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Home My WebLink About3300-3354RESOLUTION NO 3354 (19 77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO'APPROVING AN AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO FOR PAVING A PORTION OF LOS OSOS VALLEY ROAD. 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 the County of San.Luis Obispo for paving a 0.14 mile portion of Los Osos Valley Road as part of a County resurfacing 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: County Engineering Department and the City Engineer. On motion of Councilman Gurnee seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 21st day of June , 19 77 . ATTEST: C le rk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Cor'4Oration City Attorney 71 1* By Allen Grimes )I\ ENDORSEMENTS AS TO CONTENT ON AGREEMENT. R 3354 \/ 1 AGREEMENT PROVIDING SUPPLEMENTARY FINANCING FOR RESURFACING A PORTION OF A, ROAD WITHIN THE CITY OF SAN LUIS OBISPO THIS AGREEMENT is made and entered into this 23rd day of June 1977, by and between the COUNTY OF SAN LUIS OBISPO, hereinafter referred to as "COUNTY" and the CITY OF SAN LUIS OBISPO., hereinafter referred to as "CITY ". WITNESSETH: WHEREAS, COUNTY_is undertaking a project for the resurfacing of certain roads throughout the County; and WHEREAS, COUNTY proposes to let a contract for said project; and WHEREAS, CITY requests that as a part of said project COUNTY re- surface a 0.14 mile portion of Los Osos Valley Road located within the city limits since it will be more economical to resurface said road as a part of COUNTY'S contract.. NOW, THEREFORE, in consideration of the mutual covenants, con- ditions and promises herein set forth, COUNTY and CITY agree as fo11ows: 1. COUNTY shall include said portion of Los Osos Valley Road in the contract specifications for said project as-Site No. 24. 2. CITY shall pay COUNTY an amount equal to that which the COUNTY pays contractor for doing said resurfacing work for CITY, plus a pro rata share of the engineering, incidental, and overhead costs associated with the.work performed for the CITY. 3. CITY shall make said payment within thirty (30) days follow- ing submission of a bill for said resurfacing; said bill to be se!-t to CITY only after "Notice of Completion" has been duly recorded by COUNTY for said_ project. 4. Upon acceptance of the completed project by COUNTY, or upon contractor being relie.ved of the duty of maintaining and pro - tecting said portion of Los Osos Valley Road, CITY shall assume responsibility for maintenance and. /or repair of said portion of Los Osos Valley Road at CITY'S sole cost and expense. 5. Pursuant to Goverment Code Section 895.4, CITY shall de- fend, indemnify and save harmless the COUNTY, its officers, agents and employees from any and all claims', demands, damages, costs, expenses,' or, liability.arising out of this agreement or occasioned by the forma.nce or attempted performance.of the provisions hereof; provided, however, that the foregoing shall not apply to the. sole negligence or. Wilful misconduct of COUNTY or COUNTY'S agents, servants, or inde- pendent contractors who are directly responsible to COUNTY. 6. This agreement shall have no force or effect unless-and until a contract acceptable to COUNTY is awarded for said oroject. IN WITNESS WHEREOF, COUNTY and CITY have executed this agree - ment on the.day and year first above written. COUNTY OF SAN LUIS OBISPO By: Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors CITY OF SAN LUIS OBISPO By: Fiayor Kenneth F. Schr-artz. -cr ATTEST: City Clerk J.H. Fit2D8tricl: APPROVED AS TO FOU'l AND LEGAL AFFECT: ROBERT N. T.AIT, District Attorney l By puty Distr;Ct ttorney Approved as to form: 4 WENDT; MMIELL, SIN1 -IFI: -BIER, de la M07rE &, LTLLEI' I City Attorney' 1 By Allen Crimes -3- J Approved as to content: City A m1n`ist.rat:ivc (ifficor C`i'ty hnalnecr r X33 AGREEMENT PROVIDING SUPPLEMENTARY FINANCING FOR RESURFACING A PORTION OF A ROAD WITHIN THE CITY OF SAN LUIS OBISPO THIS AGREEMENT is made a.nd entered into this 23rd day of June , 1977, by -and between the COUNTY OF SAN LUIS OBISPO, hereinafter referred to as "COUNTY" and the CITY OF SAN LUIS OBISPO, hereinafter referred to as "C.ITY ". WITNESSETH: WHEREAS, COUNTY is undertaking a project for.the resurfacing of certain roads throughout the County; and WHEREAS, COUNTY proposes to let a contract for said project; and WHEREAS, CITY requests that as a part of said project COUNTY re- surface a 0.14 mile portion of Los Osos Valley Road located within the city limits since it will be more economical, to resurface said road as a part of COUNTY'S contract. NOW, THEREFORE, in consideration of the mutual covenants, con- ditions and promises herein set forth, COUNTY a.nd CITY agree as follows: 1. COUNTY shall include said portion of Los Osos Valley Road in the contract specifications for said project as Site No. 24. 