 5th day of October, 19768 by the following vote_of the members thereof: on motion of Councilman Petterson, seconded by Councilman Gurnee: AYES, Councilmembers: Graham, Gurnee, Norris, Petterson and MayorlSchwartz NOES, Councilmembers. None ABSENT, Councilmembers: None Mayor of the City of San Luis Obispo y Clerk of the City of San Luis Obispo I R 3144 'O"ML:PL.McE:bz 9/22/76 15c & �J RESOLUTION NO. 3143 A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING ASSESSMENT, AND ORDERING WORK AND ACQUISITIONS McMILLA_N SEWER ASSESSMENT DISTRICT RESOLVED,. by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS, on the 5th day of April, 1976, said Council adopted its Resolution No. 3024, a Resolution of Preliminary Determination and of Intention, that the public interest, convenience, and neces- sity required and that -it intended to order certain acquisitions and improvements therein particularly described, and referred the proposed acquisitions and improvements to the .City Engineer to make and file with the City Clerk a report'in writing in accordance with and pursuant to the Municipal. Improvement Act of 1913; WHEREAS., said report was duly made and filed with the City Clerk, whereupon the Clerk presented it to this Council for consid- eration; WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act, including (1) plans and specifications.of the proposed improvements, (2) estimate of costs, (3) diagram of district, (4) an assessment according to benefits, and (5) maps and descriptions of acquisi- tions to be made, all of which was done in the form and manner required by said Act; WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act and said Resolution of Preliminary Determination and of Intention, whereupon said Council, pursuant to the requirements . of said Act, appointed Tuesday, the 5th day of October, 1976, at the hour of 7:00 p.m. of said day in the Council Chambers, City Hall, San Luis Obispo, California, as the time and place for hearing protests in relation to said acquisitions and improvements and directing the Clerk of said City to give notice of said hearing as required by said Act; WHEREAS, it appears that notices of said hearing were duly and regularly posted, mailed, and published in the time, form, and manner required by said .Act, as evidenced by the certificates and affidavits on file with said Clerk, whereupon said hearing was duly and regularly held at the time and place advertised in said notices; R 3143. Resolution No. 3143 WHEREAS, one (1) interested persons objecting to said acqui- sitions and improvements, to the extent of the assessment district, to the proposed assessment and diagram, to the grades at which said work will be done, to the Engineer's estimate of the costs and expenses thereof, or to the maps and descriptions, filed written protests with the Clerk of said.City at or before the time set for said hearing, and all interested persons desiring to be heard were given an opportunity to be heard. All matters and things pertaining to said acquisitions and improvements were fully heard and considered by said Council, -- and said Council has acquired jurisdiction to order said acquisitions, improvements, and the confirmation of said diagram.and assessment to pay the costs and expenses thereof; NOW, THEREFORE, said Council does hereby FIND. DETERMINE, and ORDER, as follows: 1. That the owners of one -half of the area of the property to be assessed for the cost of said project did not-, at or prior to the time fixed for said hearing, file written protests against said acquisitions and improvements, against the Engineer's estimate of costs and expenses of said project, against the grades at which said work is proposed to be done, against the maps and descriptions,' or against the diagram and assessment to pay for the costs and expenses thereof. 2. That any and all protests made either to said proposed acquisitions and improvements, the grades at which said work is proposed to be done, the extent of the assessment district, the amounts of the several assessments, or the maps and descriptions, and desiring to be heard in relation to any of said matters, whether as protestants or otherwise, have been fully heard and considered and have been overruled. 3. That the district benefited by said acquisitions, improve- ments, and the exterior boundaries thereof, to be assessed to pay the costs and expenses thereof, as the district described in said Resolution of Preliminary Determination and of Intention. 4. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements., and of the incidental expenses in connection therewith, contained in said report be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said.acquisitions and improvements. 5. That the plans and specifications for the proposed im- provements contained in said report be, and they are hereby, finally adopted and approved as the plans and specifications to which said -2- Resolution No. 3143 work shall be done as called for in said Resolution of Preliminary Determination and of Intention. 6. That said Council does hereby order the acquisitions and improvements to be made and done as described in and in accordance with said Resolution of Preliminary Determination and of Intention on file in the office of the City Clerk, reference to which is hereby made for a more particular description of said acquisitions and improvements and for further particulars pursuant to the pro- visions of said Act. 7. That the diagram showing the assessment district referred to and described in said Resolution of Preliminary Determination and of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said district as.the same existed at the time of the passage of said Resolution, each of which subdivisions. having been.given a separate number upon said diagram as contained in said report, be, and it is hereby,,finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said acquisitions and improvements. 8. That the assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said acquisitions and improvements, and.of•the expenses inci- dental thereto, as contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said acquisitions and improvements. 9. That the maps and descriptions of the acquisitions to be made, as contained in said report, be, and the same are hereby, approved and confirmed. 10. That said Engineer's Report be, and the same is here- by, finally adopted and approved as a whole. 11. That the Clerk of this City shall forthwith deliver to the Acting Superintendent of Streets of said City the said assess- ment, together with said diagram thereto attached and.made a part thereof as confirmed by this Council, with his.certificate of such confirmation thereto attached and of the date thereof, and that said Acting'Superintendent of Streets shall forthwith record said diagram and assessment in his office in a suitable book to be kept for that purpose and append thereto his certificate of the date of such recording, such recordation being and constituting the assessment roll herein. 12. That the---Collection Officer,.upon the recording of said -3- Resolution No. 3143 diagram and assessment, shall mail or cause to be mailed to each owner of real property within the assessment district at his last known address as the same appears on the tax rolls of the City, or on file in the office of the City Clerk, at both addresses if said address is not the same, or at the general delivery when no address so appears, a statement containing a designation.by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the date- of the recordation of said assessment, the time and place of pay- ment thereof, the effect of failure to pay within such time, and a statement of the.fact that bonds will be issued on unpaid assess- ments pursuant to the Improvement Bond Act of 1915. As to property assessed by the State under Section 14 of Article XIII of the California Constitution, such statement.shall be mailed to every owner of such property at the address thereof shown on.the last board roll transmitted to the County Auditor. 13. That said Collection Officer shall also cause Notice to Pay Assessments to be published in the Telegraph - Tribune, a newspaper published and circulated in said City, that said assess- ment has been recorded as provided in Section 10402 of.the Streets and Highways Code, that the payment of all sums assessed thereon is to be made to the Collection Officer within thirty (30.) days. after the date of recording said assessment, which date shall be stated in said notice, and of the fact that bonds.will be issued upon unpaid assessments as above provided. Said publication shall be .made once a week for two successive weeks with at least five days intervening between the respective publication dates, not inclusive of such publication dates. 14. That final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, maps and descriptions of the lands and easements to be acquired, and the diagram and the assessment, all as contained in said Report, as hereinabove determined and ordered, is.intended to and shall refer and apply to said.Report, or any portion thereof, as amended, modified, revised, corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore.duly adopted or made by this Council. Resolution No. 3143 I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California, at a meeting thereof held on the 5th day of October, 1976, by the following vote of the members thereof: on motion of Councilman Gurnee, seconded by Councilman Petterson: AYES, Councilmembers: Graham, Guxnee, Norris, Petterson and Mayor Schwartz NOES, Councilmembers: None ABSENT, Councilmembers: None Mayor of the City of San Luis Obispo -5- ity Clerk of the City of San Luis Obispo �IL:PLMcE:bz 9%29/76 RESOLUTION N0. 3142 A RESOLUTION ORDERING REDUCTION OF ASSESSMENTS MCMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, California, that WHEREAS, the estimated cost of the project under Reso- lution No. 3024 of Preliminary Determination and of Intention adopted by the Council of said City on April 5. 1976, was $73,877.57, of which the City was to contribute $0, leaving a balance to.assess- ment of $73,877.57; WHEREAS, following the opening of bids for the work said estimate may be reduced to $64,877.57, of which the City will contribute $0, leaving a balance to assessment of $64,877.57; NOW, THE IT IS HEREBY ORDERED that the total assessment is hereby reduced to $64,877.57 and that each of the individual assessments shall be reduced by its pro rata share of the difference between the original assessment and the new.assess- ment. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the.City of San Luis Obispo; California, at a meeting thereof held on the 5th day of October, 1976, by the following vote.of the.members thereof: on motion of Councilman Graham, - seconded by Cou cilman.Petterson AYES, Councilmen: Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmen: None ABSENT, Councilmen: None &. Clerk of the City of San Luis Obispo, R 3142 :PLMCE:bz 9/27/76 15c RESOLUTION NO. .3141 A RESOLUTION DESIGNATING CITY ENGINEER TO ACT AS SUPERINTENDENT OF STREETS McMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that the City Enginer of said City be, and he-is hereby, appointed to act as the Superintendent of Streets for purposes of the proceedings had pursuant to Resolu- tion No. 3024 of Preliminary Determination and of Intention, adopted by this Council on .April 5, 1976, and the Superintendent of Streets is hereby relieved of all responsibility in- connection therewith. I hereby certify that the foreoin_g resolution was duly.and regularly passed and adopted by the City Council of the City of San Luis Obispo,. California, at a meeting thereof held on the 5th day of October, 1976, by the following vote of the members thereof: on motion of Councilman Gurnee, seconded by Councilman Petterson: AYES, Councilmembers: Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmembers: None .ABSENT, Councilmembers: None Mayor of the City of San Luis Obispo ty Clerk of the City of San Luis Obispo R 3141 ^fNII,;PLMcE:bz 9/22/76 15c RESOLUTION NO. 3140 A RESOLUTION OVERRULING PROTESTS ON RESOLUTION NO. 3024 OF PRELIMINARY DETERMINATION AND OF INTENTION MCMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS, this Council did on April 51 1976, adopt its Resolution No. 3024. of Preliminary Determination and of.Intention to acquire and construct public improvements in and for said City; WHEREAS, on August 23, 1976,.this Council adopted its Reso- lution No. 3123 appointing time and place of hearing protests in relation to the proposed acquisitions and improvements and directing notice; WHEREAS, notice was given of the time and place therein stated in the manner provided by law,.as appears.from the certi- ficates and affidavits on.file in the office of the City Clerk;. WHEREAS, said matter came on regularly for hearing at the time therein fixed; and WHEREAS, all written protests and.other written communica- tions were publicly read at said meeting and all persons.desiring to be heard were fully heard; NOW, THEREFORE, IT IS ORDERED,-as follows: 1. That protests against said acquisitions and improve- ments were not signed by 'the owners of a majority or more of. the area of the lands within the assessment district, or of the area of the lands within the assessment district assessed for the costs and expenses of said acquisitions and improvements. 2.. That said protests be, and each of them are.hereby, overruled. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City.of San Luis Obispo, California, at a meeting thereof held on the 5th day of October, 1976, by the following vote bf the members thereof: on motion of Councilman Gurnee, seconded by Councilman Petterson: AYES, Councilmembers: Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES, Councilmembers: None ABSENT, Councilmembers:None y Clerk of the City of or of t City of San Luis Obispo San Luis Obispo R 3140 RESOLUTION NO. 3139 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MODEL LINEN SUPPLY AND INDUSTRIAL SERVICE FOR JOINT PARTICI- PATION IN A SEWER IMPROVEMENT PROJECT. . BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and Model Linen Supply and Industrial Service for joint participation in a sewer improvement project is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Model Linen Supply & Industrial Service and Public Services Director. On motion of Councilman Gurnee seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris,.Petterson.and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of September . 1976. ATTEST: City Clerk Pro -Tem Approved as to form: WENDT, MITCHELL--,eeSINSHEIMER, DE LA MOTTE & LPLEY, INC. City Attorney rr'' Approved as to content: City Adfffflnistra4rive 11V icer n n Grimes Public Services Director R 3139 AGREEMENT This Agreement, dated ,-1976, is between the CITY OF SAN LUIS OBISPO.(hereinafter called City), and MODEL LINEN SUPPLY AND INDUSTRIAL SERVICE (hereinafter called Model Linen). �+IHEREAS, the sewer line in South Street, between Model Linen and Higuera Street, is inadequate to handle current and anticipated sewer flows, resulting in serious inconvenience and cost to both Model Linen and the City; and WHEREAS, both Model Linen and the City have agreed that it is to their mutual advantage to enlarge this line.: NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall prepare plans and specificat -ions, con= tract documents, make award and inspect as necessary, to install a new eight inch (3',') sewer line between the'Model.Linen connec- tion and the.existing sewer main in Higuera Street. 2. Upon completion of the improvement, the Citv will accept this Line into its normal maintenance schedule without special cost to Model Linen. 3. Model Linen agrees to deposit.uiith the City within ten (10) days of receipt of bids for the project, one -half the cost of the construction needed to finance this improvement (total cost for improvement is..now estimated at,$7,500.00). 4. Both parties agree, upon receipt of an accounting to be prepared within thirty (30) days of completion of the project, that a pro rata share of cost savings will be refunded to Model Linen. Model Linen shall not be obligated to any share of cost increases if the cost of the .project,exceeds the estimate of $7,500:00. 5. City agrees that the.new sewer line will'.be for the exclusive use of Model Linen, and that''no`other,,'connections will be made to this line without express written permission of Model Linen. IN WITNESS WHEREOF, the paities..hereto_'have caused this Agreement to be executed. MODEL,LINEN SUPPLY AND INDUSTRIAL SERVICE By:� Title: CITY OF SAN LUIS OBISPO By: Mayor ATTEST: City Clerk Approved as to f orm: DAVIS, I +TEND.T, MITCHELL & INSHEIMER City Attorney i By: - 2 .- 3 - RESOLUTION NO. 3138 .(1976 Series; A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BET14EEN THE CITY AND CROMMELIN - PRINGLE AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES CONCERNING THE ALLIGNMENT OF THE ORCUTT ROAD GRADE SEPARATION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and Crommelin- Pringle.and Associates, Inc. for professional services relative to the allignment of the Orcutt Road Grade Separtion. is hereby approved and the Mayor is authorized to execute same. 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 Crommelin- Pringle and Associates, Inc. On motion of Councilman Norris ,seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th of September 1976 . ATTEST: City Clerk o - z Approved as to form: WENDT, MITCHELL, SINSHEIMER; DE LA MOTTE & LILLEY, INC. City Attorney By Allen Grimes day R 3138 rA I. AGREEMENT FOR CONSULTANT.SERVICES PARTIES The parties to this consulting agreement are the City of San Luis Obispo, a municipal corporation (The "City "), Crommelin- Pringle and Associates, Inc. (The "Consultant "). II. RECITALS The City is desirous of obtaining the services of the Consultant in connection with the preparation of an Environmental Impact Report. The Consultant is experienced in environmental issues and is willing to prepare said report for a grade separation of Orcutt Road and the Southern Pacific Railroad tracks on the following terms and conditions. III. SCOPE OF SERVICES The Consultant shall provide an Environmental Impact Report for a grade separation of Orcutt Road and the Southern Pacific Railroad tracks as set forth in Exhibit A (Proposal). IV. NUMBER OF COPIES The Consultant shall provide forty (40) copies of the report to the City, or as specified in Exhibit A. V. 