2.. CITY shall pay COUNTY an amount equal to that which the COUNTY pays contractor for doing said resurfacing work for CITY, plus a pro rata share of the engineering, incidental, and overhead costs associated with the work performed for the CITY. 3.. CITY shall make said payment within thirty (30) days follow- ing submission of a bill for said resurfacing; said bill to be sent to CITY only after "Notice of Completion" has been duly recorded by COUNTY for said project. 4. Upon acceptance of the completed project by COUNTY, or upon contractor being relieved of the duty of maintaining and pro- tecting said portion of Los Osos Valley Road, CITY shall assume responsibility for maintenance and /or repair of said portion of Los Osos Valley Road at CITY'S sole cost and expense. 5. Pursuant to Goverment Code Section 895.4, CITY shall de- fend, indemnify a.nd save harmless the COUNTY, its.officers, agents and employees from any and al.l claims, demands,.damages, costs, expenses, or liability arising out of this agreement or occasioned by the per - formance or attempted performance of the provisions hereof; provided, however, that the foregoing shall not apply to the sole negligence or wilful misconduct of COUNTY or COUNTY'S agents, servants, or inde- pendent contractors who are directly responsible to COUNTY. 6. This agreement shall have no force or effect unless and until a contract acceptable to COUNTY is awarded for said project. IN WITNESS WHEREOF, COUNTY and CITY have executed this agree- ment . on the.day and year first above written. COUNTY OF SAN LUIS OBI1SPO BY Chairman of the Board of Supervisors ATTEST: Clerk of the Board of Supervisors CITYIOF SAN LUIS OBISPO r yor Kenneth E. 2— ATTEST: Ci4-CJerk J.11. Fitzpatrick APPROVED AS TO FORM AND LEGAL AFFECT: ROBERT N. TAIT, District Attorney. By p u t y D i s t rtc t—Tft orn —ey Approved as to form: WENDT, 1•!1TC11ELL, SINAinmr-iR de la NIOTTF & LILLEYA City Attorney By Allen Crimes -3- Approved as to content: We" City Mmln.]-s r a �iv e�li Tee r City Enaincer Q S9 LUIS OBISPO COUnTY ROOM 101 . COURTHOUSE ANNEX + SAN LUIS OBISPO Y CALIFORNIA GEORGE C. PROTOPAPAS County Engineer 8. WARD PHELPS DEPUTY COUNTY ENGINEER -FIELD CLINTON MILNE DEPUTY COUNTY ENGINEER-OFFICE June 24, 1977 The Honorable Board of Supervisors County of San Luis Obispo San Luis Obispo, CA File: 1976 -77 Paving Contract 056402 Cooperative Agreement - Obispo COUNTY ENGINEERING DEPARTMENT 93401 . ( 805) 544 -5500 Subject:. 1977 Paving Contract - with City of San Luis Gentlemen: ROADS TRANSPORTATION FLOOD CONTROL WATER CONSERVATION SURVEYOR SANITATION The County of San Luis Obispo has entered into a contract with Madonna Construction Company for the paving of various County roads throughout the County. One of the project locations in the contract is Los Osos Valley Road between State Highway 101 and Madonna Road. The City desires to participate in paving that .portion of the travelled way within the City. Limits. It is our RECOMMENDATION that the County enter into an agreement previously executed by the City to pave the portion of Madonna Road within the City Limits between Highway 101 and Madonna.Road. Discussion: Attached is a copy of an agreement prepared by the City's and County's legal.staff to pave approximately 0.14 mile of Los Osos Valley Road within the City Limits. The .estimated cost of paving is $3,700. Respectfully, GEORGE C. PROTOPAPAS County. Engineer GCP /ELM /nt. Encl. ti IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISP09 STATE OF CALIFORNIA - -- --- - -- day -------- 1" y == --------- -,19 -- 7 7 PRESENT: Supervisors Ilcrs eila an, ;- illeiord, i'w-t T'. 1,1ppeY, C? al d J. ".roj su, cnd C c,.irc4 �;.ota. rd :ur!ci_i: ABSENT: ne RESOLUTION NO • 77 -6.44 RESOLUTION APPROVING AND AUTHCRIZIMG EXECUTION OF AGREEMENT PROVIDING SUPPLEMENTARY FINANCING FOR RESURFACIN% A PORTION OF A ROAD WITHIN THE CITY OF SAS! LUIS OBISPO The following Resolution is now offered and read: WHEREAS, County is undertaking a project for the resurfacing of certain roads throughout the County; and and WHEREAS, County proposes to let a contract for said project; WHEREAS, City requests that as a part of said project County resurface a 0.14 mile portion of Los Osos Valley Road located within the city limits since it will be more economical to resurface said road as a part of County's contract; and 14HEREAS, Streets and Highways Code Section 1686 permits the Board of Supervisors to extend aid to the City of San Luis Obispo for the improvement of streets within the city. NOU3 THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, as follows: 1. The Agreement entitled 'Agreement Providing Supplementary Financing For Resurfacing A Portion Of A Road Nithin The City Of San Luis Obispo ", a cony of which is attached hereto, marked Exhibit "A" and by this reference made a part hereof, is hereby approved. 2. The Chairman of the Board of Supervisors :is hereby author- ized and-directed to execute said agreement on behalf of the County of San Luis.Ob,ispo evidencing this Board',s approval thereof. ,This Resolution is, adopted by at least a four- fifths vote of all members of this Board of Supervisors. CD -34 _.... ... 6 CD -325 __r____ Deputy Clerk. 