'PERFORMANCE BY PERSONNEL The Consultant may associate with or employ associates in the performance of its services under'this Agreement, but at all times shall be respon- sible for their services. VI. COMPENSATION A. Basic Services. The City agrees to pay to the Consultant a sum not to exceed $5,000.00 for its services hereunder based upon an itemized statement of those services, unless otherwise.provided herein. In- eluded within the computation of the compensation provided for by this Agreement are all of Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including the normal costs of travel in the Southern California area. Compensation for travel .time and reimbursement of expenses attributable to extraordinary travel shall be paid only if such travel and compensation and reim- bursement therefore have been specifically authorized in writing by the City. VII. METHOD OF PAYMENT A. Basic Services Statements shall be submitted monthly for work in progress or upon completion of the work. B. .Additional Services Within five (5) days after the first of each calendar month the Consultant shall submit a verified statement containing a breakdown of additional services performed by the Consultant in connection with other additional services requested by the M1 City during the preceding month specifying the services performed by dates and number of hours of. each class of personnel. VIII. INTERESTS. OF CONSULTANT The Consultant convenants that it presently has no interest and shall not acquire any interest direct or indirect which would conflict in any manner or degree with the performance of the services contemplated by,this Agreement. No person having any such interest shall be employed by or associated with Consultant. IX. FINDING CONFIDENTIAL: OWNERSHIP OR REPORTS, INFORMATION, ETC. All of the reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential and-the Consultant agrees that they shall not be made available to any individual or organization without the prior written consent of the City. All such reports, information, data and exhibits shall be the property of the City and shall be delivered to the City. All such reports, information, data and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. X. NOTICES Any notices required to be given hereunder shall be in writing with copies and directed herein and shall be personally served or given by when de- posited in the United States mails, certified and postage prepaid, addressed to the party to be served as follows: To City: City of San.Luis Obispo PO Box 321 San Luis. Obispo, CA 93406 To Consultant: Crommelin- Pringle & Associates, Inc. 1146 Yorba,.Linda Boulevard Placentia, CA 92670 XI. ATTORNEY FEES A. If any person not a party to this Agreement shall�.institute an action against the Consultant in which the City involuntarily and without a cause shall be made a party defendant, the Consultant shall indem- nify and save the City harmless from all liabilities by reason thereof, including reasonable attorney's fees and all costs incurred by the City in such action. B. In the event that either party hereto fails to comply with any of the terms of the Agreement to be complied with on its part and the other party commences legal proceedings to enforce any of the terms of this Agreement or to terminate this Agreement, the prevailing party in such suit shall receive from the other a reasonable sum as attorney fees and costs as may be established by the court or jury. -2- XII. ASSIGNMENT The Consultant shall not assign or otherwise t- ransfer its rights and obligations under this Agreement without the prior written consent of the City. Any such assignment without such consent shall be void and shall, at the option of the City, terminate this Agreement. XIII. EXTENT OF AGREEMENT This Agreement represents the entire integrated agreement between the City and the Consultant and supersedes all prior negotiations, repre- sentations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and the Consultant. XIV. EXECUTION This Agreement is executed on the 21et day of Sen-temben , 1976. City Attorney for the City of San Luis Obispo WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE & LILLEY, INCORPORATED by Allen Grimes ATTEST: City Clerk of the City San Luis Obispo �?Ro --rt A4 By By. Approved as to Content: City Administrative Of cer city En e -3- r'i r EXHIBIT A L� CPOMMELIN■PRINGL.E ANO ASSOCIATES. INC. URBAN TRANSPORTATION ANO TRAFFIC ENGINEERS 1146 VORBA LINDA BOULEVARD September 10, 1976 Mr. Wayne Peterson City Engineer City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 Dear Mr. Peterson: PLACENTIA. CALIFORNIA 92670 TELEPHONE (714) 993 -4130 We are pleased to submit this proposal to provide professional services to the City of San Luis Obispo relative to the preparation of an Environmental Impact Report (EIR) for the Orcutt Road Grade Separation. This proposal is based upon the information provided and our meeting with you, Mr. Romero and Mr. Strong on September 8, 1976. In general, the work would consist of an analysis of the proposed alignment and geometrics as well as the preparation of an environmental analysis. Previous alignments would be reviewed from an environmental impact viewpoint. The ulti- mate product would be EIR.suitable for submission to the Public Utilities Commission as a part of the application for funding. We would envision the following work items to be required for the completion of this study: 1. Data.Collection We would assemble all data pertinent to the study. This would include previous studys and reports, traffic counts, accident data, environmental q data, engineering plans, General Plan Land Use and Circulation Elements, and similar data. After review of the available data, a physical resources inventory of the site would be conducted. Members of the Consultant staff will spend sufficient time in the field to become thoroughly familiar with existing conditions. Meetings would be held with members of the City Staff and others to obtain and clarify any questions relative to the project. CPoA OFFICES IN LOS ANGELES AND ORANGE COUNTIES • -2- 2. Alignment Analysis A detailed review w6uld be madeoof the previous engineering alignment studies. The review would include the ability of each plan to serve the existing and future circulation needs of the area. Consideration would be given to the access needs of Bullock Lane and the.amount of property that would have to be acquired for various alignments.. A sketch would be prepared for each alternative indicating the major geometrics. These would not be design drawings, but would contain sufficient data for the development of detail design. 3. Traffic Impact.Analysis A traffic impact analysis would be prepared to conform to the EIR require- ments of the City and State. This would include a description of existing conditions and the impact.of each alternative plan. Factors to be considered would include safety, traffic delays and overall circulation requirements of the area. Also included would be delays to emergency and transit vehicles and other public safety related factors. . 4. Visual Impacts The proposed height of the separation will impact the local viewshed. Line - of -eight drawings shoOd be developed to portray impact constraints and to aid in mitigation planning, such as shielding via landscaping. 5. Noise.and Vibrational Impact The proposed action (depending on Design) may serve to attenuate sound levels from the Southern Pacific .line. Therefore a foremost objective will be to deMmate the extent of attenuation achieved. In addition, a number of auxiliary impacts are anticipated which will be given equal consideration to determine the net impact of the grade separation as, proposed. Among these items will be the impact of the planned overcrossing upon auto - related noiseslevels, and vibrational characteristics associated with the general area. Data will then be collected.which describes noise contributions from each railroad source, especially operational features. All noise will then be reviewed for impacts and mitigation recommended.if necessary. 6. Hydrology Although numerous drainage facilities pass within close range of the study area, the proposed rail corridor may encounter drainage problems. To ex- plore this possibility, flood potential will be.analyzed as•we.11 as the proceddressto handle such events. Further, potential ground water problems exist with below grade alternatives. Ground water characteristics will be reviewed and considered in relation to constraints. AA • ~� -3- 7. Air Quality The impact of slightly enclosing the rail corridor upon air quality will be examined. This analysis will involve coordination with, Southecn Pacific as to the Characteristics of tail travel and emission data available from the EPA. Pollutant dispersion characteristcs will be developed to clarify impacts. 8. Socio- Economics Data previously developed by CAL -TRANS and others will be used to investi- gate relocation impacts on local residents. 9. Growth Impacts The prime alternative will be compared to the General Plan and circulation elements to determine compatibility and the relationship of the alternative to potential growth in the City. 10. Report A report w0ld be prepared summarizing our findings and conclusions. The re- port would be illustrated and contAin the required supportive data. It is understood that camera -ready copy is to be submitted for reprodudtion by the City. City to Provide It is understood that the City will provide all available data pertinent to the study to the consultant at no cost. Time. Schedule We are prepared to begin work upon this project upon receipt of a contract from the City. .It is anticipated that the camera -ready copy,of the draft EIR could be submitted to the City by December 1, 1976. Fee our fee for the work outlined in this proposal shall be based upon personnel charges plus direct expenses as shown in our Standard.Rate Schedule and Schedule of Fees, copies of which are attached and made a part hereto. In no case will the total fee exceed $5,000.00 without prior approval. Due to various unknowns all additional work, including responses,to comments, preparation of final EIR and attendance at public hearings will be based upon the Rate Scgedules in addition to the above stated maximum or in a mutually acceptable supplemental agreement. The additional work shall be conducted when authorized by the City. • -4- ualifications The work would be conducted with the assistance of Westec Services, Inc. Our previous submittals have included detailed information on the qualifications And experience of both.firms:. Mr.. Weston S. Pringle, P.E. would have overall responsibility for the work and Mr. Michael.W. Wright would be responsible for the work to be completed by Westec Services., Inc. We appreciate:having this opportunity of submitting this proposal fo the City of San Luis Obispo and look forward to our involvement in this stud I. If'there are any questions or additional information is required, please let me know. Respectfully submitted, CROMMELIN- PRINGLE AND ASSICATES, INC. Weston S. Pringle,P.E. Vice President WSP:ww RESOLUTION NO. 3137 (1976 Series) .A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PARCEL MAP NO. S.L.O. 76 -259 (Mr. S. Bunya cant; Location: Johnson Avenue) AND ACCEPTING AN EASEMENT FOR UTILITIES. WHEREAS, the following findings regarding the subject . final map were made in conformity with the State Subdivision Map- Act: 1. The map-and subdivision design are consistent with the adopted General Plan. 2. The map promotes a development type and residential density which are suitable for the physical characteristics of the site. 3. The subdivision design and related improvements will not cause substantial environmental damage nor would they be in- jurious to fish or wildlife or their habitat. 4. The subdivision design-.and related improvements will not be.l=ikely-to-.cause serious public health problems. 5. The subdivision and related improvements will not conflict with any public easements for access through or use of the subject property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Parcel Map No. S.L.O. 76 -259, Johnson Avenue, (Mr. Bunya., Applicant) be approved and the easement for utilities be accepted. On motion of Councilman Petterson , seconded by Councilman Graham TG:js 9/13/76 , and on the following roll call vote: Resolution No. 3137 —. 2 (1976 Series) AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of September 1976. ATTEST:. pity =er Pro -Tem Approved as to fo-rm: Approved as to content: WENDT, MITCHELL, FINSHEINER, DE:LA_MOTTE & LIL EY, INC., City Attorney City Adinistrativ dicer e By Allen Grimes js 9/13/76 Page 2 r-. RESOLiil'ION NO. 3136 (1976 Series) — A RESOLUTION OF. INTENTION 'TO _ABANDON_A .._; PORTION OF MURRAY AVENUE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. It is the intention of the City of San Luis Obispo to abandon a portion of Murray Avenue shown on the map marked Exhibit "A" attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. 2. Copies of the map and- agreement -.showing _ theparticulars; -of.the proposed abandonment are also on file in the Office of the City Clerk. 3. Tuesday, October 26, 1976, at 7:00 P. M., in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this Resolution. 4. This Resolution, together,with the ayes and noes, shall be published once in full, at least three (3) days before the public hearing on the pro= posed abandonment, in the Telegram - Tribune, a newspaper published and cir- culated in this City. 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along the portion of the street proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with §8322 of the Streets and Highways Code. 6. The proceedings to be taken will be subject to reservation by the City of public easements described on Exhibit "B" attached hereto and incorporated herein by reference. R 3136 ktm 9/20/76 Resolution No. 3134 �f976 Series) On motion of Councilmen Graham seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of September 1976. ATTEST: . m roved as to form: WEND , ITCHELL SII� DE LA.MO 6 LILL City Attorney By Allen Grimes ktm 9/20/76 Approved as to content: INC. City Administrative Nfficef City Engine r_ 17 0 0 SMITFt `�TErtty EFL E, wat rl UNIT "Arr A permanent easement is hereby reserved for Pacific Gas &Electric Company, Southern California Gas Company, Pacific Telephone and Telegraph Company and the City of San Luis Obispo for their utilities in their present location and the installation and maintenance of new facilities within.the easement described below: Beginning at the northwest corner of Block 2 of the Arlington Addition as recorded in Book 1 of Maps, at Page 24 in the office of the County Recorder; thence easterly along the southerly line of Murray Street to the westerly line of the Southern Pacific Railroad Company R /W, thence northwesterly along said railroad R/W to the northerly line of Murray Street; thence westerly along said northerly line of Murray Street to the southwesterly corner of Block 3 of said Arlington Addition; thence southwesterly to the northwest corner of Murray and Hathway; thence easterly on a prolongation of the northerly line of Murray a distance`of.10.00 feet more or less, thence on a curve to the southeast tangent to the northerly line of Murray Street with a radius of 40.00 feet to a point of tangency on the easterly line of Hathway Street; thence northerly along said southerly line of Hathway Street to the P.O.B. Alin b ►► RESOLUTION NO. 3135 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ERNIE MILLER FOR CONSTRUCTION INSPECTION SERVICES. BE IT RESOLVED by the Council of the City of San. Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the office of the City Clerk, between the City and Ernie Miller to provide construction inspection services to the City for the "Cross -Town Feeder, Phase II," City Plan No. 11 -76, is hereby approved and the Mayor is authorized to execute the same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to Mr. Ernie Miller, 659 Kern Avenue, Morro Bay, CA 93442. On motion of Councilman Gurnee . seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution.was passed and adopted this 15th day of September , 1976. ATTEST: ,/- fty - _ Approved as to form: Wendt, Mitchel I l Sinsheimer, De La Motte & lley, Inc. City Attorney By Allen Grimes" R 3135 f, CONSTRUCTION INSPECTOR EPT_DLOYMENT CONTRACT This Agreement, dated for convenience as of September 1, 1976, is by and between the City of San Luis Obispo, a chartered municipal corporation of the State of California (hereinafter sometimes referred to as "City ") and ERNIE MILLER, an independent contractor providing construction inspection services (hereinafter sometimes referred to as "Contractor "). WITNESSETH: �- WHEREAS, City desires to employ an independent contractor to provide construction inspection services for the City for the "Cross -Town Feeder, Phase 2, ". City Plan No. 11 -76; and WHEREAS, after careful consideration and evaluation of the qualifications of several persons offering to provide said services, the City has selected Ernie Miller as the contractor best qualified to provide said services. NOW, THEREFORE, City and Contractor, for and in consider- ation of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. The Contractor will provide construction inspection services to the City for the Cross -Town Feeder, Phase 2, project from September 1, 1976, until the construction is completed and the facilities are ready for use by the City,. 2. Contractor will be paid $80.00 per day. Days worked shall correspond to days worked by the waterline contractor plus additional days authorized by the City Engineer. All holiday work will be computed at the standard rate. Payment will be made after the first Council meeting of each month beginning October, 1976. The pay period each month will end the day before the accounts payable closing date for the first Council meeting of the month. WAP:js 9/7/76 Page 1 of 4 3. The City will reimburse the Contractor for out -of- pocket expenses incurred in keeping a photographic record of�the job. Reimbursement will be paid monthly. 4. Contractor will provide his own vehicle for transpor- tation and shall provide evidence of liability insurance naming City as additional insured. Amounts of coverage shall be 100/300/50. 5. The City will not provide retirement, workmen's com- pensation, medical insurance, vacation, holiday, sick leave or other fringe benefits. 6. The City agrees to provide office space for the per- formance of Contractor's duties. 7. This agreement shall remain in full force and effect through January 1, 1977, shall be renewed automatically thereafter for successive one -month periods commencing January 1, 1977, and the first of each month thereafter unless sooner terminated as hereinafter provided. This agreement will automatically terminate upon acceptance of the work by the City Council. 8. Either party may terminate this agreement at any time by providing fifteen (15) days written notice of termination to the other party. 9. The Contractor is responsible for insuring that the project is constructed in accordance with the plans and specifi- cations approved by the City. Additional responsibilities include keeping detailed, accurate records of the work that is accomplished, including who worked, their trade or specialty, the types of equipment used and a general reference to what was done. In addition, the Contractor shall keep detailed records of decisions or work that is or could be controversial in nature. Contractor shall prepare all pay estimates, change orders, and such other documents as are common to public works inspection. Upon the completion of the job or upon termination of this agree- ment, which ever occurs first, all documents and records shall be delivered to the City and become the property of the City. WAP:js 9/7/76 Page 2.of 4 10. The Contractor represents the City as Owner of the project. The Contractor is to consult with the City Engineer whenever there is a question of interpreting the plans and specifications and whenever there is need for some action on the part of the City.. 11. Notwithstanding the foregoing provisions or any other representations, oral or written, between the parties, including any and,all agents or representatives thereof, Contractor, 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. Any and all supervision and direction by the City, or any City official, department or body shall be only that necessary to provide broad general outlines, and Contractor is to use his own initiative and discretion in performing the details of his work. The records required by City to be kept by Contractor under this agreement are solely to provide City with criteria for evaluating the overall value of this and subsequent contracts, and not as details to establish performanch or non - performance by Contractor. 12. All notices in connection with this agreement shall be deemed delivered when placed in the First Class U.S. Mail in a properly stamped envelope, addressed to the other party at the address shown below: CITY: City of San Luis Obispo City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 CONTRACTOR:. Ernie Miller 659 Kern Avenue Morro Bay, CA 93442 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed. CONTRACTOR V � Ernie Miller. R WAP:js 9/7/76 Page 3 of 4 i ATTEST: City Clerk Approved as to form: WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE & LI4LEY, INC. City Attorney I by Allen Grimes CITY OF SAN LUIS OBISPO VIM Approved as to content: i City Administrativ Officer WA.P: j 9/7/76 Page 4 of 4 RESOLUTION NO. 3134 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND JAMES T. FICKES FOR DESIGN AND SUPERVISION OF FIRE STATION CONSTRUCTION AND PROCESSING OF GRANT APPLI- CATION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and James T. Fickes, for design and supervision of construction of Fire Station No. 4 and work on the grant application is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: James T. Fickes. On motion of Councilman Gurnee seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 22nd 'day of September 19 76. ATTEST: C' erk R 3134 THE A IERKAN. INSTITUTE OF ARC. E� I S, / d AIA Document B137 Ag Owner and Architect on a basis of a PERCENTAGE OF CONSTRUCTION COST THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCZS; CONSULTATK)i`r WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR moblFICATION AGREEMENT made this 20th day of September in the year of Nineteen Hundred and Seventy siT BETWEEN The City of San Luis Obispo, Caliornia the Owner, and James T. Fickes the Architect. Architect, A.I.A. 194 See Canyon Road, San Luis Obispo, Ca. It is the intention of the Owner to Erect a Fire.Statior. at the corner of Madonna Road and Los Osos Valley Road, he;eihafter referred to as the Project: The Owner and the Architect acree asset forth below. AIA DOCUMENT B731 r 011'Jf.R- PRCIi?TF.CT AGREINIEN "r (PERCENTAGE) • APIRN. 1970 FUITIOtJ . :M A0 J 1970. THE AMERICAN INSTITUTF of ARCHITECTS, 1735 NEW YORK AVE., N.L�'.,. \YASHINGTON, U. C. -10005 '( I. THE ARCHITECT shall provide professional services for the Project in accordance with the Terris and Conditions of this Agreement. II. THE OWNER shall compensate the Architect, in accordance with the Terms and Conditions of this Agreement, as follows: a. FOR THE ARCHITECT'S BASIC SERVICES, as described in Paragraph 1.1, .Basic Compensation computed at the following percentages of the Construction Cost, as defined in Articie 3, for portions of the Project to be awarded under A Single Stipulated Sum Contract ter. & 510 ' ^' per cent (1.0., ;a� �Se.13 Art. . Seft aEtg °x.14 added; der cei;k (. :_ 011 - c @.•.-... ;,. Q;g1 Plug c,,,, r-__'___' � � � of AN INITIAL PAYMENT of No dollars ($ 00. 00 ) shall be made upon the.execution of this Agreement and credited to the Owner's account. h. FOR THE ARCHITECT'S ADDITIONAL SERVICES, as described in Paragraph 1.3, compensation computed as follows: Principals' time at the fixed rate of thirty dollars ($ 30. 00 ) per hour. For the purposes of this Agreement, the Principals are: James T. Fickes Architect A.I.A. Employees' time computed at a multiple of three ( 3 ) times the employees' Direct Personnel Expense as defined in Article 41 hourly pay rate. Additional services of professional consultants engaged for fhe normal structural, mechanical and electrical engineering services at Ra.t r• the am unt bi ed to -Nrch to for.such additional services. For riYl` -o a! r i enrionees � eh`'ee nr y. rake c Arc�i. ; &- �iheir employees, same nu-1—n :e as 5r Services of other professional consultants ata,tae -ef f a ,"' i mount billed tp the Architect for such services.