1MAGENDa tTYM # C7 ��IIIII III III II VIIIIIII APPROVED ( j DEMED 101 i �t san tuis,o "is i I Agft city o � DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 321 • San Luis Obispo, CA 93406. 805/541 -1000 June 7, 1977 MEMORANDUM TO: Richard D. Miller City Administrator FROM: Wayne A. Peters City Engineer 3;) SUBJECT: Joint Powers Agreement with San Luis Obispo County for Paving a Portion of Los Osos Valley Road Last year the Council directed Staff to pave a portion of Los Osos Valley Road, only if the County would pave adjacent portions. We have worked with the County to prepare the attached agreement. If the Council will approve this agreement, the County will pave our portion of Los Osos Valley Road at the Highway 101 over- crossing along with their portions of Los Osos Valley Road in that area. The estimated cost to the City is $4632.50.. The exact figure won't be known until the work has been completed. The contract is scheduled to be opened June 14 and the work to be begun about July 1. County estimates that the bill will be sent to the City on or about October 1, 1977. The agreement calls for us to pay for the actual cost of the paving, plus a share of the overhead expenses. Recommendation:( Staff recommends that the Council approve the agreement and authorize the Mayor to sign.] � co„c yr WAP:bk Attachment �� RESOLUTION NO. - 3353 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING A TRANSFER OF REVENUE SHARING APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following Transfer of Revenue. Sharing Appropriations is authorized to provide funding for the Water Treatment Plant - Filter Media Project and additional funds for the Water Engineering & Finance Study. Account Description Revenue Sharing Entitlement 6 (40) 36- 6360 -503 Water -Cross Town Feeder Project, Phase II (R /W) (40) 36- 6361 -619 Water -Cross Town Feeder Project, Phase II (Const.) (40) 36- 2580 -911 Water - Engineering F, Finance Study 36- 0510 -000 Appropriation 36- 0600 -000 Unappropriated Balance. Revenue Sharing Entitlement 7 (40) 37- 2580 -911 Water - Engineering $ Finance Study (40) 37- 6262 -736 Water - Treatment Plant Filter Media Project (40) 37- 6361 -619 Water Cross Town Feeder Project, Phase II (Const.) (40) 37- 6363 -831 Water Tanks - Cathodic Protection 37- 0510 -000 Appropriations 37- 0600 -000 Unappropriated Balance Budget Amount $11,350. CR. $16,800. DR. $ 4,200. DR. $ 9,650. DR. $ 9,650. CR. $ 9,650. DR. $ 8,900. DR. $54,000. DR. $53,000. CR. $18,000. CR. $ 8,100. CR. $ 8,100. DR. $ 8,100. CR. On motion of Councilman Gurnee seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None R 3353 Resolution No. 3353 n the foregoing Resolution was passed and adopted this 21st day of June , 1977. ATTEST: r C" Clerk-J.H. Fitzpatric Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes C, RESOLUTION NO. 3352 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING EXTENSION OF AN AGREEMENT WITH WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY, FOR SERVICES AS CITY ATTORNEY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That certain agreement dated June 24, 1976, a copy of which is on file in the Office of the City Clerk, between the City and Wendt, Mitchell, Sinsheimer, de la Motte & Lilley, as extended by Resolution No. 3206, for services as City Attorney, is hereby extended to and including June 30, 1978, and the Mayor is authorized to execute an amendment thereto. Section 2. The City Clerk shall furnish a copy of this Resolution together with an executed copy of the amendment to: Wendt, Mitchell, Sinshemer, de la Motte $ Lilley. On motion of Councilman Gurnee seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed ATTEST: Ck GlerK- J.H. Fitzpatrick Approved as to fo WENDT, MITCHELL, S T IMER, de la MOTTE $ LILL Y City Attorney t By Arlen this 21st day of June , 1977• E. Schwartz Approved as to content: City Administrative Oxic er AG:ktm 6/14/77 R 3352 AMENDMENT EXTENDING AGREEMENT FOR SERVICES AS CITY ATTORNEY The undersigned parties to the Agreement for Services as City Attorney dated June 24, 1976, as extended to and including June 30, 1977, by Resolution No. 3206, a copy of all of which is on file in the office of the City Clerk, is hereby further extended to and including June 30, 1978. All other terms of said Agreement (Paragraphs I - V) shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed. Dated: June 23, 1977 ATTEST: �y y Clerk J:H. Fitzpatrick WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LT�,L�LEY City Attorney 'I 0 By Allen Grimes CITY OF SAN LUIS OBISPO Approved as to content: City Administrative 0 er RESOLUTION NO. 3351 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH R. L. KAUTZ & CO. TO ACT AS THE SERVICE AGENT FOR WORKER'S COMPENSATION INSURANCE FOR THE CENTRAL COAST CITIES JOINT POWERS SELF - INSURANCE FUND.AND TERMINATING PRESENT WORKERS' COMPENSATION INSURANCE COVERAGE ON JUNE 30, 1977. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council hereby approves the Memorandum of Agreement between R. L. Kautz & Co. and�the Central Coast Cities Joint Powers Self- Insurance Fund which is attached hereto marked Exhibit "A" and thereby incorporated herein. The Mayor is authorized to execute the documents necessary for the City's participation in this Agreement. Section 2. City participation in this Agreement shall commence July 1, 19.77. Section 3. The City Clerk is directed to notify the present carrier of Workers' Compensation Insurance of the termination of their services on Jun6-i30, -191.7. On motion of Councilman Dunin _ ,seconded by Councilman. Jorgensen , and on the.following roll call vote: AYES: Councilmen Dunin, Jorgensen, Gurnee, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and ATTEST: y J. H. itzpatricc RDM:ktm 6/14/77 R 3351 Resolution No. 3351 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE 4 LILLEY City Attorney L- By Allen Grimes (1977 Series) Approved as to content:. City Administrative ficer finance Di Personnel Directo • o MEMORANDUM of AGREEMENT THIS AGREEMENT, entered into this 23rd day of June. r 1977, by and between CENTRAL COAST CITIES JOINT POWERS SELF - INSURANCE FUND, hereinafter called THE SELF- INSURER, and R..L. KAUTZ & CO., hereinafter called THE SERVICE AGENT, for certain services in connection with the duties and responsibilities of THE SELF - INSURER under the provisions of the Workers' Compensation Laws of the State of California as a result of injuries to its employees, WITNESSETH: 4IHEREAS, THE SELF- INSURER has undertaken to self - insure its liabil- ity to its employees pursuant to the Workers' Compensation Laws of the State of California, and whereas, THE SERVICE AGENT is engaged in the supervision and administration of programs for self - insured employers, NOW, THEREFORE,,for and inconsideration of the mutual obligations hereby assumed; and the performance of the acts hereinafter set forth, the parties hereto agree as follows: THE SERVICE AGENT agrees to supervise and administer the self- insurance program of TEE SELF - INSURER, to act as the representative of THE SELF - INSURER in matters related to THE SELF- INSURIR's obliga- tions under the Workers'. Compensation Laws of the State of Calif- ornia and agrees further to provide to THE SELF- INSURER during the term of this Agreement all the services more particularly set forth hereinafter: 1. Administer the self - insurance plan of THE SELF- INSURER in full compliance with all rules and regulations governing the administration of ,self - insurance pursuant to Section 3700, et seq., Labor Code and the California Administrative Procedure Act (Government Coder Title 8). 2. Provide a panel of physicians and specialists for the treatment of injured employees,.subject to THE SELF - INSURER'S approval; provide counsel and advice regarding THE SELF- INSURER's first „aid and in -plant medical facilities and coordinate these activities with those of the Claims Department of THE SERVICE AGENT; and to super- vise the furnishing of medical treatment. to injured employees which is required under the. Workers' Compensation Laws of the State of California. EXIBS a 3. Prepare and file in the.name of THE SELF- INSURER all forms-, reports and other documents required under the Workers' Compensation Laws of the State of California. 4. Compute and pay all disability benefits due injured employees and .audit and pay all medical benefits from funds provided-.by THE SELF - INSURER for these purposes. 5. Maintain all records and statistical data on losses arising from employee injuries in accordance with the requirements of the Department of Industrial Relations, State of California. 6. Provide monthly a machine tabulated report on all employee injury.claims showing amounts paid as medical or compensation expense, and. the net reserve on each case. 7. Provide accident prevention engineering and inspection services which will not only help THE SELF - INSURER meet its legal obligations under the Occupational Safety & health Act, . but assist in its cost - saving objectives as well. These services include, but are not limited to, the following activities: "OSHA-type" inspection surveys with written recommendations for correcting or improving potentially hazardous conditions. These physical surveys will be commensurate with the growth of the program, as well as the experience of THE SELF - INSURER. Safety training of key personnel in such areas as accident investigation and employee safe practice orientation. Also, any such technical training as may be required to comply with applicable safety codes /standards . will be introduced into the control program. - Periodic review of loss experience on a current -year basis with provisions for implementing new or additional control measures, based on actual results. - Preparation of specialized safety literature, including bulletins and training aids, for specific work, situations. -2- Such services shall involve twenty -eight (28) man -days per annum. THE REMUNERATION to be paid under this Agreement to THE SERVICE AGENT by THE SELF- INSURER shall be based upon a period commenc- ing July 1, 1977, and shall be calculated and paid to THE SERVICE AGENT at the rate of Twenty -Nine Thousand Dollars ($29,000.00) per annum for the first year of this Agreement, payable monthly in twelve (12) equal installments. Thereafter, the remuneration shall be at the rate of Five and Two- Tenths Percent (5.2 ;) of manual.premiu:m. THE SELF- INSURER agrees to prepare a statement of its earned payroll and premium promptly at the close of each month and.to remit the aforesaid remuneration to THE SERVICE AGENT with said statement. It is understood and agreed by the..parties that the initial members of the Central.Coast Cities Joint Powers Self- Insurance Fund shall be the Cities of Morro Bay, San Luis Obispo, Arroyo Grande, Grover City, Pismo Beach and EI Paso de Robles, and that, in the event any additional City or Cities should be added to said Central Coast Cities Joint Powers Self - Insurance Fund, the remuneration to be paid to THE SERVICE AGENT shall be adjusted accordingly. THE SELF - INSURER agrees to permit THE.SERVICE AGENT to audit at any reasonable time THE SELF- INSURER's payroll developed during the period of this Agreement: DEVELOPED ANNUAL PREMIUM shall be calculated by applying to THE SELF- INSURFR's total insurable California payroll, by classi- fication of occupations, the rates for workers'. Compensation insurance which are now or may hereafter be established by the Insurance Commissioner of the State of California. INSURABLE PAYROLL shall mean total wages,, salaries, commissions, bonuses,.and other remunerations paid by THE SELF - INSURER to its employees, but excluding "overtime remuneration" as.defined in the California Manual of .Rules, Classifications and Basic Rates for Compensation Insurance, who are covered by the workers' Com- pensation Insurance Division of the Labor Code of the State of California. Remuneration paid to each department head shall be included only to.the extent of, but not to exceed, Twenty Thousand Eight Hundred Dollars ($20,800.00) per annum. This Agreement shall take effect.at 1201 a.m., July 1, 1977, and shall continue in effect until June 30, 1978, after which date this Agreement shall continue in effect until cancelled by either party as hereinafter provided. This Agreement may be cancelled by either party giving to the other, in writing, notice of his intention to cancel this Agreement sixty (60) days prior to any anniversary of July 1. -3- Services herein contemplated shall cover the operations of THE SELF - INSURER in the State of California only. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers as of the day and year first above written. CENTRAL COAST CITIES JOINT POWERS SELF- INSURANCE FUND Attest: CITY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO By Kenneth E. Schwartz, Mayor' J.H. Fitzpatrick, City Clerk R. L. KAUTZ & CO. Attest: By •/ -4- RESOLUTION NO. 3350 (1977 Series) A RESOLUTION OF THE.COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 90. 6231 VICTORIA SQUARE, AND AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council previously made certain findings concerning Tract No. 623 as contained in Resolution No. 3230 (1977 Series). Section 2. This Council now hereby approves the final map of Tract No. 623, Victoria Square located at 1626 Broad Street, subject to conditions in the Subdivision Agreement attached hereto, marked Exhibit "A" and thereby incorporated herein, and authorizes the Mayor to execute said Subdivision Agreement on behalf of the City. On.motion of Councilman Gurnee , seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is.-passed and adopted this 21st day of June , 1977. ATTEST: AG:ktm 6/15/77 R 3350 C'1 Resolution No. 3350 Final Map: Tract No. 623 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes (1977 Series) Approved as to content: City Admihistrative ficer City ineer AGREEMENT THIS AGREEMENT, dated this 23rd day of June , 191,l, by and between Vincent.S. Fonte herein referred to as "Subdivider ", and the CITY OF SAI1 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 shorn on final " %lap of Tract No. 623 , Victoria Square , City of San Luis Obispo, California ", as approved by the City Council, on the 21st day of June 1977, WHEREF.S, the 'Subdivider desires that said Subdivision I:1ap of Said Tract No. 623 , be accepted and approved as a final.rmap pursuant to the Subdivision Regulations and Ordinances of the City of San Luis.0bispo, and WHEREAS, 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. FOW TH,^DEFORE, 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 Obiape, to wit: 1. CURBS, GUTTERS and SIDEI•]ALP.S 2. STREET EASE and SURFACING 3. W.A. TER MAINS a_nd STEITER IIAIFS, including sewer laterals to the property line and water services to the curb stop. 4. DRAIIIAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECT'.IC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion 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. AMY f� ALL OTHER IISPROVE:4ENTS shoxm on plans or required by City regulation, All the above facilities shall be installed in.the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by,the Subdivider in accordance with said approved plans and specifications. 