(and with prior agreement rJltri owner as to charge's.) The rates and - multiples set forth in this Paragraph IO%vill be subject to renegotiation if the services covered by'this Agreement have not been completed within ( 24 ) months of the.date hereof. C. FOR THE ARCHITECT'S REIMBURSABLE EXPENSES, amounts expended as defined in Article 5. d. THE TIMES AND FURTHER CONDITIONS OF PAYMENT. shall be as described in Article 6. AIA DOCUMENT 13131 • OwNrR-ARCHITECT AGREE•NAENT (PERCENTAGE) • APRIL 19 -0 EDITION • AIAO 01970- THE AMERICAN INSTITUTE OE ARCHITECTS, 1,35 NEW YORK AVE., N.W., WASHINGTON, D. C. Zoom 2. TERMS AND CONDITIONS OF AGREUvIENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ARCl:IT -CCT'S SERVICES 1.l BAS-C SERVICES The '.Architect's Basic Services consist of the fire phases described below and include normal Struc- tural, mechaniral and electrical engineering services. SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall consult with the Owner to as- certain the requirements of the Project and shall confirm such requirements to the Owner. 1.1.2 The Architect shall prepare Schematic Design Studies consisting of drawings and other documents illus- trating the scale and relationship of Project components for approval by the Owner. 1.1.3 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. DESIGN DEVELOPMENT PHASE 1.1.4 The Architect shall prepare from the approved Schematic Design Studies, for approval by the Owner, the Design Development Documents consisting of drawings and other ' to fix and describe the size and character of the entire Project as to structural, mechani- cal and electrical systems, materials and such other essen- tials as may be appropriate. 1.1.5 The 'Xrchitect shall submit to the Owner a further Statement of Probable. Construction Cost. CONSTRUCTION DOCUMENTS PHASE 1.1.6 The Architect shall prepare from the approved De- sign Development Documents, for approval by the Own- er, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project including the necessary bidding information, and shall assist in the preparation of bidding forms, the Con- ditions of the Contract, and the form of Agreement be-. tween the Oyvner and the Contractor. 1.1.7 The Architect shall advise the Owner of any ad- justments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.1.3 The Architect sha!I assist the Owner in filing the required documents for the approval of governmental authorities having jurisdiction over the Project. BIDDING OR NEGOTIATION PHASE 1.1.9 The Architect, folloy, inr, the Owner's approval of the Construction Documents and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and in awarding and preparing construction contracts. CONSTRUCTION PHASE — ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.1.10 The Construction Phase will commence with the award of the Consuuction Contract and v.il! te,minate when the final Cellificate for Payrncni. is issued :o the Owner. 1.1.11 The Architect sha!I provide Administration of the Construction Contract as set forth in Articles 1 throu,h 14 inclusive of the latest edition of AIA DCCUment A2u1. t :;en- eral Conditions of the Con(ract for Construction, and :he extent of his duties and responsibilities and the limitations of his authority as aliened ihere6nder shaii not be modi- fied without his written consent. 1.1.12 The Architect, as the representative of the Owner during the Construction Phase, shall advise arc consult with the Owner and all of the Owner's instructions to the Contractor shall be issued through the Architect. The Architect shall have authority to act on behalf of the Owner to the extent provided in the Cenerai Conditions un!ess otherwise modified in writing. 1.1.13 The Architect shall at all times have access to the Work wittetever it is in preparation cr pro;resS. 1.1.14 Thu Architect shall make periodic .visits to the site to familiarize himself generally with the praress and quality of the Work and to determine in^_ene,a! if tf e Work is proceeding in accordance with the Contract Doc- uments. On the basis of his on -site observations as an architect, he shall endeavor to guard the O vner against defects and deficiencies in the Work of the Contractor. The Architeci shall not be required to make exhaustr.e or continuous on•sita inspections to check the et:aii '.v or quantity of the Work. The Architect shall not be recoon- sible for, construction means, methods, tech: ie.:es, se- quences or procedures, or for safety precauCr?,na and programs in connection with the Work, and he s' -a!! not be responsible for the Contractor's failure to earn out the Work in accordance with the Contract Documents. 1.1.15 Based on such observations at the site and on tl/e Contractor's Applications for Payment, the Architect shai! determine the amount owing to the Contractor and chaff! issue Certificates for Payment in such amounts. The is- suance of a Certificate for Payment shall constitute a rep- resentation by the Architect to the Owner, based on the Architect's observations at the site as provided in Sub- paragraph 1.1.14 and on the data comprising the cation for Payment, that the 11'ork has progressed to the point indicated; that to the best of the Architect's kno•.vl- edge, information and belief, the quality of the t•,'ork :s in accordance with the Contract Documents isebiect to an 6aluation of the Work for conformance vJtL tee Con- tract Documents upon Substantial Comolet on, to :he re- sults of any subsequent tests required by the Contract Dcc- AIA DOCUM ENT 13131 • OwNER- ARCHITECT AGREE.NIEN t " (PERCENTAGE) • APRIL 1970 EDITION • AIA& © 1970 • THE ANIERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.w.,'WASHINGTON, D. C. _1_000,; 3 ner �'C uments, to minor deviations from the Contract Documents correctable prior to completion, and to any specific quali- fications stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount cer- tified. by issuing a Certificate for Payment, the Architect shall not be deemed to represent that he has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 1.1.16 The Architect shall be, in the first instance, the interpreter of the requirements of the Contract Docu- ments and the impartial judge of the performance :here- under by both the Owner and Contractor. The Architect shall make decisions on all claims of the Owner or Con- tractor relating to the execution and progress of the Work and on all other matters cir questions related thereto. The Architect's decisions in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents. 1.1.17 The Architect shall have authority to reject Work which does not conform to the Contract Documents. Whenever, in his reasonable opinion, he considers it neces- sary or advisable to insure the proper implementation of the intent of the Contract Documents, he will have author- ity to require special inspection or testing of any Work in accordance with the provisions of the Contract Docu- ments whether or no: such Work be then fabricated, in- stalled or completed. 1.1.18 The Architect shall review and approve shop drawings, samples, and other submissions of the Contrac- tor only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. 1.1.19 The Architect sha!I prepare Change Orders. 1.1.20 The Architect shall conduct inspections to de- termine the Dates of Substantial Completion and final completion, shall receive and review written guarantees and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.1.21 The Architect shall not be responsible for the acts or omissions of the Contractor, or any Subcontractors, or any of the Contractor's or Subcontractors' agents or employees, or any other persons performing any of the Work. 1.2 PROIECT REPRESENTATION BEYOND BASIC SERVICES 1._2.1 If more extensive representation at the site than is described under Subparagraphs 1.1.10 through 1.1.21 inclusive is'required, and if the Owner and Architect agree, 41w -,0ft�4@�shall provide one. or more Full -Time Project Representatives to assist the Architect. 1.2.2 Such Full -Time Project Representatives shall be selected^ mployed a + 4.-4 by the `1 - .; =Ttko- 1.2.3 The duties, responsibilities and limitations of au- thority of such Full -Time Project Representatives shall be set forth io « P @--'- -1 t_ Ili s ,,...._ ...,,_. w he on -site observation ect Representari e c. all endeavor to provide further protection die Own nst defects in the Work,'but tr rnishing of SL project pntation shall n ai<e the Architect responsible for constru 1s, methods, techniques, sequences or proce or for sa t recautions and pro- grams, or a Contractor's failure to pe e 1 cordance with the Contract Documents. A 1.3 ADDITIONAL. SERVICES If any of the following Additional Services are authorized by the Owner, they shall be paid for by the Owner as hereinbefore provided. 1.3.1 Providing special analyses of the Owner's needs, card -}cage of the Project. 1.3.2 Providing financial feasibility or other special studies. 1.3.3 Providing planning. surveys, site evaluations, or comparative studies of prospective sites. 1:3.4 Providing design services relative to future facili- ties, systems and equipment which are not intended to be constructer: as part of the Project. 1.3.5 Providing services to investigate existing condi- tions or facilities or to make measured drawings thereof, or to verify the accuracy of drawings or other informa- tion furnished by the Owner. 1.3.6 Preparing documents for alternate bids or out -of- sequence services requested by the Owner. 1.3.7 Providing Detailed Estimates of Construction Cost or detailed quantity surveys or inventories of material, equipment and labor. 1.3.8 Providing interior design and other services re- quired for or in connection with the selection of furniture and furnishings. 1.3.9 Providing services for planning tenant or.rental spaces. 1.3.10 Making major revisions in Drawings, Specifica- tions or other documents when such revisions are incon- sistent with written approvals or instructions previously given and are due to causes beyond the control of the Architect. 1.3.11 Preparing supporting data and other services in connection with Change Orders if the change in the Basic Compensatioh resulting from the adjusted Contract Sum is not commensurate with the services required of the Architect. 1.3.12 Making investigations involving detailed ap- praisals and valuations of existing facilities, and surveys . or inventories required in connection with construction performed by the Owner. 1.3.13 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing professional services of the type set forth in Paragraph 1.1 as may be required in connection with the replacement of such Work. 1.3.14 Providing professional services made necessary by the default of the Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract. 13.15 Preparing a set of reproducible recnrd prints of drawings showing significant changes in the Work made AIA DOCUMENT 0131 • OIVNEB- A"CIIITECT AGREEAIENT (PERCENTAGE) • APRIL 1970 EDITION • AI';,-' 4 © 1970 • TILE ASIERICAN INSI'I "LUTE or ARCHITECTS, 1,35 NEW YORE: AVE., N.W., WASHINGTON, D.C. JOu06 C. during the construction process, based on marked -tip prints, drawings and other data furnished by the Contractor to the Architect. 1.3.16 Providing extensive assistance in the utilization of any equipment or system such as initial start -up or test- ing, adjusting and balancing, preparation of operating and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.3.17 Providing Contract Administration and observa- tion of construction after the Construction Contract Time has been exceeded or extended by more than 30 days through no fault of the Architect. 1.3.18 Providing services after issuance to the Owner of the final Certificate for Payment. 11.3.19 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceed- ing or iegal proceeding. 1.3.20 Providing services of professional consultants for other than the normal structural, mechanical and electri- cal engineering services for the Project. 1.3.21 Providing. any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 2 THE 01AINER'S RESPONSIBILITIES 2.1 The Owner shall provide full information regarding his requirements for the Project. 2.2 The Owner shall designate, when necessary, a rep- resentative authorized to act in his behalf with respect to the Project. The Owner or his representative shall exam- ine documents submitted by the Architect and shall render decisions .pertaining thereto, promptly, to avoid unreasonable delay in the progress of the Architect's work. 2.3 The Owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights -of -way, restric- tions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings. other improvements and trees: and full information concerning available service and utility lines both public and private, above and below grade, including inverts and depths. 2.4 The Owner shall furnish the services of a soils engi- neer or other consultant when such services are deemed necessary by the Architect, including reports, test borings, test. pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. 2.5 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law or the Contract Documents. 2.6 The Owner shall furnish such legal, accounting, and insurance counselling services as may be necessary for the Project, and such auditing services as he may require to U01 ascertain how or for what purposes the Contractor has used the moneys paid to him under the Construction Contract. 2.7 The services, information., surveys and reports re- quired by Paragraphs 2.3 through 2.6 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely .upon the accuracy and completeness thereof. 2.8 If the Owner observes or otherwise becomes av :are of any fault or defect in the Project or non - conformance with the Contract Documents, he shall give prompt writ- ten notice thereof to the Architect. 2.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 The Construction Cost to be used as the basis for determining the Architect's Basic Compensation sh311 be the total cost or estimated cost to the Owner of all Work designed or specified by the Architect, which shall be determined as follows, with precedence in the order listed: 3.1.1 For completed construction, the total cost of all such Work; 3.1.2 For Work not constructed, (1) the lowest bona fide . bid received from a qualified bidder for any e. all of such Work, or (2) if the Work is not bid, the bona fide nego- tiated proposal submitted for any or all of such Work; cr 3.1.3 For Work for which no such bid or proposal is received, (1) the latest Detailed Estimate of Construction Cost if one is available, or (2) the latest Statement of Probable Construction Cost. 3.2 Construction Cost does not include the compensa- tion of the Architect and consultants, the cost.of the land, rights -of -way, or other costs which are the responsibilir'/ of the Owner as pro 'd in Paragraphs 2.3 through 2.6 inclu� ve. lotrt 3.3 eurnts� y ie Owner for the Project shall be included in the . onstruction Cost at current market rates including a reasonable allowance for overhead and profit. materials and equipment furnished by the Gvner shall be included at current market prices, except that used materials and equipment shall be included as if pur- chased new for the Project 3.4 Statements of Probable Construction Cost and De- tailed Cost Estimates Prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the.Architect nor the Owner has any control over the cost of labor, materials or equipment, over the con- tractors' methods of determining bid prices, or over com- petitive bidding or market conditions. AccordingIv, t:!-e Architect cannot and does not guarantee that bids %cif; not vary from any Statement of Proba bie Construction Cost or other cost estimate prepared by him. AIA DOCUMENT 6131 • OWNER- ARCHITECT ACREE,MENT (PERCENTAGE) • APRIL. 1970 EDITIGN • AIAS © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVE., N.W.,'WASHINCTON, D. C. 20006 3 3.5 When a fixed limit of Construction Cost is estab- lisihed as a condition of this Agreement, it shall include a bidding contingency of ten percent unless another amount is agreed upon in writing. When such a fixed limit is estab- lished, the Architect sha11 be permitted to determine what materials, equipment, component systems and types of construction are to be included in the Contract Docu- ments, and to make reasonable adjustments in the scope of the Project to bring it within the fixed limit. The Archi- tect may also include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. 3.5.1 If the lo•,vcst bona fide bid or .negotiated pro- posal, the Detailed Cost Estimate or the Statement of Probable Construction Cost exceeds such fixed litnit of Construction .Cost (including the bidding contingency) established as a condition of this Agreement, tire Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding the Project within a reason- able lime, or (3) cooperate in revising the Project scope and quality as required to reduce the Probable Construc- tion Cost. In the case of (3) the Architect, without addi- tional charge, shall modify the Drawings and Specifications as necessary to bring the Construction. Cost within the fixed limit. The providing of such service shall be the limit of the Architect's responsibility in this regard, and having done so, the Architect shall be entitled to compen- sation in accordance with this Agreement. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense of employees engaged on the Project by the Architect includes architects, engineers, designers, job captains, draftsmen, specification writers and typists, in consultation, research and design, in pro- ducing Drawings, Specifications and other documents per- taining to the Project, and in services during construction at the site. irect Personnel Expense includes cost of sa and of man , and customary b c as statu- tory employee bene I nce, sick leave, holidays and 'vac erhsions and sim) a Cts.. � l ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect, his employees, or his professional consultants in the interest of the Proj- ect for the expenses listed in the following Subparagraphs: 5.1.1 Expense of transportation and living when travel- ing in connection with the Project; long distance tails and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings and Specifications excluding duplicate sets at the completion of each Phase for the Owner's revie•.v and approval. 5.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates and expense of renderings or models for the Owner's use. computer time when used �. tion wrm ARTICI.E 6 PAYMENTS TO THE ARCHITECT 6.1 Payments on account of the Architect's Basic Serv- ices shall be made as follows: 6.1.1 An initial payment as set forth in Paragraph Ila (Page 2) is the minimum payment under this , °,greement. 6.1.2 Subsequent payments for Basic Services sha:i be made monthly in proportion to services performed sr) that the compensation at the completion of each Phase shall equal the tollowing percentages of the total Basic Compensation.: Schematic Design Phase ........ 150/6 Design Development Phase ...... 35% Construction Documents Phase .... 75% Bidding or Negotiation Phase ..... 80% Construction Phase 100% 6.2 Payments for Additional Services of the Architect as defined in Paragraph 1.3, and for Reimbursable Expenses as defined in Article 5, shall be made month!v upon presentation of the Architect's statement of services ren- dered. 6.3 No deductions shall be made from the Architect's compensation on account of penalty, liquidated dc,m- ages, or other sums withheld from payments to con- tractors. 6.4 If the Project is suspended for more than three months or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all terminal expenses resuitino from such suspension or abandonment. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be subject to renegotiation. 6.5 Payments due the Architect under this Agreement shall bear interest at the legal rate commencing sixty days after the date of billing. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS Records of the Archi(ect's Direct Personnel, Consultant and Reimbursable Expenses pertaining to tee Protect shall be kept on a generally recognized to basis AIA DOCUMENT 6131 • OWNER- ARCFIII'ECT AGREEMENT W RCENTACE) • APRIL 1570 FUI1'ION • AIA'0 6 0 1970 • THE /,MERICAN INSTITUTE OF ARCHITECTS, '1735 NFW YORK .AVE., N.w., WASHINGTON. D. C. 2001Cb and shall be available to the Owner or his authorized representative at mutually convenient times. ARTICLE 8 TERMINATION OF AGREEMENT This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Architect, the Archi- tect shall be paid his compensation for services per- formed to termination date, including Reimbursable Ex- penses then due and all terminal expenses. ARTICLE 9 OWNERSHIP OF DOCUMENTS Drawings and Specifications as instruments of service are and shall remain the property of the Architect whether the Project for which they are made is executed or not. They are not to be used by the Owner on other projects or extensions to this Project except by agreement in writ- ing and with appropriate cofnpensation.to the Architect.. ARTICLE 10 SUCCESSORS AND ASSIGNS The Owner and the Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or "transfer his interest in this Agreement without the written consent of the. other. . In ARTICLE 11, ARBITRATION 11.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof shall be decided by arbitration in accord- ance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining un- less the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. 