01-NIL I I � ; The Subdivider agrees that the work of installing the ab,)va improvements shall begin within — _thirty_ ( 30 } days from the date of r.�cording of the final map, and that the work shall be completed withii. ei hteen :18 rap. -ths of said recording date, unless an extension has beer. aranted 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 CcMmission and /or the City Council: . 1. The 'Subdivider shall pay to the City the sum. of $1,800.00 for in lieu park fees. (12 lots x $150 = $1,800). No credit to be allowed toward construction tax. 2. Grading permit fees in the amount of $160.00 shall be deposited with City and treated as normal subdivision inspection fees: 3. The Subdivider shall pay to the City the sum of $2,836.00 for water acreage and frontage fees. (Acreage = .706 x $1000 = $706) (Frontage = 213 x $10 = $2,130) 4. The Subdivider shall deposit with City, a cash bond in the amount of $450.00 for the purpose of assuring the final monumentation of the subdivision. Said . deposit will be released to the Subdivider upon receipt by the City of a letter from the surveyor indicating he has completed the work and has been paid. Surveyor shall provide the.City with a certificate indicating all buildings are properly located as indicated on the final map. 5.. Subdivider 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 costs 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 Subdivider shall be obligated for the balance prior to acceptance of the tract by the City. 6. Sidewalks on street frontage shall be repaired to the satisfaction of the Public Services Department. 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, laches hereto, and as an inte;i 1part hereof, and is security for the performance of this agreement, (instrnm -nt of credit /b O_ ?d) approved by and in favor of the City of San Luis Obi.zpo, a-nd the faithful performance of this agreement, which said l.strvaj xt of credit /bond) is in the amount of $ 45,000.00 , and which is in the amount of the estimated cost of said improvements.' Subdivider ag.rees to remedy any defects in the improvements arising from faulty wcrkmanship or materials or defective construction of said improvements occurring within twelve, (12) mot.ths after acceptance thereof: In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final compl ^_tiori and acceptance of the work, City will release all but.10% of the improvement security, t'_iat amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in.the improve- ments arising within a period of one.year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on'the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and cpecificaeions, an,_ any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City 1. to accept said improvements or waive any defects in the same or any breach of this' agreement. ' i If the Subdivider fails.to complete the work within . the prescribed time, then in that event, the Subdivider agrees that City may, at its option., declare the bond,. instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forfeited and utilize the proceeds to.complete said improvements, or City may complete said improvements and recover the-full cost and expense thereof from the Subdivider or his surety. The.Subdivider agrees to.deposit with the City a labor and material bond t". the amount of 507. of the above described subdivision improvements in accordance with State law. (includes $160 Said Subdivider shall deposit with the City the sum of S 1.600.00 grading fees), from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In.. the event-the inspection fees exceed the sum of $ 1,600.00 , the di ference is.to be paid by the City of San Luis Obispo. The City reserves the rule discretion in determining -3- :)MBI 9 X151', 9b the amounts to be paid for salary and expsn -sz.s cf said '.: src .zor or. inspectors. Article 9 C'x. : :; :ter 1 of the :n T.nis (hisr t�Subdivision" ...1 pir___s ..:rl �•,�c ?`: if is : : ; :� t, '_�: • a:'• .. :; En �r.�e?: P=t . of said Subc ivisic-i Nap, and all c a..: `:.:cn: e.t? s failed with the City by the Subdivider and ,-approved by the City Engineer --re hereby referr d to for further i,'ticuLors ir. tc -p =ling s-ad defining L-hc.cbligations of the Subdivider under: 48 . undc. -tccd r_i)1 agreed by and betueen the Parties hereto that this E'rI( CTe:a Sl` ?�i, t'•ii_;i t ?le hC IYS, executors, adm.-- uistratorS, successors and assigas of the:respecti. %�i P r_i-a. to this agreencat. It is I.h:t the Subdivider will furnish copies of the successful b= dde.r's contract unit pi :ices -ar_d total bid prices for all of the improvements herein refrrr& to. IN WITNESS s:7iT '?0 ^, this agreement has been executed by: day of.. 19 Approved as to form' City Attorney 23rd day of June ., 1922_ SuL3•iv�.der.