11.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made alter the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations, 11.3 The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. ARTICLE 12 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement behveen the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. ARTICLE 13 GOVERNING LAW Unless otherwise specified, this Agreement shall be gov- erned by the law of the principal place of business of the Architect. ARTICLE 14 A fee of $2500. is to be paid to Architect for aid to the OHmer" as consultant giving information for filling out application for grant on architectural items and including program description, and a narrative of the-project, monitoring of bid.d. —hg reports, architectural reT)orts to grantor durin constr tion. (Otto � f ?So. or (A'e- grat��-pJpPjC� aid +25o. or pxt ?rant~ -� rig t AIA DOCUMENT 0131 • OIVNFR- ARCFIITFCT AGREEMENT (PERCEN "IAGE) • APRIL 1970 EDITION AIA® © 1970 • THE AMERICAN INSTITUTE Or ARCHITECTS, 1735 NEW PORK AVE., NAV., WASHINGTON, D. C. 20006 7 This Agreement executed the day and year first written above. OWNER City of San Luis Obispo, ARCHITECT James T. Fickes C41fornia Architect, A.I.A. #C -1680 B _ Title Mayor Ti ae_ Principal AIA nocu,m.ENT 8131 OWNER- AKCHITECT AGREEMENT (PERCENTAGE) •APRIL 197.0 EDITION AIAe n 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW PORK AVE., N.W., WASHINGTON, J. C. 20006 8 y� ARTICLE 14 ,(Attach to Agreement) A. (See Page 7) B. For street curb and gutter work, with adjacent walks,.drive- way, aprons, street widening, and adjacent retaining wall, and rail, the City will furnish the complete design, drawings, conditions, specifications, and periodic inspection, for this work, which is outside the new proposed street property lines. This will be made part of the construction contract documents and work. Architect will coordinate this work with bidding documents. Architect fee for the services which includes periodic inspection, will be 5.5% The bidding contractors and the successful contractor will be required to "break -out" in their cost breakdown, the cost of this above work, but in no case will more than $36,000. be used for cost of construction factor of above work to arrive at compensation to Architect. All other amounts of construction costs are the project construction costs as defined in Article 3. OWN �'. DATED SCOT- Ile 11 � � RESOLUTION NO. 3133 (1977 Series) .A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS "OBISPO APPROVING A LOADING ZONE ON CAUDILL STREET;_ ESTABLISHING A MAIL_ ZONE ON CAPITOLIA WAY;.ESTABLISHING A 15 MINUTE PARKING ZONE.ON OSOS STREET; PROHIBITING PARKING ON CHORRO STREET AND ON KENTUCKY AVENUE; REPLACE A LOADING ZONE ON MARSH STREET WITH TWO HOUR PARKING; AND RESCIND A;'GREEN: ZONE.ON UPHAM STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. A loading zone is hereby established on the southerly side of Caudill Street commencing-111 feet - westerly of the northerly prolongation of the westerly property line of Victoria Street and continuing 2.0 feet westerly. Section 2. A mail zone is hereby established on the southerly side of Capitolio Way commencing 2:54.feet easterly of the northerly prolongation of the easterly property line of Sacramento Drive and continuing 20 feet easterly. Section 3. A fifteen minute green parking zone.is hereby establishing on the westerly side of Osos Street beginning at a point 56 feet northerly of the easterly prolongation of the northerly property line of Monterey Street and continuing 22 feet north. Section 4. Parking is hereby prohibited on the westerly side of Chorro Street beginning at the easterly prolongation of the northerly property line. of Upham Street and co. nt- inuing 25 .. feet north-: Section 5. Parking is hereby prohibited on the easterly side of Kentucky Avenue beginning At the westerly prolongation of the southerly line of Hathway Street and continuing 58 feet south. ' C Resolution.No. 3133 Section 6. The loading zone of Marsh Street commencing 97 feet .longation of the westerly property continuing 51 feet westerly is her with two -hour non - metered parking. (1977 Series) existing on the north side: west.of the southerly pro= line of Toro Street and eby rescinded and replaced Section 7. The existing green zone on the south side of Upham Street commencing 18 feet westerly of the northerly prolongation of the westerly property line of Santa Barbara Street and continuing 44 feet west is hereby rescinded. On motion of Mayor Schwartz, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of September, 1976. ATTEST: Clem Approved,as to content: Rescue it'ion No. 3132 (1976 Se� 1 RESOLUTION OF INTENTION TO APPROVE AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO 1976 AGENDA ITEM # (�1-16 ) APPROVED ( ) DENIED ( ) CONTINUED TO W11EREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the changes proposed in said contract; and WHEREAS, the following is a statement of the proposed change: 1. Provide service credit at retirement for unused sick leave. FOR FIREMEN ONLY NOW, TIiERE"ORE, BE IT RESOLVED, that the CITY COUNCIL of the CITY OF SAN LUIS OBISPO gives, and it does hereby give notice of intention to approve an amendment to the contract between the CITY COUNCIL and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, marked "Exhibit A" and by this reference made a part hereof. CITY COUNCIL ATTEST: Approved as to form Wendt, Mitchell, Si heimer, de la Motte and Lille , City Attorney By `G Allen Grimes September 7, 1976 to actoptea ana approve ISTINVY501 BY OF SAN LUIS OBISPO Mayor Approved as to content: E= D. Miller, ministrative Officer Ret. Form 122 R 3132 EXHIBIT A AMMUENT TO CONTRACT BEMs i THE BOARD OF AMINISTRATION PUBLIC MILOYE ES' R_=IREMr�TT SYSTEM AND THE CITY COU14CIL OF THE CITY OF SAN LUIS OBISPO The Board of Administration, Public Employees' Retirement System, hereinafter referred to.as Board and the CITY COITNCIL of the CITY OF SAN LUIS OBISPO, herein- after referred to as Public Agency having entered into a contract under date of June 9, 1952, effective July 1,1952, as amended effective July.l, 1952, October 1, 1962, October 3, 1963, October 1, 1974, and June 1, 1976, which provide for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. The following subparagraph shall be added to Paragraph 6 of said contract: 6. (d) Section 20862.8 (providing service credit at retirement for unused sick leave) for local firemen. B. Paragraph 7 (b) shall be stricken from said contract and the following paragraph shall be substituted therefor: 7. Public Agency shall contribute to said Retirement System as follows: b. With respect.to local safety members, the public agency shall . contribute the following percentages of monthly salaries earned as local safety members of said System: (1) 1.102 percent until June 30, 1982 on account of the liability for prior service benefits. (2) 12.341 percent on account of the liability for current service benefits. C. This amendment shall be attached to said contract and shall become effec- tive on the day of Fatness our hands this day of BOARD OF A MINISTRATION PUBLIC EMPLOY-EEE5' RETIP.. [MT SYST'E MI BY Carl J. Blechinger, Executive Officer Approved as to form: CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO BY L Presiding Off c6r `i � Attest' 1 i4.9.•'1 Clerk Ret. Form 702 i .,�D CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the CITY COUNCIL , (Governing Body) of the CITY OF SAN LUIS OBISPO (Name o� Public Agency) on September 7, 1976 appearing at Page , (Date) Volume of the (Minutes) (Official Records) of the / CITY COUNCIL (Governing Body) PERS- ACT -12 (11/71) x CITY CLERK or Secretary of the Board J� RESOLUTION NO. 3131 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY -OF SAN LUIS OBISPO RESCINDING RESOLUTION NO. 3090 WHICH CHANGED PARKING DESIGNA- TIONS ALONG PORTIONS OF MONTEREY AND HIGUERA STREETS. WHEREAS, on July 6, 1976, this Council adopted Resolution No. 3090 which adjusted parking designations along portions of Monterey and Higuera Streets, thereby eliminating mid -block crosswalks on each street; and WHEREAS, the City has received numerous complaints and protests concerning this action; and WHEREAS, this Council now finds the elimination of said crosswalk is not a desirable action; NOW, THEREFORE, BE IT RESOLVED by the Council of-the City of San Luis Obispo as follows: 1. That Resolution No. 3090 is hereby rescinded. 2. That City staff is directed to return the parking designations to their former status. On motion of Councilman Petterson, seconded by Councilman Gurnee, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT:: None the foregoing Resolution is passed and adopted this 7th day of September, 1976. ATTEST: Clerk Approved as to form.: WENDT, MITCHELL SINSHEIMER, DE LA MOTTE & L LLEY, INCORPORATE] City Attorney Approvea as to content: City Administrati - "Officer rimes R 3131 RESOLUTION NO. 3130 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING BUS LOADING ZONES ON LOS OSOS VALLEY.RQAD, ORCUTT ROAD, AND MARSH STREET_; AND ADDING BUS LOADING ZONES ON LOS OSOS VALLEY ROAD, LAUREL LANE, JOHNSON AVENUE, MONTEREY STREET, MILL STREET AND. HIGUERA STREET. BE IT.RESOLVED by the Council of the City of- San.Luis Obispo as follows: Section 1. Bus` loading zones at the following locations are hereby rescinded: a. On the north side of Los Osos Valley`Road westerly of Madonna Road; b. On the north side of Los Osos Valley Road easterly of Oceanaire Drive; c. On the southerly side of Orcutt Road easterly of the-prolongation of Fernwood Drive; d. On the northerly side of Marsh Street easterly of Johnson.Avenue. Section 2. Bus loading zones are hereby established at the following locations:. a. On the southerly side of Los Osos Valley Road commencing 25 feet westerly of the westerly . property line of Madonna Road and extending 40 feet westerly; b. On the southerly side of Los Osos Valley Road commencing 73 feet westerly of.the westerly prolongation of Oceanaire Drive and extending. 40 feet westerly; ktm 1/7/77 R 3i30 oil. Resolution No. 3130 c. On the easterly side 62 feet 'northerly of of Orcutt Road and e d.. On the easterly side 15 feet southerly of 30 feet southerly; (1977 Series) of Laurel Lane commencing the northerly property line Ktend.ing 53..feet northerly; of Johnson Avenue commencing Marsh Street and extending . e. On the northerly side of•Monterey'Street commencing 4'5 feet westerly -of the westerly property line of California, Boulevard i and - .extending 2.0 feet westerly; f. On the southerly side of Mill Street commencing 5 feet westerly of the westerly property line of Grand Avenue and extending 45 feet westerly; g. On the westerly side of Higuera Street commencing 5 feet northerly of the northerly line of South Street and extending 20 feet northerly. On motion of Councilman Gurnee, seconded by Councilman Graham, and on the following roll call vote: AYES: Councilmen Graham; Gurnee, Norris, Petterson and Mayor Schwartz NOES': None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of September,' 1976. ATTEST: y` Clerk ktm 1/7/77 Approvea as to content: Pu is Services Director Page 2 F RESOLUTION NO.3129 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING COMBINATION OF SURPLUS PROPERTY OVER AND UNDER $2500. WHEREAS, by Public Law 655, 84th Congress (70th Stat. 493), the Federal Government has authorized the donation of surplus Federal property for civil defense purposes; and WHEREAS, certain conditions are imposed by the Office of Civil Defense, Region 7, the Department of Health,-Education and Welfare, the California Office of Emergency Services, and the State Educational Agency for Surplus Property, in: connection with the acquisition of such property; and WHEREAS, the City of San Luis Obispo desires to establish' its eligibility for such property; IT I °, THEREFORE, certified that: I. It is an emergency service organization designated pursuant to State law, within the meaning of. the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Department of Health, Education and Welfare. II.. Property requested by this document is usable and necessary in the State for emergency service purposes, including research for any such purpose; is required for its own use to fill an existing need; and is not being acquired for any other use or purpose, for use outside the State, or for sale. III. Funds are available to pay the cost of care and handling incident to donation, including packing, preparation for shipping, loading, and transporting such property. THE DONEE HEREBY AGREES TO THE FOLLOWING TERMS AND CONDITIONS: I. TERMS AND CONDITIONS APPLICABLE TO ALL PROPERTY,REGARDLESS OF ACQUISITION COST, DONATED FOR EMERGENCY SERVICE PURPOSES: A. Property acquired by the donee shall be on an "as is ", "where is" basis, without warranty of any kind. B. There will also be applicable such other terms and conditions as are contained in the regulations of the WEF:ktm 8/18/76 R 3129 A Resolution No. 3129 (1976 Series) Office of Civil. Defense, Office of the Secretary of the Army, Part 1802 of Chapter XVIII of Title 32 of the Code of Federal Regulations. II. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO PROPERTY HAVING A- SINGLE ITEM ACQUISITION COST OF $2,500 OR MORE DONATED FOR EMERGENCY SERVICE PURPOSES: A. All such.propeirty shall be distributed and, during the period of restriction, be properly maintained in good operational condition and stored, or installed or utilized only as necessary to achieve a state of operational readiness as required by the emergency service mission assigned to the donee in accordance with the emergency operational plans of the State and, where applicable, local government (which are in a consonance with national emergency objectives, as now or hereafter amended). B. Except as otherwise expressly provided herein below and unless and until expressly waived in writing by the.Regional.Director of the Office of Civil Defense, on a case basis, the period of restriction for all items of property donated having a single item Ac- quisition cost to the Federal Government of $2,500 or more shall be four- (4) years from the date of donation. The specific exceptions are as follows: 1. Motor Vehicles, Federal Supply Classification (FSC) Group 23 -- for which a two -year period of restriction shall apply. 2. Items of property donated having a unit fair `market value of $25.00 or more, but less than $2,500 government acquisition cost, for which a one -year period of State restriction shall apply. 3. Terms. and conditions applicable to aircraft and to vessels measuring 50 feet or more in length are specific exceptions to all of this section; but WEF:ktm 8/18/76 _ - - "- Page 2 Resolution No. 31i� (1976 Series) the provisions are those specified in the appro- priate conditional transfer documents in accordance . with regulations of the Department of Health, Education and Welfare. C. During the period of restriction, the property shall not be sold, traded, leased, loaned, bailed, encumbered, or otherwise disposed of without the specific prior, written approval of the Regional Director of the Office of Civil Defense or the-Director of the Office of Emergency Services. D. If, during the period of restriction, property is no longer suitable, usable, or further needed for the purpose for which acquired, the donee shall promptly notify the Office of Civil Defense through the Office of Emergency Services and shall, as directed by the Office of Civil Defense, retransfer the property to such department or agency of the United States of America or such other donee as may be designated by the Office of Civil Defense. E. In the event any of the terms and conditions set forth in this section are breached, all right, title, and interest in the property involved shall, at the option of the Office of Civil Defense, revert to the United States of America. In addition, where there has been an unauthorized disposal or improper use, the donee, at the option of the Office of Civil Defense, shall be liable to--,the United States of America for all damages. Where the property is not returned to possession and ownership of the United States of America or where property has been improperly used, the donee shall be liable_ to the United States of America and all proceeds shall be deemed to have been.received and held in for the United States of America and the donee shall promptly remit the same to_thec:Office of Civil Defense. WEF:ktm 8/18/76 Page 3 Resolution No. 31--,-,,' (1976 Series) When the fair market value or rental value of the. property at the time of such disposal or improper use is greater than the proceeds derived from such action, the donee shall, at the option of the Office of Civil Defense, also be liable for and promptly remit the difference between such proceeds and such value, as determined by the Office of Civil Defense. The remedies provided in this paragraph (E) of this section are in addition to administrative compliance measures, and all civil remedies and criminal penalties provided by law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: Richard D. Miller, Administrative Officer, (signature) and J. H. Fitzpatrick, Deputy Director of Civil Defense, nature) shall be and they are hereby authorized as the representatives of said City to sign for and accept surplus Federal property, regardless of acquisition cost, in accordance with the conditions imposed by the above agenci_e's; and IT IS FURTHER RESOLVED that this resolution of authorization. shall remain in full force and effect until superseded or rescinded by resolution of this Council transmitted in duplicate to the California Office of Emergency Services; and IT IS FURTHER RESOLVED that the Clerk of this Council is hereby authorized and directed to send two (2) certified copies of this resolution to the California Office of Emergency Services, for filing with said Office and with the State Department of Education. WEF:ktm 8/18/76 Page 4 Resolution.No.. 31;� L (1976 Series) On motion of Councilman Gurnee: , seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this _7th day of September , 1976. ATTEST: Approved as to form: DAVIS, WENDT, MITCHELL & SI-NSHEIMER, City Attorney z By Allen Grimes Approved as to content: City Administrative 0 icer De - D'rector of Civil. Defense E R T I F I C A T I 0 N I hereby certify that the foregoing Resolution was duly and regularly passed by the Council of the City of San Luis Obispo at a Regular Meeting thereof held on the 7th day of September , 1976. _ - WEF:ktm 8/18/76 Page 5 r C RESOLUTION NO. .3128(1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO.APPROVING AN AGREEMENT WITH ORRICK, HERRINGTON, ROWLEY & SUTCLIFFE FOR LEGAL SERVICES FOR A PROPOSED PARKING AUTHORITY PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves a....letter agreement dated August 16, 1976, with Orrick, Herrington, Rowley & Sutcliffe to provide legal services for a proposed parking authority project. The.Mayor is authorized to execute said letter agreement on behalf of the City. On motion of Councilman Gurnee seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of September , 1976. ATTEST: area Approved as to form: DAVIS, WENDT, TCHELL & SINSHEIMER, City Attorney By Allen Grimes AG:ktm 8/20/76 Approved as to content: City Administrative fficer R 3128 TELEPHONE 392 -1122 AREA CODE 413 o ORRICK, HERRINGTON, ROWLEY & SUTCLIFFE COUNSELORS AND ATTORNEYS AT.LAw ELEVENTH FLOOR eOO MONTGOMERY STREET SAN FRANCISCO, CALIFORNIA 94111 August 16, 1976 Mr. Richard Miller City Manager City of.San Luis Obispo P. 0. Box.321 San Luis Obispo, CA 93406 Re: Proposed Parking Authority Project Dear Dick: All CABLE ORRICIC TELEX ]4.09]7 Thank you for your call concerning the prospective issuance by the Parking Authority of the.City of San Luis Obispo of $1,000,000 to $2,000,000 in bonds for one or more parking projects, a further definition of which will be. provided by traffic consultants to be hired within the next month or so. We would be happy to be employed in connection with this project. our fees would include initial consultation with the traffic and financial consultants concerning the method of financing the project, review of the earlier park- ing district proceedings to determine whether bonds issued in those proceedings should be called or otherwise provided for, and all proceedings toward the issuance, sale and delivery of the bonds should the project require them. We would also review any documents prepared by financial con- sultants in connection with the sale of the bonds. Our services would not include any work in connec- tion with litigation except as might be provided by separate agreement. We would also expect to be reimbursed for any out -of- pocket expenses i-n connection with documents, printing, and traveling. Our fee for the above services would be calculated at 1% of the first $1,000,000 of bonds delivered and 1/2 of 1% of any excess over $1,00.0,000, payable upon the delivery ORRICK, HERRI.NGTON, ROWLEY & SUTCLIFFE Mr. Richard Miller Page Two August 16, 1976 of the bonds. Should the City determine not to sell bonds, we would expect to bill the City for our services on the . basis of time spent on the project to date, up to a maximum of.$2,500. If the above arrangement is.acceptable, you may so indicate on the enclosed copy of this letter. If you wish a formal agreement, I will be happy to prepare one. Very truly Pz� Joseph J. JJH:mc APPROVED as to form: Approved as to content: City of San Luis bispo Augustj'y , 1976. City Administrati Officer By: Allen Grimes for DAVIS, WENDT, MITCHELL & SINSHEIMER, City Attorney This letter - agreement is efecuted this 7�-/� day of / , 1976, b/ ATTEST: '�At�y Clerk yor aw � C J RESOLUTION NO. 3127 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS O_BISPO APPROVING THE FINAL MAP OF TRACT NO. 585, WINDSONG ESTATES (William E. Baker, Developer), AND ACCEPT- ING AN EASEMENT FOR MAINTENANCE OF WATER AND SEWER LINES. WHEREAS, the following findings regarding the subject final map were made in conformity with the State Subdivision Map Act: 1. The map and subdivision design are consistent with the adopted General Plan. 2. The map promotes a_development type and residential density. which are suitable for the physical characteristics of the site. .3. The subdivision designa and related improvements will not cause substantial environmental damage nor would they be injurious to fish or Wildlife or their habitat. 4. The subdivision design and related improvements will not be likely to cause serious public health problems. 5. The subdivision dnd_•related improvements will not conflict with any public easements for access through or use of the subject property. NOW, THEREFORE, BE IT_ RESOLVED by the Council -of the City of San Luis'bbispo that the final map of Tract No. 585., wind-song Estates (William E. Baker, Developer),.be approved subject to the conditions contained in the subdivision agreement and that Lot 21 is accepted as an easement for maintenance of sewer and water mains. BE IT FURTHER RESOLVED that the agreement for improvements for Tract No. 585, and the execution of the agreement by the Mayor and its attestation.by the City Clerk is directed. R 3127 C O Resolution No. 3127 (1976 Series) On motion of Councilman Gurnee seconded.by Councilman Graham , and on the following roll call vote: AYE S: ODtncilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of September 1976. ATTEST: C �c Approved as to content: Approved as to form: WENDT, MITCHELL, INSHEIMER, DE LA MOTTE & LI LEY, City • Attorney C ti y Admin.istrativ Officer By Allen Grimes Community opm t Director City En eer o• AGREEIENT THIS AGREEMENT, dated this 17th day of September , 19]x, by and between William E. and Barbara G. Baker herein referred to. as "Subdiviler ". and the CITY OF SAI4 LUIS OBISPO, herein referred to as the ` "City ". W I T N E S S E T H REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final "Map of Tract No. 585 , Windsona Estates (beina a subdivision of Lot 1.'of Tract No. 403) City of.San Luis Obispo, California ", As approved by the City Council, on the day of , 19 WHEEREAS, the Sn`bdivider desires that said Subdivision Ifap of Said Tract No. 5.8.5 , be accepted and approved. as a final map pursuant to the Subdivision Regulations and 0:_dinances of the City of San Luis Obispo,, and TvIrEREAS, it is a condition of said regulations and ordinances that the Sub divider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. 101.7 T:II;REFORE,:in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations,.and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEwALX.S 2. STREET BASE and SURFACING 3. T•IAPER MAINS and SLIM0 MAINS, including sewer laterals to the property line and water services to L -he curb stop. 4. DRAINAGE STRUCTURES 5.. OP11MIFNITAL METAL ELECTROLIERS f. ELECT -- 3 GAS, TELEPRONE'a.nd CABIF TELEVISION: In addition tc"' c I ispec•- Lion and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has prop erly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER I1fPROVM.TE11TS shocm on plans or required by City regulation. All the.above facilities shall be in,stalled.in the locations desi ^nated and to the plans -and specifications on file and approved by said City Engineer. The lines and grades for all.of.said improvements shall be established by the Subdivider.in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements small begin within thirty ( 30 ) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has_ been granted by the City Council, provided' that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection; the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the following conditions establi- shed by the Planning Commission and /or the City Council: 1. The developer shall pay to the City the sum of $4,279.,14 which is 'based upon the following formula.(.0155 x 20 lots x $13,803.68 per acre = $4,279.14). This fee is in lieu of parkland dedication. 2. The developer shall include in his bond with the City the amount of $1,080.00 to guarantee the installation of street trees (1,080 lineal feet of street frontage x$1.00 per foot). Amount to be refunded to developer upon completion of the planting of the subdivision street trees by the developer and acceptance of the work by the City. The $1,050.00 amount deposited with Tract No. 403 assuring planting of street trees will be refunded upon installation of street trees along Los Osos Valley Road by the developer. 3. The developer shall deposit with the City a cash bond in .the amount of $1,000.00 to assure the final monuments of the subdivision. Said deposit will be released to the developer upon receipt by the City of a letter from the surveyor indicating he has completed the work and has been paid. 4. Grading permit fees in the amount of $150.00 shall be deposited with the City and shall be treated as normal subdivision inspection fees. 5. The developer shall plant all slope banks with an approved planting and shall maintain this planting so as to have a good ground cover prior to acceptance of the work. 6. .Developer shall allow the City to be reimbursed for plan checking costs. The actual cost of plan checking cannot be determined at this time. The plan checking cost will be transferred from the inspection deposit account when it is finally determined. If, upon completion of the subdivision, there is in- sufficient funds in the inspection account, the developer shall be obligated for the balance prior to acceptance of the improvements by the City. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section,corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the "manual of Instructions" for Survey of Public. Lands of the United States, published by the Commissioner of General Land Office, Department of Interior., Washington, D.C. -2- The Subdivider hereby attaches hereto, and as an inte -'Cal part hereof, and as security for the performance of this agreement, (instrument of credit /bend) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful rerformanca of this agreement, which said (instrument of credit /borid) is in the aiaognt of $.25,000.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the- improvement security, that amount being deemed sufficient to guarantee faithful. performance by the Subdivider of his obligation to remedy any defects in tie improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work cr labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- 1 ments. according to said plans and snacific&tions, and any approved modifications thereto. Ye.ithar periodic or progress inspections or approv is shall bind the City to accept said improvements.or waive any defects in the same or any breach of this agreemcnt. If the Subdivider fails to complete the work within the prescribed time, theta In that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been parted by Subdivider, to guarantee faithful performance, fo--feited and utilize the pro;ee•is to complet< said i improvements; or City may complete said improvements and re-=Yar the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit wish tYa City a labor and matsrial bond iii the amount of 507. of the above described subdiv.sior.- improve:nants in accordance with State law. Said Subdvider shall deposit with the City the cum of $ 750.00 e ftom.'t• :hich deposit the City will pay the salary and expenses of an inspector or inspectors ::o inspect installation of said subE,vision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be retuned to the Subdivider, a the event.the inspection feas exceed the sum of $_ 750.00 the difference is to be paid by the City of San Luis Obispo. The City reserves the sale discretion. in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code; entitled " Subdivision" - All plans and specifications on file with said City Engineer as a n -:,rt of said Subdivision riap, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. I` is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the. Subdivider will furnish copies of the successful bidder's co ^tract unit prices and total bid prices for all of the improvements hereir. referred to. DT WITNESS WHEREOF, this agreement has been executed by: 17th day of. September 1976 Approved as to form WENDT, MITCHELL, SINSHEIMER E LA MOTTE & LILLEY, INC. ity A 17th day of September_ 1� 76 — - Attest; City n.gineer f {'Q •TC,1h -4- RESOLUTION NO. 3126 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH ROBERT I. CORCORAN TO ADMINISTER THE 1976 -77 BUDGET FOR THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA. WHEREAS, the Advisory Board for the Downtown Parking and Business'Improvement Area has recommended that the City retain Robert I. Corcoran to administer the 1976 -77 -- .budget for:jthe Area in accordance with provisions of: "an agreement dated July 1,1976. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby approves the agreement entitled "Business Improvement Area Administrator Employment Contract," with.Robert I. Corcoran, a copy of which shall remain on file in the office of the City Clerk. The Mayor is authorized to execute said agreement on behalf of the City. On motion of Councilman Gurnee seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz. NOES: None ABSENT: None the foregoing Resolution is passed and adopted this 7th day of September 1976.. ATTEST: Approved as to form: Approved as to content: DAVIS, WENDT, ITCHELL & SINSHEIMER, Ci Attorney City Administrative:,fficer ktm 8/20/76 By Allen Grimes )q�� ti`.;r4!~ .p J, ���.iA' —`+`. .'...� '. `fr +„ ; °� ..r � ...;ri re •.""" — ... , ry .• � � .•' y'J r, I — , �_ BUSINESS IMPROVEMENT AREA ADMINISTRATOR EMPLOYMENT CONTRACT (PART -TIME) THIS AGREEMENT, dated for convenience as of July 1, 1976, is by and between the City of San Luis Obispo, a chartered municipal corporation of the State of California (hereinafter sometimes referred to as "City ") and Robert I. Corcoran, an independent contractor (hereinafter sometimes referred to as "Administrator "). WITNESSETH: WHEREAS, City has adopted Ordinance No. 649 establishing the Downtown Parking and Business Improvement Area; and WHEREAS, the City Council has appointed an Advisory Board to advise and to make recommendations to the Council concerning the budgeting and expenditure of Area funds; and WHEREAS, the Council has approved the budget submitted by the Board for the period ending June 30, 1977; and WHEREAS, this Council finds that Robert I. Corcoran is qualified to act as administrator of said budget; NOW, THEREFORE, City and Robert I. Corcoran, for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. This agreement shall be in effect from July 1, 1976, through June 30, 1977, subject to earlier termination by either party as otherwise provided herein. 2. Administrator will perform duties as set forth in Exhibit "A" attached hereto, dated December, 1975. 3. Notwithstanding the wording of Exhibit "A" or any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Administrator, at all times covered by the terms of this agreement, is acting as a free and independent contractor, and not as an employee of the City. The Area Advisory Board shall provide ktm 8/20/76 �� +✓_•. P'44 "J'�.fyf'�•„4� -y'.; R .� ..,:rte � ,. ' ",.:�N 'y` .''r �.vR�� "+,f'_. �� :..+' �^^. +.�� �,''. ° �,'°'�..,�.. broad general guidance, and the Administrator will be expected to use initiative and discretion in performing the details of the Administrator's work. The records required to be kept by Administrator under this agreement are solely to provide City with criteria for evaluating the over -all value of this and possible subsequent contracts, and not as details to establish performance or non - performance by Administrator. 4. Administrator will submit a monthly report of his activities in a form and detail satisfactory to the Area Ad- visory Board. 5. Administrator will work no less than thirty (30) hours each week. 6. City agrees to pay Administrator $420.00 per month. Payment shall be made in accordance with normal City procedures after receipt of the report from the Administrator of his activities during the previous month, and after certification by the Chairman of the Area Advisory Board that said form is satisfactory as to form and content. 7. Administrator shall have the authority to incur ob- ligations on behalf of the City pursuant to the authorizations contained in the Business Improvement Area portion of the City's 1976 -77 budget. Payment of such obligations by the City shall be in accordance with normal City procedures. 8. Either party may terminate this agreement prior to its normal expiration by mailing a notice of termination by certified mail to the other party at the respective addresses as follows: City: City Clerk P. O. Box 321 San Luis Obispo, CA 93406 Administrator: Robert I. Corcoran 220 Kentucky Avenue San Luis Obispo, CA 93401 The contract shall be terminated thirty (30) days after the mailing of such notice, or sooner if the parties so agree in writing. Salary due and payable on the termination date shall be calculated pro -rata based upon the calendar days in the month. ktm 8/20/76 Page 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. ADMINISTRATOR Robert I. Corcoran CITY OF SAN LUIS OBISPO 7 Mayo p ATTEST: Approved as to content: ,,,�City Clerk Approved as to fo DAVIS, WENDT, MIT HELL & SINSHEIMER, City ttorney By Allen Grimes City Administrati e Officer ktm 8/20/76 Page 3 EXECUTIVE DIRECTOR'S DUTIES FOR DOGTTTOWN PARKING S BUSINESS IMPROVEMENT DISTRICT GENERAL He shall be emoloyeci by the members of the District Board with approval of the City Council or the Downtown Association Board of. Directors. Under direction: to initiate, coordinate and implement downtown business activity, improvement, promotional, and develop- ment programs. TYPICAL TAS As secretary to the Board, the Director shall conduct special studies, coordinate the preparation of the plans and programs through to im -. plementation as directed by the Board, prepare annual budget, promote the area through media advertising, administer office, collect and assemble information-to benefit local and outside organizations,.keep up correspondence, issue press releases, attend meetings of other organizations in the best interest of the Board, and prepare speeches to inform of changes within the area. Act as liaison between Improvement District-and Citv Staff. Attend Council, Planning, Traffic, and Vehicle Parking District Commission meetings, when appropriate. Prepare pertinent position papers on issues of importance to Business Improvement District for presenta- tion by Business Improvement District representative.. Obtain reference materials and arrange for speakers on topics of importance to Board and committee members. Prepare a quality newsletter to all members to inform them of imoor- tint activities of promotional and developmental nature occurring in the District and City Administration plans and actions influencing, the District. Constantly upgrade,state of personal professionalism through self - improvement reading, seminars, Spring and Fall Conventions put on by California State Downtown Association. DESIRABLE QUALIFICATIONS Knowledge of administration principles and practices, knowledge of municipal functions and procedures, ability to collect, analyze, and interpret information, ability to make sound decisions, ability to work effectively with others and communicate effectively both orally and in writing, ability to deal effectively and tactfully with others. After the Improvement District has been in operation for one year, a review of the above program should be studied. This can be the guide- line for the Board of Directors that employ an Executive Director. December, 1975 EXHIBIT ."A" RESOLUTION NO. 3125 (1976 Series) A RESOLUTION LEVYING A TAX FOR THE 1976 -77 FISCAL YEAR UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF SAN LUIS OBISPO AND FIXING THE RATE OF SUCH TAX. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Pursuant to Section .51511 of the California Government Code, there is hereby levied upon all taxable real and personal property within the City of San Luis Obispo, County of San Luis Obispo, State of California a tax for the 1976 -77 fiscal year of said City, beginning on the first day of July, 1976, and now current, of $1.25 on each One Hundred Dollars ($100.00) in value of said property, for the purposes herein specified and apportioned among the funds in the City Treasury as follows: A. For the General Fund, there is hereby levied a tax of $0.72 on each One Hundred Dollars in value of said property. B. For the Public Improvement and Betterment Fund of said City, there is hereby levied a tax of $0.30 on each One Hundred Dollars in value of said property. C. For the Library Fund of said City, there is hereby levied a tax of $0.03 on each One Hundred Dollars in value of said property. D. For the Park & Recreation Fund of said City, there is hereby levied a tax of $0.20 on each One Hundred Dollars in value of said property. 2. The-City Clerk is hereby directed to transmit certified copies of this Resolution to the County Auditor. AG:ktm 8/20/76 R 3125 I� . Resolution No. 31x, (1976 Series,) On motion of Councilman Petterson seconded by Councilman Norris and on the following roll call vote: AYES: Councilmen Gurnee, Norris, Petterson and Mayor Schwartz NOES: Councilman Graham ABSENT:. None the foregoing Resolution was passed and adopted this 23rd day of August , 1976. ATTEST: Y Clerk Approved as to orm: .DAVIS, WENDT, M TCHELL & SINSHEIMER, tit Attorney C By Allen Grimes Approved as to content: City A _inistrative Officer AG:ktm 8/20/76 Page 2. ' WJM &L :PLMcE: 8/9/76 15c Rev: 8/16/76 RESOLUTION NO. 3124 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK WITHIN TIME.SPECIFIED MCMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS, the said Council did on the 5th day of April, 1976, adopt its Resolution No. 3024 of Preliminary Determination and of Intention to order the construction of sanitary sewer mains and appurtenances in said City, all as more particularly described and set forth in said Resolution of Preliminary Determination and of Intention; NOW, THEREFORE, the City Clerk of said City.is hereby directed to publish once a week for two weeks in the Telegram- Tribune, a news- paper published and circulated in said City, a notice inviting sealed proposals or bids for the construction of said improvements, and re- ferring to the plans and specifications on file in the office of said City Clerk, the first publication of which notice shall be at least fourteen days prior to the time fixed for opening bids. All proposals or bids shall be accompanied by cash, a cashier's or certified check payable to the order of the City Clerk amounting to ten percent of the bid, or by a bond in said amount and payable to said Clerk, signed by the bidder and a corporate surety or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions. The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within fifteen days after written notice that the contract has been awarded to him, enter into a contract with the City. R 3124 Resolution No. 3124 (1976 Series) It is hereby determined that in the event the contractor, con- tracting owners included, does not complete the work within the time limit specified in the proposed contract, or within such further time as this Council shall have authorized, the contractor or contracting owners, as the case may be, shall pay to the City liquidated damages in the amount of One Hundred Dollars ($100.00) per day for each and every day's delay in finishing the work beyond the completion date specified in said contract. Additional provisions with regard to said time of completion and liquidated damages are set forth in the specifications, which provisions are hereby referred to and incorporated herein by reference. Said sealed proposals or bids shall be delivered to the City Clerk of said City on or before 2:00 o'clock P. M. on the 28th day of September, 1976, said time being not less than fourteen days from the time of the first publication of said notice. Bids will be publicly opened, examined and declared on said day and hour, and re- ferred to and considered by the Council at its meeting-at 7:00 o'clock P. M. on October 5, 1976. - 2 - Resolution No. 4 -4 0 (1976 Series) I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California at a meeting thereof held on the 23rd day of August, 1976, on motion of Councilman Graham seconded by 'Councilman Petterson, and by the following vote of the members thereof: AYES, and in favor thereof, Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: Approved as to content: City Administrative fficer - 3 - lr" WJM &L:PLMCE:s�8 /6/76 15c Rev: 8/16/76 RESOLUTION NO. 3123 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS, AND DIRECTING NOTICE McMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS, pursuant to Resolution No. 3024 of Preliminary Deter- mination and of Intention, adopted on April 5, 1976, by the City Council of said City, pursuant to the Municipal Improvement Act of 1913, the City Engineer of said City has filed with the City Clerk of this City the written report called for under said Act and by