�� Mayor Kenneth E. Schwartz 11 (� _ _ Attest: City Engineer Wayne Peterson City Clerk J.H. Fitzpatrick RESOLUTION NO. 3349 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT NO. 545, SERRANO SIRCLE, AND AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council previously made certain findings concerning Tract No. 545 as contained in Ordinance No. 669 (1976 Series). Section 2. This Council now hereby approves the final map of Tract No. 545, Serrano Sircle,.subject to conditions in the Subdivision Agreement attached hereto, marked Exhibit "A" and thereby incorporated herein, and authorizes the Mayor to execute said Subdivision Agreement on behalf of the City. On motion of Councilman Jorgensen , seconded by Councilman Gurnee_ , and on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and ATTEST: CWfK J.H. Fitzpatrick this 21st day of June , 1977. . acnwarr-z AG:ktm 6/15/77 R 3349 • Resolution No. Final Map: Tract No. 545 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la.MOTTE $ LILLEY City Attorney en crimes (1977 Series) Approved as to content: City AdministrativNQfficer Associate dministrator �� 9� City ngineer � n AGREEMENT THIS AGREDUZZ07, dated this 23rd day of ,Tune , 19LL, by and between King Resnurcec_ a i.imirad Par n rchi p , herein referred to as "Shbdivi•ior ", and the CITY OF SA14 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, Counry of San Luis Obispo, State of California, description of which is shorn on final `iap of.Tract No.��, SERRANO SIRCLE _ City of San Luis Obispo, California ", as approved by the City Council, on the 1sr day of .runs 1912. WHEREAS, the Subdivider desires that said Subdivision T1ap of Said Tract No. 545 , be accepted and approved as a final nap pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and / WHEREAS, it is a condition of said regulations and ordinances that the Sub- divider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. 7101.1 THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obi-pa, to wit: I. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. UP= MAINS and SL• ?-7ER 11Ali-IS, includic„ sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMEi'TAL METAL ELECTROLIERS 6. EL?:CTaIC, GAS, TZELZPRONE and CABLE TELEVISION: In addition tothe inspec- tion 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. Ai•TY & ALL OTHER I1TPROVFitZVTS shotm on plane or required by City regulatio -. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. W " -,% � 66 1) EX, u r'N 10'� The Subdivider agrees that the work of install_':;., the .:L. e:e : :prm ✓eE.wrts shall begin within thirty (30 ) days from tb^_ rint•: of r:cordin;: of the final map, and that the work shall be completed within _eithtecn ._ _ '' -18 ✓o; ;i:-.s of said recording date, unless an extension has been fraated 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 relcase 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 Califor.in. The Subdivider does also agree to comply with the following conditions establi- shed by the Planning Cammission and /or the City Council: 1. The Subdivider shall pay the City the sum of $3,150.00 for in lieu park fees. (21 x $150 = $3,150) D 2. Grading permit fees in the amount of $150.00 shall be deposited with and pbl treated as normal subdivision inspection fees. p�gt� fi. The Subdivider shall deposit with the City a cash bond in the amount of $325 for the purpose of assuring the final monumentation of the subdivision. 4. The Subdivider 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 costs will be transferred from the inspection deposit account when it is finally determined. If, upon completion of the subdivision, there is insufficient funds in the inspection account, the subdivider shall be obligated for the balance prior to acceptance of the improvements by the City. jl 5. The Subdivider shall pay the City the sum of $6,975.00 for water acreage and fP5 1 frontage fees. (Acreage = 3.645 acres x $1,000 = $3,645.00) and (Frontage = Il`�1 1 384.48 x $10.00 = $3,844.80) less $514.80 deposited with City 8- 27 -73. 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- r � prt^a9T "A" fi f The Subdivider hereby attaches hereto, and as an inte;ral part hereof, and as security for the performance of this agreement, ('_;tsurliment of credit /bo;d) approved by and in favor of the City of San Luis Obi.c;o, and coneition -1 ti.-,nn ti.o faithful performance of this agreement, which said (:^_trum• ^.nt of.credit /bond) is in the amount of $ 85.000.00 , 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 107 of th_ improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this! agreement. If the Subdivider fails to complete the work within the prescribed time, then f in that event, the Subdivider agrees that City may, at its option, declare the bond,. .instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. , The Subdivider agrees to deposit with the City a labor and material bond en the amount of 50% of the above described subdivision improvements in accordance ' with State law. �Iye`11 Said Subdivider shall deposit with the City the sum of $ 2,700.00 (includ;ag $150 L grading fees) from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event.the inspection fees exceed the sum of $ 2.700.00 , the difference is to be paid by the City of San Luis Obispo. The City reserves the sule discretion in determining -3- EXHIBIT 66 }f C the amounts to be l:sid for salary and e::p ^_Hats ci said irlLpc:cor c* inspectrr_-a. Article 9, C':.:pter I of the San Luir Ohisno .le _ 'c, :a.it. ?._d "Subdivisicr." f.il p i_ a zd :.cifica.._c,. . . .. .. 