said Resolution -of Preliminary Determination and of Intention, which report has been presented by .said Clerk to this Council for considera- tion, and.this Council has considered and preliminarily approved and confirmed said report and ordered that the same stand as the report for the purpose of all subsequent proceedings had pursuant to said Resolution of.Preliminary Determination and of Intention. NOW, THEREFORE, IT IS ORDERED, that Tuesday, the 5th . day of October, 1976, at the hour of 7:00 o'clock P..M., in the regular meeting place of said Council, Council Chambers, City Hall, San Luis Obispo, California, be, and the same are hereby, appointed and fixed as the time and place when and where the Council will consider and finally determine whether the public interest, convenience and necessity require said acquisitions and improvements, and when and where it will consider and finally act upon the Engineer's Report under said Resolution of Preliminary Determination and of Intention. IT IS FURTHER ORDERED that the City Clerk of this City be, and he is hereby, directed to give notice of said hearing once a R 3123 Resolution No. 3123 (1976 Series) week for two weeks in the Telegram- Tribune, a newspaper published and circulated in said City,.and by conspicuously posting a notice thereof along all the open streets within the assessment district at not more than three hundred feet apart, and not less than three in all; said posting and first publication to be had and completed at least twenty days before the date herein set for hearing of protests. IT IS FURTHER ORDERED that said notices shall be headed "Notice of•Improvement" in letters of not less than one inch in height and shall, in legible characters, state the fact and date of the passage of said Resolution of Preliminary Determination and of Intention and of the filing of said report and of the date, hour and place set for the hearing of said protests, and briefly describe the acquisitions and improvements proposed to be made, and refer to said Resolution of Preliminary Determination and of Intention and report for further particulars. IT IS FURTHER ORDERED that the City Clerk of said City shall mail or cause to be mailed notice of the adoption of said Resolution of Preliminary Determination and of Intention and the filing of said report, postage prepaid, at least twenty days before the date set for hearing of said protests, to all persons owning real property to be assessed, whose names and addresses appear on the last equalized assessment roll for City taxes prior thereto or as known to the Clerk, which notice shall contain a statement of the time, place and purpose of the hearing on said Resolution of Preliminary Determination and of Intention and report and a statement of the total estimated cost of the proposed acquisitions and improvements, the amount as shown by said report to be assessed against the particular parcel covered by the notice, together with a statement that any person interested may file a protest in writing as provided in said Act. -2- 11 Resolution No. 3123 (1976 Series) IT IS FURTHER ORDERED that the Office of the City Engineer of said City be, and it is hereby, designated as the department to answer inquiries regarding any protest proceedings to.be had therein, and may be contacted during regular office hours at the City Hall, 990 Palm Street, San Luis Obispo, California, or by calling (805) 541 -1000. I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California at a meeting thereof held on the 23rd day of August, 1976, on motion of Councilman Petterson seconded by Councilman Gurnee and by the following vote of the members thereof: AYES, and in favor thereof, Councilmen Graham, Gurnee, Norris, Petterson.and Mayor Schwartz NOES: None ABSENT: None Approved as to content: City Administrativ Officer - 3 - C WJM &L:PLMcE s 8/6/76 15c RESOLUTION NO. 3122 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT McMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS, this Council proposes to undertake proceedings for the formation of an assessment district pursuant to Resolution No. 3024 of Preliminary Determination and of .Intention, adopted by this Council on April 5, 1976. NOW, THEREFORE, IT IS ORDERED, as follows: 1. The proposed boundaries of said assessment district to be assessed in said proceedings, are hereby described as shown on a map of said assessment district on file in the office of the City Clerk, which indicates by a boundary line the extent of the territory included in the proposed assessment district and which shall govern for all details as to the extent of such district, reference to such map being hereby made for particulars. Said map contains the name of the City and a distinctive designation in words or by number of the district shown thereon. 2. On the original and at least one copy of said map, the City Clerk shall endorse his certificate evidencing the date and adoption of this resolution. The Clerk shall file the original of such map in his office, and within 15 days after adoption of the resolution fixing time and place of hearing on the formation or extent of said district, and in no event later than 15 days prior to such hearing, shall file a copy thereof with the County Recorder of the County of San Luis Obispo in which all of such proposed assess- ment district is located. R 3122 lam) Resolution No. 3122 (1976 Series) 3. The County Recorder shall endorse on the copy of said map the time and date of filing and shall fasten the same securely in a book of maps of assessment districts which he shall keep in his office. The County Recorder shall index such map by the name . of the entity conducting the proceedings and by the distinctive designation of the district as shown on such map. 4. After confirmation of the assessment by this Council, the City Clerk shall cause to be filed in the office of the County Recorder a copy of the assessment diagram and shall execute and record a notice of assessment in the office of the County Recorder of the County of San Luis Obispo, such notice to be in substantially the form provided in Section 3114 of the Streets and Highways .Code. From the date of such recording, all persons shall be deemed to have notice of the contents of such assessment, and each of such assess- ments shall thereupon be a lien upon the property against which it is made, and unless sooner discharged, such liens shall so continue for the period of four (4) years from the date of said recordation, or in the event bonds are issued to represent said assessments, then such liens shall continue until the expiration of four (4) years after the due date of the last installment upon said bonds or of the last principal coupon attached thereto. 5. The appropriate officer or officers are hereby authorized to pay any and all fees required by law in connection with the above.. -2- Resolution No. 3u'2 `7) (1976 Series) I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California at a meeting thereof held on the 23rd day of August, 1976, on motion of Councilman Gurnee seconded by Councilman Petterson, and by the following vote of the members thereof: AYES, and in favor thereof, Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ATTEST: Approved as to content: City Administrative Nficer - 3 - r r WJM &L:PLMCE:s 8/6/76 15c RESOLUTION N0. 3121 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT McMILLAN SEWER ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, that WHEREAS, on the 5th day of April, 1976, said Council did adopt its Resolution No. 3024 of Preliminary Determination and of Intention to acquire and construct improvements in said City, and did refer the proposed acquisitions and improvements to the City Engineer, he being the officer having charge and control of the acquisitions and construction of public improvements in and for said City of the kind described therein and being a competent person employed by said City for that purpose, and did therein direct said City Engineer to make and file with the City Clerk a report in writing all as therein more particularly described, under and pursuant to the Municipal Improvement Act of 1913; WHEREAS, said City Engineer has made and filed with the City Clerk a report in writing as called for in said Resolution of Pre- liminary Determination and of Intention, and under and pursuant to said Act, which report has been presented to this Council for con- sideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and.that said report, nor any part thereof, requires or should be modified in any respect; NOW, THEREFORE, IT IS ORDERED,.as follows: 1. That the plans and specifications for the proposed improve- ments to be made, contained in said report, be, and they are hereby, preliminarily approved and confirmed. R 3121 U Resolution No. 3121 v (1976 Series) 2. That the Engineer's estimate of the itemized and total costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith, contained in said re- port, be, and each of them are hereby, preliminarily approved and confirmed. 3. That the diagram showing the assessment district referred to and described in said Resolution of Preliminary Determination and of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said assessment district, as the same existed at the time of the passage of said Resolution of Preliminary Determination and of Intention, each of which subdivisions have been given a separate number upon said diagram, as contained in said report, be, and it is hereby, preliminarily approved and confirmed. 4. That the proposed assessments upon the several subdivisions of land in said assessment district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the incidental expenses thereof, as contained in said report, be, and they are hereby, preliminarily approved and confirmed. 5. That the maps and descriptions of the lands and easements to be acquired, as contained in said report, be, and the same are hereby, preliminarily approved. 6. That said report shall stand as the Engineer's Report for the purposes of all subsequent proceedings had pursuant to said Reso- lution of Preliminary Determination and of Intention. -2- Resolution No. 3�1 (1976 Series) I hereby certify that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of San Luis Obispo, California at a meeting thereof held on the 23rd day of August, 1976, on motion of Councilman Norris seconded by Councilman Graham and by the following vote of the members thereof: AYES, and in favor thereof, Councilmen Graham, Gurnee, Norris, Petterson.and Mayor Schwartz NOES: None ABSENT: None ATTEST: i sr Approved as to content: City.Administrativ Officer RESOLUTION NO. 3120 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR THE USE OF LAGUNA LAKE GOLF COURSE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The following fees are hereby established for--the use of the Laguna Lake Golf Course: 9 Holes 18 Holes Monthly Weekends Weekends Weekdays Holidays__ Weekdays Holidays Single _Couple Family $1.75 $2.00 $2.75 $3.00 $15.00 $20.00 $25.00 2. The fees established by this Resolution shall become effective September 1, 1976. 3. The City Clerk is directed to furnish certified copies of this Resolution to the Pro at the Laguna Lake Golf Course, to the Recreation Department, and to the Finance Department. On motion of.Councilman Gurnee seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 23rd day of August 1976. ATTEST': y Clerk Approved as to orm: DAVIS, WENDT, M Vg: & SINSHEIMER, City Attorney t ` Nv By Allen Grimes ktm 7/29/76 Approved as to'content: City Administrate Officer I ' rr •• i, RESOLUTION NO. 3119 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING RATES FOR WATER SERVICE AND RESCINDINGi•A PORTION OF RESOLUTION NO. 3005. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to the provisions of Municipal Code Section 7410.23, this Council hereby establishes "rates for water service as follows:. Outside City w/o Outside City with Size Inside Conn. to City Conn. to City Meter . City Sewer System Sewer System 5/8" x 3/4" $3.50 $ 7.80 $10.20 3/4" 5.30 9.60 32.00 1" 7.95 14.40 18.00 1 3/4" 9.20 16.80 21.00 1 1/2" 12.00 21.00 26.50 2" 18.00 35.00 40.00 3" 36.00 66.00 78.00 4" 54.00 92.00 105.00 6" 78.00 132.00 150.00 8" 92.00 - -- - -- 10!' 110.00 - -- - -- Each of the foregoing monthly minimum charges will entitle the customer to the quantity of water such monthly charge will purchase at the following monthly quantity rates: Inside City Outside Ci First 500 cu. ft.-or less $3.50 $7.80 Over 500 cu. ft., per 100 cu. ft. .50 .55 2. The foregoing rates for service shall become effective on September 1, 1976, and shall be applied on all bills issued on or after November 1, 1976. 3. The portions of Resolution No. 3005 pertaining to water rates are hereby rescinded. R 3119 f 1 Resolution No. 3119: On motion of Councilman Graham and on the following roll call vote: (1976 Series) seconded by Councilman Petterson AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT: None the foregoing Resolution was passed and adopted this 23rd day of Au ust, 1976. ATTEST: ,£y Clerk Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIMER, City A torney �1 n By Allen Grimes Approved as to content: 5*4nL City Administrative icer Page 2 RESOLUTION NO. 3118_ (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE SEWER TREATMENT PLANT CAPITAL RESERVE AND AUTHORIZING THE TRANSFER OF FUNDS THERETO. BE IT RESOLVED by the Council of the City of San Luis Obispo. as follows: 1. That within the Capital Replacement Reserve_ of the Sewer fund there be established a separate reserve entitled the Sewer Treatment Plant Capital Reserve. This reserve shall be for the express purpose of accumulating funds to meet the City's financial obligations which may arise from the acceptance of grant funds from the U. S. Environmental Protection Agency (EPA),and the State of California for the construction of Improvements to the City's Sewer Treatment Plant. 2. That annually,there will be transfered to the Sewer Treatment Plant Capital. Reserve, funds equal to one half (1%2) the sewer rental charges billed and collected after November 1, 1976, pursuant to Council resolution No. 3117. 3. That annually, the status of the reserve will be reported to the Council relative to its achievement in meeting the City's grant obligations. On motion of Councilman Petterson , seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson, and Mayor Schwartz NOES: Councilman Norris ABSENT: None the foregoing Resolution was passed and ATTEST: f Cit erl Approved as to form: this 23rd day of August 1976. Approved as to content: WENDT, MITCHELL, SINS MER, de la MOTTE $ LILLEY City Attorney City Administrative OEIIer By Allen Grimes Finance i ctor RESOLUTION NO. 3117 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING SEWER SERVICE CHARGES AND'RESCINDING-'RESOLUTION NO. 2822. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to the provisions of Municipal Code Sections`7502 and 7503, this Council hereby establishes sewer service charges as follows: Every person whose premises in the City are served by a connection with the system of sewage of the City, whereby the sewage or industrial wastes, or either or both, are disposed of-by the City, through the sewage treatment plant, or otherwise, shall pay a sewer rental charge based as follows, to wit: A. For each single family dwelling, the sum of Three Dollars ($3.00) per:-month. B. For each single family dwelling unit in any duplex, double house or other building containing two single family dwelling units, the sum of Three'Dollars ($3.00) per month, per dwelling unit. C. For each apartment house, the sum of Three Dollars ($3.00) per month for each apartment therein. D. For each dwelling unit in any hotel, motel or auto court, the sum of Two Dollars and Twenty Cents '($2.20) per unit per month. E. For each rooming house where two (2) or more rooms are rented to others for lodging purposes, the'sum of Three Dollars ($3.00) for the rooming house, plus Two Dollars and Twenty Cents ( 2:20) per bedroom available for rent, per month. F. For each trailer park, the sum of Four Dollars and Fifty Cents ($4.50) plus Three Dollars ($3.00) per'frailer park space available per month. G. For each church, the sum of Four Dollars and Fifty Cents ($4.50) per month, plus Three Dollars (T3.00) per month for any dwelling units connected thereto. H. For each theater, clubhouse, lodge or place of amusement, the minimum sum of Four Dollars and -Fifty Cents ($4.50) per month. I. For each business establishment, wholesale or retail, the minimum sum of Four Dollars and Fifty Cents ($4.50) per month. J: For each public, private or parochial school, the:minimum-sum of Four Dollars and Fifty Cents ($4.50) per month.. K. Any connection to the sewage system outside the City limits shall be charged at double the rate charged within the City. R 311.7 a Resolution No. 3117 ` i 1976 Series) QUANTITY RATES All users other than single family residences shall be entitled to 1,500 cubic feet of sewage for the minimum charge. Any excess over the minimum amount shall be charged for at the rate of'Thirty Cents ($.30) per 100 cubic feet. Such quantities of sewage shall be determined by the City Engineer, based upon the percentage of water used which is deposited in said sewer facility. Any occupant who may disagree with the City Engineer's determinations may,'at the occupant's "own expense, install private measuring devices in accordance with the specifications approved by the City Engineer. 2. The foregoing rates for service shall become effective on September 1, 1976, and shall be applied on all bills issued on or after November 1, 1976. 3. Resolution No. 2822 is hereby rescinded:'.. On motion of Councilman Petterson , seconded by Councilman Graham f and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Petterson and Mayor Schwartz NOES: Councilman Norris ABSENT: None the foregoing`Resolution was passed and adopted this 23rd day of August , 1976. ATTEST: Approved as fo DAVIS, WENDT, to MIT LL & SINSHEIMER, City At ,erne By Allen Grimes Approved as to content: w City Administrative Off i r r-:X� , �ILla Finance ifec Page 2 ` RESOLUTION NO. 3116 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH SUA INCORPORATED FOR A STUDY CONCERNING THE CITY'S CORPORATION YARD FACILITIES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREE- MENT ON BEHALF OF THE CITY. BE ,IT RESOLVED by the Council of the City of San Luis Obispo as follows: .1. This Council hereby approves an agreement with SUA Incorporated dated August 19, 1976, for a study of the City's Corporation Yard facilities. The Mayor is authorized to execute said agreement on behalf of the City. On motion of Councilman Norris , seconded by Councilman Graham , and on the following roll call vote: AYES: Councilmen Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson the foregoing Resolution was passed and adopted this 19th day of August , 1976. ATTEST: City Clerk Yo. " Approved as to rm: DAVIS, WENDT, M CHELL & SINSHEI ER, Cit Attorney t By Allen Grimes ktm 8/12/76 Approved as to content: City ty Administrative CVicer Director oF Public Services R 3116 AGREEMENT Agreement between SUA Incorporated of 10880 Wilshire Boulevard, Los Angeles, California (hereafter referred to as Consultant), and the City of San. Luis Obispo, California (hereafter referred to as Client). WHEREAS, -the Client desires to have a study made of its public works yard facilities, according to the attached Proposal. AND WHEREAS, the Consultant is a firm qualified to conduct such studies. THEREFORE, the parties hereto mutually agree as follows: 1• The Consultant will perform all services outlined in the attached proposal. 2. The Client will give the Consultant access to the records of and to the properties occupied by the Client to. the degree necessary to accomplish the purposes of the study, and assures the Consultant the cooperation of the employees of the Client for said purposes. 3. For the performance of such work, the Client agrees to pay the Consultant according to the terms set forth under FEE REQUIREMENTS, page four of the attached proposal. The Consultant will invoice as follows: $1500 at the completion of the fact - gathering phase; $3900 upon submission of the interim report; #3,000 upon initial submission of the site plan;.$1000 upon submission.cf the final report and finalized site plan. 4. The City shall have the right to cancel this Agreement for its convenience upon 30 -days written notice to SUA. In such event, SUA will provide to the City all work completed to the date of termination and the City shall pay SUA for all work performed and expenses incurred to the date of termination. ,UG 1 9 1976 5. The Consultant shall meet the conditions of the Client's Affirmative Action Program. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 19th day of August , 1976. ATTEST CITY OF SAN LUIS OBISP., CALIFORNIA City Clerk Mayor ATTEST SUA INCORPORATED Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIMER, CitytAttorney By Allen Grimes AUG 1 9 1976 Bette L. Davis, Vice President Approved as to content: City Administrative Officer Public Services Director =:. BUG 1 9 1976 PROPOSAL TO THE CITY OF SAN LUIS OBISPO, CALIFORNIA I. . SCOPE OF WORK As Consultant.to the City of San Luis Obispo, California, SUA proposes to develop a space use and building program plan for field operations of the City Public Works Department. The study will be specifically oriented toward evaluating yard space requirements and the development of a plan to meet these requirements. The analysis will be oriented towards development of a master plan for a consoli- dated yard. This plan will be developed for a site presently owned by the City. The plan will be based on projections through the year 2000, and may provide for phasing of the building program, if indicated. PROGRAM OF WORK The Consultant will perform the following program of work: Fact Gathering The Consultant will conduct a systematic and comprehensive gather- ing of relevant facts through the use of the following techniques: interviews of management and supervisory personnel in each de- partmental activity; inventory of present facilities; assembling of data on organization, staffing patterns, workload, service areas, and equipment; projections of population; project -ions of system or service changes due to population increase; assembling of reports prepared by City departments and their consultants that relate to the study; and through application.of such other quantitative and_ qualitative,techniques__.as may be..effectivein_ producing the data required for subsequent analysis. The interviews of key personnel will be particularly important in gauging current deficiencies and potential increases or changes in-levels of service and changes in methods or equipment. The Consultant's field research will evaluate the current utili- zation of all types of space in the existing yards, based upon the Consultant's survey and evaluation of plans and maps provi- ded by the City. This will include: service buildings, shops, warehouses, garages, and other enclosed structures; offices; em- ployee facilities; open or covered spaces, or semi - enclosed struc- tures for materials, equipment, personnel and operations. -1- AUG 1 9 1976 M PROPOSAL TO THE CITY OF SAN LUIS OBISPO, CALIFORNIA Information will be collected on the number and type of personnel, vehicles, and equipment required during seasonal - - and peak periods as well as periods of normal workload levels Work and traffic flow will be observed at various times of the day to identify possible deficiencies which can be corrected in the building and site planning process. An analysis of land use and traffic patterns in the area surrounding the City site will be made,to provide information required for effective site planning. Information will be collected on the present City boundaries, street and utility systems, land use patterns and population size and distribution. Data relative to projected City growth and land use change will also be collected. Analysis of Data The information obtained during the field survey will be analyzed to develop an accurate description of the cur -rent staffing levels, space needs, organizational structure, and operational procedures. Specifically, the analysis will concentrate on the development of efficient space allocation standards for personnel, equipment, shops, and materials storage and application of standards to current operations to determine present facilities needs. Projection of Future Needs The projected requirements will be developed as follows: 1. Projections of City growth, obtained from the City and other sources, will be evaluated to determine a projected pattern of City growth and change. 2. Potential changes in organization, operations procedures, and equipment will be analyzed and projected to insure that space will permit effective response to changing conditions. 3. Projections of personnel for each department, division, and subdivision within the scope of the study will be developed by appropriate increments to the year 2000. 4. Application of space standards and projections of space requirements for administrative functions, supplies and storage, shops, garages, vehicle servicing, and vehicle equipment and employee parking will be made. The space requirements will be tabulated by departmental activity. -2- PROPOSAL TO THE CITY OF SAN LUIS OBISPO, CALIFORNIA Development of the Building Program The table of projected space requirements will identify the facilities needs for each function. A phased building . program will be developed specifying the types and amounts of space required, and the time period during which new buildings should be constructed. The proposed occupancies of facilities will be expressed in tabular form designating the allocation of building spaces to various functions. The building program will be developed with due consider- ation to providing the amount and type of space when actually.required, and to the functional relationships among component field service operations. Construction cost estimates will be prepared by the Consultant for new facilities. Information relative to the environmental impact of the proposed facilities will be provided to supplement the City's environmental impact report already prepared for the site. Site Plan A site plan (to scale) will be prepared to illustrate the recommended program. It will graphically illustrate the most effective location for new facilities, recommended flow patterns, and functional relationships. The plan will be presented.to the City prior to its finalization, and.changes and modifications can be made at that time for incorporation in the final plan. II. TIME SCHEDULE, CLIENT CONSULTATION AND PUBLICATIONS. Approximately two months after beginning the project, the Consultant will deliver an Interim Report. This Report will indicate major findings and tentative recommendations to be considered by the City. After a short period for the City to study the Interim.Report, the Consultant will con- duct meetings to discuss. its content and assist in establis- hing major decisions required to finalize the study. -3- AUG 1 9 1976 The Final Report and Site Plan will be submitted approximately one month after receiving formal comments and policy direction from the City based on the Interim Report. SPECIAL NOTE In accordance with the City's decision to consider applying for funds under the recently enacted Public Works legislation, the time f=ame indicated above will be shortened or otherwise altered to the extent necessary to permit preliminary design work to begin in time sufficient to ensure readiness for early application. III. FEES AND REQUISITIONS FEE REQUIREMENTS The total fee for the program of work described above, including all travel and related expenses and 25 copies of the final report, will be the sum of Nine Thousand Four Hundred Dollars ($9,400.00). The Consultant will invoice as follows: $1500 at the completion of the fact - gathering phase; $3900 upon submission of the interim report; $3000 upon initial submission of the site plan; $1000 upon submission of the final report and finalized site plan. August 18, 1976 fi1096R WG 1 9 1976 -4- \I v RESOLUTION NO. 3115 (19 76 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PARCEL NO. S.L.O. 76 -249 (Archie Higdon, Applicant; Location: Los Osos Valley Road)..AND ACCEPTING AN EASEMENT FOR P.REFUMO CANYON CREEK.. F WHEREAS, the following findings regarding the subject final map were made in conformity with the State Subdivision Map Act: 1. The map and subdivision design are consistent with the adopted General Plan. 2. The map promotes a development type and residential density which are suitable for the physipal characteristics of the site. 3., The subdivision design and related improvements will not cause substantial environmental damage nor would they be injurious to fish or wildlife or their habitat. 4. The subdivision design and related improvements will not be likely to cause serious public health problems. 5. The subdivision and related improvements will not conflict with any public easements for access through or use of the subject property. NOW, THEREFORE,, BE IT RESOLVED by the Council of the City of San Luis Obispo that Parcel Map No. S.L.O. 76 -249, Los Osos Valley Road, (Archie Higdon, Applicant) be approved rand the--easement for Prefumo Canyon Creek be accepted. On motion of Councilman Norris seconded by Councilman Graham , and on the following roll call vote:. TG:ktm 8/11/76 R 3115 C. o Resolution No. 3115 2 (19.76 Series) AYES: Councilmen Graham, Norris and Mayor Schwartz None NOES: ABSENT: .Councilmen Gurnee and Petterson the foregoing Resolution was passed and adopted this 19th day of August - 19 76 , ATTEST: y Clerk Approved as to form: DAVIS, WENDT, i TCHELL & SINSHEIMER, Cit Attorney By Allen Grimes ktm 8/11/76 Approved as to content: City Administrati Officer Page 2 G O RESOLUTION NO. 3114 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PARCEL MAP NO. S.L.O. 76- 80(Robert & Donna Sterling, Applicants; Location: Serrano Drive) AND REQUIRING COMPLIANCE WITH CERTAIN CONDITIONS PRIOR TO FILING OF THE MAP. WHEREAS, the following findings regarding the subject final map were made in conformity with the State Subdivision Map Act: 1. The map and subdivision design are consistent with the adopted General Plan. 2. The map promotes a development type and residential density which are suitable for the physical characteristics of the site. 3. The subdivision design and related improvements will not cause substantial environmental damage nor would they be injurious to fish or wildlife or their habitat. 4. The subdivision design and related improvements will not be likely to cause serious public health problems. 5. The subdivision and related improvements will not conflict with any public easements for access through or use of the subject property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Parcel-Map No. S.L.O. 76 -80 on Serrano Drive (Robert & Donna Sterling, Applicants) be approved subject to compliance with conditions listed upon Exhibit "A" attached hereto, and thereby incorporated herein, prior to issuance of any building permits..foi parcels involved. The City agrees to accept street and public improvements when completed to City standards. On motion of Councilman Graham seconded by Councilman Norris , and on the following roll call vote: ktm 8/12/76 R 3114 Resolution No. 3114 2 (1976- Series) AYES: Councilmen Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson the foregoing Resolution was passed and adopted this 19th day of August , 1976 ATTEST: Approved as form: DAVIS, WENDT, 4ITCHELL & SINSHEIMER, C ty Attorney i By Allen Grimes Approved as to content: City Administrati Officer ity -neer ktm 8/9/76 Page 2 Parcel Map No. 76 -80 Conditions of Acceptance Applicant: Robert and Donna Sterling Location Serrano Drive 1. Each parcel shall be served by the City sewer system. 2. Utility services (water, sewer, gas) shall be extended from existing locations from Verde Drive to Palomar within the future right -of -Way of Luneta Drive. 3. Fire hydrant to be installed on Luneta frontage:.acceptable to the City Fire Department. 4: Water acreage fees shall be paid as each parcel is developed. 5. All new utilities shall be underground. 6. All street and utility improvement plans to be presented by a licensed Civil Engineer. 7. The developer shall construct full one - half.street improvements across property frontage Luneta.. Said improvements to consist of curb; gutter, sidewalk, base, and paving for one -half of street. Engineering shall.be conducted by a licensed engineer and inspection fees shall be paid to compensate the City for inspection expenses. 8. If Parcels 2 and 3 are developed prior to the adjacent property to the west (Assessor's Parcel No. 52- 161 -62), the subdivider shall provide an'all weather dust free, to City- established grade, one -half street access across the entire Luneta Drive frontage of the adjacent property. NOTE: Section 9100.9.1 of the Municipal Code states that any failure to record a final map within one year from the approval of the tentative map, or any extension thereof granted by the City Council, shall terminate all proceed- ings and the underlying.subdivision shall be null and void. EXHIBIT „A►► RESOLUTION NO. 3113 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING AGENCIES OF THE CITY TO PREPARE CONFLICT OF INTEREST CODES IN ACCORDANCE WITH THE POLITICAL REFORM ACT OF 1974, DIRECTING PREPARATION OF SUCH CODES AND RESCINDING RESOLUTION NO. 3085: BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The following agencies of the City are hereby designated to prepare and adopt a conflict of interest code (CIC) in accordance with provisions of the Political Reform Act of 1974 (PRA): a. Members of the City Council b. Officials of the City: City Administrative Officer City Attorney City Clerk - Treasurer C. Department Heads: Director of Community Development Director of Public Services Director of Parks & Recreation. Finance Director Fire Chief Police Chief d. Commissions and Advisory Bodies: Architectural Review Commission City,Ho.using Authority Planning Commission Promotional Coordinating Committee ktm 8/9/76 R 3113 Resolution No. 3113 (1976 Series) 2. The above designated agencies are directed to prepare a conflict of interest code and submit it to the City Council no later- than October 4, 1976. 3. Resolution No. 3085 (1976 Series) is hereby repealed. On motion of Councilman Graham seconded by Mayor Schwartz and on the following roll call vote: AYES: Councilmen. Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson the foregoing Resolution was passed and adopted this 19th day of August , 1976. ATTEST: p&-ty- u.Lerr, Approved as to fo DAVIS, WENDT, MIT ELL & SINSHEIMER, City ttorney By Allen Grimes Approved as to content: City Administrative fficer ktm 8/9/76 Page 2 RESOLUTION NO. 3112(1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBI SPO OPPOSING THE PROPOSED SALE BY CALIFORNIA DEPARTMENT OF TRANS- PORTATION OF SURPLUS PROPERTY AT THE MARSH STREET INTERCHANGE AREA. WHEREAS, information has been received that California Department of Transportation intends to sell a 2.77 acre parcel of real property DD- 2158- 01 -01, located at the northwest quadrant of the Marsh Street interchange in the City of San Luis Obispo; and WHEREAS, the:Council finds that all or a portion of said property may be essential to anticipated circulation modifications in the City; and WHEREAS, the Council believes that it is important that this parcel be retained in public ownership until all highway improvements proposed.at the:zite have been constructed; NOW, THEREFORE, BE IT RESOLVED:by the Council of the •City of San Luis Obispo as follows: 1. The California Highway Commission and the Department of Transportation are requested to defer sale of the above described real property in order to prevent this essential public property from being prematurely disposed of. 2. The City Clerk is directed to transmit certified copies of this resolution immediately to Mr. Joseph Sinnott, Chairman of the California Highway Commission, Sacramento, California;. to the California Department of Transportation, Sacramento and San Luis Obispo; to Mr. Ned Rogoway, Director of the -San Luis Obispo County Planning Department; to Dr. Andrew Jones and to Mr. William Heath. On motion of Councilman Norris seconded by Mayor Schwartz and on the following roll call vote: AG:ktm 8/2.3/76 R 3112 Resolution No. 3112 (1976 Series) AYES: Councilmen Graham, Norris and Mayor- Schwartz NOES: None ABSENT.: Councilmen Gurnee and Petterson the foregoing Resolution was passed and adopted this 19th day of August, 1976. ATTEST: Approved as to f DAVIS, WENDT, MI HELL & SINSHEIMER, City ttorney By Allen Grimes Approved as to content: City Administrative Officer AG:ktm 8/23/76 Page 2 RESOLUTION NO. 3111 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL AND THE CITY ADMINISTRATIVE OFFICER. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. ADOPTION OF CONFLICT OF INTEREST CODE. In compliance with Section 87300 of the Government Code, the City Council hereby adopts this Conflict of Interest Code. 2. APPLICATION OF CODE. This Conflict of Interest Code shall be applicable to members of the City Council, whether acting as,a Council member or as governing board member or commissioner of any City agency; and the City Administrative Officer. 3. DISCLOSURE. Codncil members and City Administrative Officer- are already required to disclose investments, interest in real property and income under Sections 87200 and following of the Government Code. Therefore, no other or additional dis- closure requirements are imposed by this Conflict of Interest Code. 4. CIRCUMSTANCES REQUIRING DISQUALIFICATION. Any member of the City Council, whether acting as a Council member or as governing board member or commissioner of any City agency; or the City Administrative Officer, must disqualify himself or herself from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any economic interest, as defined in Government Code Section AG:ktm 7/13/76 R 3111 C Resolution No. 3111 • (1976 Series) 87103. No member shall be prevented from making or participating in the making of any decision to the extent his or her participa- tion is legally required for the decision to be made. 5. DEFINITIONS. Except as otherwise indicated, the definitions contained in the Political Reform Act of 1974 (Government Code Section 81000) and Regulations adopted pursuant thereto are incorporated into this Conflict of Interest. Code. 6. The City Clerk is directed to forward a certified copy of this Resolution to the Fair Political Practices Commission. On motion of Councilman Graham seconded by Councilman Norris and on the following roll call vote: AYES: Councilmen Graham, Norris and Mayor Schwartz NOES: None ABSENT: Councilmen Gurnee and Petterson the foregoing Resolution was passed and adopted this 19th day of August 1976. ATTEST: Approved as to 4orm: DAVIS, WENDT, a By Allen Grimes & SINSHEIMER AG:ktm 7/13/76 Page 2 Q RESOLUTION NO. 3110 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING BUDGET ADJUST - MENTS FOR PAYMENT OF COSTS INVOLVED IN THE EDNA SADDLE TANK SITE ACQUISITION. BE IT RESOLVED bythe Council of the.City of San Luis Obispo that the following budget adjustments be made to allow - payment of settlement in City vs. Bolman et al., Superior Court No. 43833: Account -No. Description Amount (40) 40- 6360 = 504_.: (LOV) Right of Way $5,000.00 40- 0510 -000 $51000.00 DR 40- 0600 -000 $5,000.00 CR On motion of Couricilman Graham , seconded by Councilman Pet terson , and on the following roll call vote: AYES: Councilmen Graham, Petterson, Norris and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 16th day of. August , 1976. ATTEST: CClerk Approved as to form: DAVIS, WENDT, TCHELL & SINSHEIMER, Ci Attorney By Allen Grimes Approved as to content: City AdfftTristrativ6N icer ' s Finance Di e_ or ktm 8/13/76 83110 RESOLUTION NO. 3109 (1976 Series) A RESOLUTION OF THE.COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE COUNTY EMPLOYMENT AND TRAINING OFFICE FOR EMPLOYMENT OF CETA TRAINEES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. BE IT RESOLVED by the Council of the City of.San Luis Obispo as follows: 1. This Council hereby approves an agreement for the period August 1, 1976 through September 30, 1977, with the County Employment and Training Office for employment by the City of CETA trainees. The Mayor is authorized to execute said agreement on behalf of the City. A.'copy of said agreement shall remain on file in the Office of the City Clerk and in the Personnel Office. On motion of Councilman Graham, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 16th day of August, 1976. ATTEST: Clerk Approved as to form: DAVIS, WEND , MITCHELL & SINSHEIMER, ity Attorney By Allen Grimes Approved as to content: � Q�� City Administrative ficer ktm 8/17/76 R 3109 CETA WORK EXPERIENCE AGREEMENT • [Comprehensive Employment and Training Act of 1973] ;0 15 1O47 This Agreement is made and entered into this 24 day of August 1976, in the City of San Luis Obispo, Calfiornia, by and between the County of San Luis Obispo, Employment and Training Office, representing the prime sponsor (hereinafter called "Office "), and the City of San Luis Obispo (hereinafter called "Grantee "). L^M�14�I�Xy�M� In consideration of the mutual covenants, conditions, promises and agreements herein set forth, Office and Grantee hereby mutually covenant and agree as follows: 1. The term of this Agreement shall be from August 1, 1975, through and including September 30, 1977, inclusive. 2. Office shall refer eligible participants to Grantee for a Work Site Training Project, hereinafter referred to as "Project" pursuant to Work Site Training Project specifications. 3. Grantee shall provide supervision, materials, space, equipment and training necessary for the operation of the Project, except materials and equipment which Office agrees in writing to provide reimbursement for. 4. Workmen's Compensation coverage for participants referred to the Work Site Grantee will be provided by Grantee with reimbursement by Office. 5. Grantee shall provide participants with safety instructions and equipment necessary for reasonable protection against injury and damage, except where Office agrees in writing to provide the same or reimbursement therefor.. If Grantee provides special clothing or equipment for its regular employees, Grantee shall provide the same type of clothing or equipment to the participants, except where Office agrees in writing to provide such items or to provide reimbursement to Grantee for the same. Grantee's facilities and equipment used under this Agreement shall comply with.all applicable federal, state, county and city health and safety laws. 6. Grantee shall maintain the confidentiality of any information regarding participants or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies or counselors or any other source. Without the prior written consent of Office, such information shall be divulged by Grantee only as necessary for the performance or evaluation of this Agreement, and only to persons having responsibilities under this Agreement. 7. Office has the right to observe and monitor all conditions and activities of the project under this Agreement and shall have reasonable access to and the right to inspect the Project site. 8. This Agreement is subject to Title VI of the Civil Rights Act of 1964 and to the regulations issued under that Title. Any service, financial aid or other benefits to be provided under this Agreement shall be provided without discrimination to disadvantaged persons regardless of race., color, creed, national origin, political affiliation or beliefs, handicaps, age or sex. Grantee shall submit such reports and records as required to insure compliance with this paragraph. 9. The parties to this Agreement shall abide by the provisions of the attached assurances attached hereto marked Exhibit "A" which are hereby incorporated herein by reference as though fully set out herein. 10. This Agreement covers all participants enrolled in a Work Experience Training Project at or on Grantee's work site, with no speci- fied number of participants or job categories set during the term of this Agreement. 11. This Agreement covers all participants enrolled in a work exper- ience project whether in a full or part -time capacity. 12. To be valid and binding, alterations or variations of the terms of this Agreement must be in writing, signed by the parties hereto. There are no oral understandings or agreements not incorporated herein. 13. Grantee shall pay participants hereunder the minimum wages required by Federal law. 14. Grantee shall pay participant's wages to the participant and submit a voucher therefor to Office for all costs incurred by the day of each month. No costs for administrative purposes by Grantee may be billed. 15. Participants participating hereunder shall not by reason thereof be deemed to be employees of Office for any purpose, but rather such partic- ipants shall be Grantee's employees for all purposes hereunder. 16. Grantee shall defend, indemnify and save harmless Office and its officers, agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action and judgments in any way arising out of any act or failure to act by Grantee hereunder, provided that the above shall not apply to any act or failure to act by Office hereunder. 17. Grantee shall add Office as an additional named insured to Grantee's public liability and property damage insurance for the purposes of this Agreement. 18. Employment of any individual or individuals under this Agree- ment may be• terminated by Grantee at any time at Grantee's sole discretion. 19. This Agreement may be cancelled by.either party in their sole discretion upon written notification ten (10) days prior to such cancellation. IN WITNESS WHEREOF, the Agreement has been executed in duplicate by and on behalf of the parties Hereto on the day and year first hereinabove set forth. e OFFICE GRANTEE Signature V— Signature Hans Heilman Kenneth E. Schwartz Chairman of the Board of Mayor of the City of Supervisors San Luis Obispo Courthouse Annex, Room 217 City Hall, 990 Palm Street San Luis Obispo, CA 93401 San Luis Obispo, CA 93406 Telephone: (805) 543 -1550 Telephone: (805) 541 -1000 APPROVED AS TO FORM AND ATTEST: �! LEGAL EFFECT: 1976 Y C.Lef c ROBERT N. TAIT Approved as to form: District Attorney DAVIS, WENDT, MITCHELL & San Luis Obispo County SINSHEIMER, Cit Attorney By: Deputy District Attorney By Allen Grimes ktm 8/13/76 Approved as to content: r Administrative Officer Fi ance Dire or C> � RESOLUTION NO. 3108 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE DEPARTMENT OF GENERAL SERVICE OF THE STATE OF CALIFORNIA TO PURCHASE VEHICLES, EQUIPMENT AND SUPPLIES. BE IT RESOLVED that the Council of the City of San Luis Obispo does hereby authorize the Office of Procurement, Department of General Services of the State of California to purchase vehicles, equipment and supplies for and on behalf of the City of San Luis Obispo pursuant to Section 14814, Government Code, and that R.C. Muravez, Finance Director, is hereby authorized and directed to sign and deliver all necessary requests and other documents in connection therewith, for and on behalf of the City of San Luis Obispo, consistent with the normal purchasing procedures of the City. On motion of Councilman Gurnee, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris and Patterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 2nd day of August, 1976. ATTEST: %/��� imp Cy Cf-e�7k Allen Grimes Approved as to content: City AcTministrative 0 icer inance Dir id 'RESOLUTION NO. 3107 (1976 Series))! A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby finds and confirms the existence as of August 2, 1976, of duly imposed liens in the amounts and upon the real property parcels set forth in Exhibit "A" delinquency list attached hereto. Said liens were imposed for weed abatement costs incurred by the City upon said parcels and are in accordance with provisions of the City's Municipal Code. 2. The City Clerk is directed to send a certified copy of this resolution to the Auditor - Controller of the County of San Luis Obispo for collection of said liens along with regular City property taxes. On motion of Councilman Gurnee, seconded by Councilman Norris,,'and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 2nd day of August, 1976. ATTEST: i Approved as to fo DAVIS, WENDT, MIT LL & SINSHEIMER, City orney 4 Allen Grimes Approved as to content: City Administrative 0 llsc er Y DELINQUENT WEED ABATEMENTS Parcel Tax Rate Assessment Number Area Amount Year 03- 561 -01 003 -000 42.00 1975 03- 656 -12 003 -000 38.75 1975 03- 652 -12 003 -000 72.50 1975 04- 842 -12 003 -000 65.75 1975 04- 833 -04 003 -000 85.50 1975 02- 294 -06 003 -000 45.50 1975 01- 193 -01 003 -000 59.75 1975 04- 902 -19 003 -000 37.50 1975 53- 113 -15 003 -006 61.75 1975 53- 113 -43 003 -006 52.25 1975 53- 071 -10 003 -000 51.00 1975 52- 161 -83 003 -000 149.50 1975 52- 193 -01 003 -001 59.00 1975 53- 111 -26 003 -006 38.00 1975 03- 664_16' 003 -000 27.75 1975 03= 664 -21 003 -000 28.00 1975 03- 781 -08 003 -000 54.50 1975 03- 781 -09 003 -000 54.50 1975 03- 735 -13 003 -000 33.50 1975 04- 833 -03 003 -000 41.50 1975 04- 833 -02 003 -000 41.50 1975 04- 601 -19 003 -000 54.50 1975 53- 111 -26 003 -006 209.00 1975 01- 131 -05 003 -000 27.00 1975 EXHIBIT "A" i rl Parcel Tax Rate Assessment Number Area Amount Year 04- 611 -22 003 -005 21.50 1975 04- 611 -25 003 =005 21.50 1975 04- 871 -10 003 -005 28.00 1975 52- 134 -35 003 -000 59.00 1975 52- 135 -17 003 -000 45.50 1975 52- 136 -08 003 -000 45.50 1975 52- 244 -13 003 -000 51.00 1975 01- 224 -17 003 -000 64.50 1975 04- 371 -04 003 -005 41.50 1975 04- 451 -11: 003 -005 489.00 1975 04- 961 -66 003 -000 69.25 1975 EXHIBIT "A" + Resolution No. 3106 (1976 Series) On motion of Councilman Gurnee, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 2nd day of August, 1976. ATTEST: y Clerk Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIMER, City Attorney Allen Grimes 11�JP : Approved as to content:. City Administrative Nicer Finance Di c U RESOLUTION NO. 3.106 (1976 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABISHING A PAINTING MAINTENANCE PROGRAM FOR CITY FACILITIES AND AUTHORIZING APPROPRIATIONS FOR THE 1976/1977 FISCAL YEAR. BE IT RESOLVED by the Council of.the City of San Luis Obispo as follows: 1. That a Painting Maintenance Program be established under the Department of Public Services for the preservation and maintenance of all City buildings and facilities. 2. That appropriation for the above program be established for the 1976/1977 fiscal year as follows: A. General Fund Facilities: Account No. Facility Description Budget Amount (50) 01- 2863 -825 City Hall $ 31600. (80) 01- 4063 -825 Police Station 4,200. (85) 01- 4163 -825 Fire Station 11200. 9,000. (05) 01- 3999 -000 General Fund Contingencies ( 9,000.) B. Library Fund Facilities: Account No. Facility Description Budget Amount (65) 10- 5663 -825 Library Building $ 11000. 10- 0510 -000 Appropriations 19000. CR. 10- 0600 -000 Unappropriated Fund Balance 1,000. DR C. Park and Recreation Fund Facilities: Account No. Facility Description Budget Amount (50) 11- 5763 -825 Recreation Buildings $ 3,500. (50) 11- 5963 -825 Municipal Golf Course 1,500. 11- 0510 -000 Appropriation 5,000. CR 11- 0600 -000 Unappropriated Fund Balances 5,000. DR TOTAL PAINTING MAINTENANCE PROGRAM $15,000. R 3106 RESOLUTION NO V 3105 (1976 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, INCREASING PARK AND RECREATION FUND APPROPRIATIONS FOR THE 1976/1977 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the Park and Recreation Fund, Appropriation Accounts are increased as follows: Account No. , Description Budget Amount (60) 11- 5702 -010 Park & Recreation - Postage $ 100. (60) 11 -5702 -017 Park & Recreation - Publications 100. (60) 11- 5708 -093 Park & Recreation - Photo Service 100. (60) 11 -5711 -143 Park & Recreation - Education & Training 250. (60) 11 -5711 -144 Park ,& Recreation - Misc. Meeting Expenses 650. (60) 11- 5712 -230 Park & Recreation - Photo Supplies 150. 11- 0510 -000 Appropriations Increase. $1,350. CR 11- 0600 -000 Unappropriated Balance 1,350. DR On motion of Councilman Gurnee, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 2nd day of August, 1976. ATTEST: Approved as to for DAVIS, WENDT, MITCH L & SINSHEIMER, City At me Allen Grimes Approved as to content: City Administ tive ficer Finance Direc or .. RESOLUTION NO. 3104 (1976 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING GENERAL FUND BUDGET TRANSFER FROM CONTINGENCY APPROPRIATIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following General Fund budget transfer are authorized: ACCOUNT NO. (85) 01- 4113 -270 (05) 01- 3999 -000 DESCRIPTION AMOUNT Fire Alarm Supplies $2,500.00 increase General Fund Contingencies $2,500.00 decrease On motion of Councilman Gurnee, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 2nd day of August, 1976. ATTEST: C erk Approved as to form: DAVIS, 14ENDT, MITrELL & SINSHEIMER, City ttorney Allen Grimes Approved as to content: �? City Administrative Of INK v4 inance e for Y RESOLUTION NO. 3103 (1976 Series) A RESOLUTION MAKING YEAR -END ADJUSTMENTS IN THE 1975/76 BUDGET, AUTHORIZING COVERAGE OF DEPARTMENTAL OBJECT ACCOUNT AND LINE ITEM BUDGET OVERDRAFTS ON A BLANKET BASIS AND MAKING TRANSFERS AMONG VARIOUS FUNDS TO COMPLY WITH STATUTORY REQUIREMENTS, COVENANTS WITH BOND HOLDERS AND FOR OTHER PURPOSES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the following year -end appropriations adjustments be made in the 1975/76 budget. A. General Fund (40) 01- 4701 -001 (40) 01- 4701 -002 (50) 01- 2801 -001 (50) 01- 5105 -051 (80) 01- 4101 -003 Budget Increase Engineering - Salaries $10,053. Engineering - Salary (Temp.) 4,756. Govt. Bldg. - Salaries 32. Traffic Sig. - 'Electric 10,972. Police - Overtime 8,007. 01- 0510 -000 Appropriations 33,820. Credit 01- 0600 -000 Unappropriated Fund Bal. 33,820. Debit B. Park $ Recreation Fund (50) 11- 5701 -001 Park Maintenance - Salaries $ 2,181. 11- 0510 -000 Appropriations 11 -0600 -000 Unappropriated Fund Bal C. Utility Tax Fund (40) 14 -5762 -729 (80) 14- 4001 -001 (80) 14- 4001 -003 (80) 14- 4001 -004 (80) 14- 4001 -006 (80) 14- 4050 -000 (85) 14- 4101 -003 Jack R Police Police Police Police Police Fire - :sidence Improv. - Salaries - Overtime - Retirement - Compensation Ins - Vehicles Overtime 14- 0510 -000 Appropriations 14- 0600 -000 Unappropriated Fund Bal 2,181. Credit 2,181. Debit $ 26. 1,493. 1,960. 112. 140. 264. 4,356. Credit 4,356. Debit D. Business Improvement Area Fund (05) 15 -3303 -031 B..I.A. Advertising $ 1,172.. (05) 15- 6863 -732 Parking Lot #12 (Gr. West.) 582.. 15- 0510 -000 Appropriations 1,754. Credit 15- 0600 -000 Unappropriated Fund Bal. 1,754. Debit Resolution No. 310(, -2- E. Leff, Bond f, Ramona Assessment Dist. (07) 77- 9916 -440 Bond Redemption Q(1976 Series) 77- 0510 -000 Appropriations 77- 0600 -000 Unappropriated Fund Bal Budget Increase R 117 112.. Credit 112. Debit 2. That the Council hereby authorizes coverage of Departmental Budget overdrafts on a blanket basis within activity, object and line item accounts provided that such overdrafts are offset by equal unexpended balances within the departmental budget and the adjustments indicated above. The Council further finds that adjustments between line item, object and activity accounts would only be accomplished at an expend- iture of-time and expense without commensurate benefit. 3. That $3,415.01 be transferred from the General Fund to the Water Fund as a contribution to achieve a cash balance covering reserve account accumulation for bond service and other purposes. On motion of Councilman Gurnee, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 2nd day of August, 1976. ATTEST: Approved as to form: DAVIS, WENDT, MITCHELL & SINSHEIMER, City Attorney Allen Grimes Approved as to content: City Administrative 0 er finance Di4. c r RESOLUTION NO. 3102 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE MCMILLAN AVENUE ASSESSMENT DISTRICT FUND AND AUTHORIZING CASH ADVANCES TO THE FUND FOR THE 1975/76 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the McMillan Avenue Assessment District Fund is established as Fund No. 78 within the Chart of Accounts of the City. Further, that the following cash advance be made from the Equipment Replacement Fund to the McMillan Avenue Assessment Fund to cover the preliminary costs of the District incurred during the 1975/76 fiscal year. Account No. Description Equipment Replacement Fund (40) 41- 0100 -000 Cash 41- 0160 -780 Due from McMillan Ave. Assess. Dist. 41- 0415 -780 Reserve for Advances 41- 0530 -000 Transfers to Other Funds McMillan Avenue Assessment Dist. (78) 78- 0100 -000 Cash 78 -0360 -410 Due to Equip-Replacement Fund Amount $2,200.00 CR 2.,200.00 DR 2,200.00 CR - 2,200.00 DR 2,200.00 DR 2,200.00 CR On notion of'Councilman Gurnee, seconded by Councilman Norris, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 2nd day of August, 1976. ATTEST: y rc Approved as to f rm: Approved as to content: DAVIS, WENDT, MI CHELL & SINSHEIMER, City ttorney City Administrative icer Allen Grimes finance Di c or u RESOLUTION NO. 3101 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE U.S. CIVIL SERVICE COMMISSION TO CONDUCT A CLASSIFICAT.ION'AND PAY STUDY FOR THE CITY AND AUTHORIZING THE MAYOR TO EXECUTE ANY NECESSARY DOCUMENTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: This Council hereby approves Civil Service Commission Agreement form 995, Agreement for Technical Services, Inter- governmental Personnel Act of 1970, to provide services, to conduct a classification and pay study plan for the City..: The Mayor is authorized to execute the necessary documents on behalf of the City. On motion of Councilman Gurnee , seconded by Councilman Norris and on the following roll call.vote: AYES: Councilmen Graham, Gurnee, Norris and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 2nd day of August 1976. ATTEST: Mayor Pro em J Approved as to content: `City Clerk n Approved as t orm: DAVIS, WENDT, TCHELL & SINSHEIMER, Ci Attorney By Allen Grimes ktm 7/29/76 City Administrative XfTicer R 3101 rY; ♦yy -: ,„, .(l.` �1A• L.IP' -:• :�.ei <.;�h`v; h�'r .� a"'ar 'arv'��`�i .'tif iin�� "S �'��{'.^^,.y�(� �,1 •'•A .a 4.'Y`1. T :�� r..:- -.rva,�... 'ice ay. i, -�,' .�`� � .��'.:.-H',r -�ij Qi.:n.'. H ".4`1.SN,�`.?^kR.✓�n�y.:i. i .tit y . T i i I AGREEMENT. FOR TECHNICAL SERVICES It is forced, nndrr authority of the Intergovrnmmrnlal I'oitonnol Act of 1970 (P.L. 91 -61$, 8,1 Stat. 1911) and;br the Intergovernmental Cooperation Act of 1968 (P.L. W -577, 82 Shit. 1102), hrtwrcn the Governmental lfnit idonlified in paragnph 1 helow and the United Slates tJvil Service Commission (CSC herrin), that the CSC will provirle the services ennmernlyd iii paragraph 2 helov: : Ihat neon completion Illerrof, the Governmental Unit Will pay the CSC, in accord with tl c lams of pangr;lpli ; helow. This agreement constitutes the sole and final agreement between the parties and all cllanges must be in writing. 1. Governmental Unit Mail Richard D. Miller, A.O. lienry Marquez, Special Asst. To 11.0. Box 37.1 City of San Luis Obi- spo,'California San Luis Obispo, CA 93406 2. Services Requested (including project purpose, objectives, and product(s)) Conduct a classification and pay survey for approximately 211 positions in the service of the City of San Luis Obispo. Project methodology will include: -- Distribution of position description questionnaires - -Desk audits of a sample of positions (at least 40%) -- Preparation of individual classification and pay recommendations for each position (employee). -- Review of preliminary recommendations with Administrative staff and department heads. -- Distribution of individual classification and pay recommendations to each employee and a review of their comments and appeals in writing before finalization of the recommendations CONTINUED (over) 3a. Estimated Startinq Date 3b. Estimated Completion Dale May 15, 1976 September, 1976 4. Terms of Payment amt Estimated Cost Tire City of San Luis Obispo agrees to Personnel. Costs: $4510' reimburse the U.S. Civil Service Commission Travel and Per Diem: 490 for actual costs upon billing at the com- pletion of the project not to exceed $5000. Total Estimated Cost: $5000 'I'he City will type class specifications and assist in tien coordination of. Lire project. 5. Tile rrguestrr certifies lint the services requested herein cannot be procured reasonably and expeditiously through ordinary business channels. I City of San Luis Obispo, California 8 -3 -76 Name and Title of Rertuester Signatur yor Pro -tem Datr Francis V. Yanak, Dirprtnr anirFranf�lscof ���irnn raving ilflicrr S gnaluir pal Identification Number Budget and Fiscal Code L9AN r U 1 1,-�L UJt Cost Estimates by Funding Source CSC Form 995 Revised hlay 1974 i' ` i . Ar :t �.4 ti � �Y 1 '14 *7 —Preparation of a report dcLailing project methodology and recommen- dations. Orienting City 1wrsonnel office staff in project methodolo and training them in an, ;.hase of the project in which they may wish so that they may learn pi-oject methodology and maintenance of the plan. —Preparation of a report dcLailing project methodology and recommen- dations. Orienting City 1wrsonnel office staff in project methodolo and training them in an, ;.hase of the project in which they may wish so that they may learn pi-oject methodology and maintenance of the plan. 0 RESOLUTION NO. 3100 (1976 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION IN SAID CITY ON TUESDAY, NOVEMBER 2, 1976, FOR THE PURPOSE OF VOTING ON THE ADOPTION OF A NEW CITY CHARTER. WHEREAS, Section 3 of Article XI of the Constitution of the State of California authorizes the legislative body of a City on its own motion, to frame or cause to be framed a proposed charter for the government of any such City, and to submit a proposal for the adoption thereof to the electors of said City; and WHEREAS, a.-'citizens' committee was appointed by the Council to review the existing Charter and submit recommendations and proposals relating to its revision; and WHEREAS, said committee.has submitted a proposed revised Charter to the Council and the Council_,has reviewed said pro- posal, has modified it, and desires to submit said Charter to the electors of the City for approval or rejection; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and.ordered to be held in the City of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday, November 2, 1976, a Special Municipal Election of the qualified electors of said City for the purpose of voting upon the adoption of a new City Charter, a copy of which is filed for record and is available for public inspection in the Office of the City Clerk. l` 3. The proposition to be voted on at said Special Municipal Election shall be: AG:ktm 8/4/76 R 3100 Shall the proposed Charter of the YES City of San Luis Obispo be adopted? NO AG:ktm 8/4/76 R 3100 Resolution No. 30 R(1976 Series) 4. The City Clerk is hereby directed to cause the proposed Charter to be published once within fifteen (15) days after the adoption of this Resolution in the Telegram - Tribune, a newspaper of general circulation printed and published in the City of San Luis Obispo, in each edition thereof during the day of publication. 5. The City Clerk is hereby directed to cause a notice to qualified electors of the City of San Luis Obispo that copies of the proposed Charter may be had upon application therefor at the Office of the City Clerk of said City, at the City Hall in San Luis Obispo, to be published in the Telegram- Tribune, a newspaper of general circulation printed and published in the City of San Luis Obispo, on the day said proposed Charter is published and in each edition of said newspaper thereafter until . the day fixed for the election. 6. The City Clerk is hereby directed to file certified copies of this Resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. 7. The City Clerk shall certify to the passage and adoption of:this Resolution. On motion. of Councilman Petterson, seconded by Councilman Graham _ ; and on the following roll call vote: AYES: Councilmen Graham, Petterson and Mayor Schwartz NOES:- Councilman Norris ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 16th day Of August 1976. ATTEST: Jam.. -• AG:ktm 8/4/76 Page 2 Resolution No. 31u�"i Approved as to form: DAVIS, WENDT, TCHELL & SINSHEIMER, Ci. Attorney By Allen Grimes (1976 Series) Approved as to content: City Administrativ-h,,Officer �1�� %o�li -- �r 1-erk -- AG:ktm 8/4/76 Page 3