'Y'. . _cy Enj'in_er 13 a p=t of said Subcivisica Bwp, and all oct:o :fled with the City by the Subdivider and appraved by the City Ergi.nuer are heresy refarr'�d to for furth:r p.articul -L s it ir.tarprcting and defining t obligations of the Subdivider unda_ Luis agrearsnt. ..t is urdarrrcoa and agreed by and between the Parties hereto that this agreement sh :tll tt-3 the heirs, executors, administrators, successors and assigns cf the respacri,ra F,- .r..i2a to this agreement. I: is a3re,d that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WMMSS F;a;:Y.r•.OF, this agreement has been executed by: 2 day of- j 19 Approved as to fora City Attorney 23rd day of June , 1977 Ci jngineer Wayne Peterson v Attest: ity Cler:c J.H. Fitzpatrick —4— EXHIBIT "N" a PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. That we, King De e 4pinent (hereinafter called "Principal "), as Principal, and Fireman' S Fund Insurance Company a Corporation organized and existing under the laws of the State of California. , and authorized to transact business in the State ofCalifornia (hereinafter called "Surety "), - as Surety, are held and firmly bound unto City of San Luis Obispo, State of California (hereinafter called "Obligee "), in the penal sum of Eighty -five Thousand and 00 /100---------- - - - - -- Dollars ($85,000) good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 21stday of June 19 77 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 21st day of June 1917, covering On -site and which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THE ABOVE. OBLIGATION IS SUCH: That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect. PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right of action shall accrue upon or by reason hereof to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and STATE OF— California _ ) COUNTY OF -_San Luis Obisp_ —} ss. - - -- On this___.- 215_t__day ofZ11I1�— —, in the year 19_771 before me, ______Barbara J. Hansen ---------------------------------------------- a NOTARY PUBLIC is and for said County and State, personally appeared Gregory R. Morris known to me to be the person whose name is subscribed to the within instrument as the Attomey -in -fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal, and his own name as Attorney -in -fact. r OFFICIAL SEAL IN WITNESS WHEREOF, I have hereunto'set my hand and.affixed my official seal, at my BARBARA J. HANSEN office, in .said County and State, the day and year in this certificate first above written. NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN fr ,.ew SAN LUIS OBISPO COUNTY - -_ __ —___ My �0(IITIIS;'.Cn Expires June 23, 1978 Notary Public in and tar said County and State June 23, 1978 MY commission expires--___-- ___- ------- -- - - - - --- 19MQ7 - 5 -fib BOND No. 6299053 rFIREMAN'S FIREMAN'S FUND INSURANCE COMPANY ^�� FUND THE AMERICAN INSURANCE COMPANY SURETY CORPORATION - ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE C O M P A N I E.5 NOME OFFICE: SAN FRANCISCO, CALIFORNIA PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS. That we, King De e 4pinent (hereinafter called "Principal "), as Principal, and Fireman' S Fund Insurance Company a Corporation organized and existing under the laws of the State of California. , and authorized to transact business in the State ofCalifornia (hereinafter called "Surety "), - as Surety, are held and firmly bound unto City of San Luis Obispo, State of California (hereinafter called "Obligee "), in the penal sum of Eighty -five Thousand and 00 /100---------- - - - - -- Dollars ($85,000) good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 21stday of June 19 77 WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee, dated the 21st day of June 1917, covering On -site and which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein, NOW, THEREFORE, THE CONDITION OF THE ABOVE. OBLIGATION IS SUCH: That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation to be void; otherwise, to be and remain in full force and effect. PROVIDED, however, that this bond is executed by the Surety upon the express condition that no right of action shall accrue upon or by reason hereof to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the Surety is and STATE OF— California _ ) COUNTY OF -_San Luis Obisp_ —} ss. - - -- On this___.- 215_t__day ofZ11I1�— —, in the year 19_771 before me, ______Barbara J. Hansen ---------------------------------------------- a NOTARY PUBLIC is and for said County and State, personally appeared Gregory R. Morris known to me to be the person whose name is subscribed to the within instrument as the Attomey -in -fact of the FIREMAN'S FUND INSURANCE COMPANY, and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal, and his own name as Attorney -in -fact. r OFFICIAL SEAL IN WITNESS WHEREOF, I have hereunto'set my hand and.affixed my official seal, at my BARBARA J. HANSEN office, in .said County and State, the day and year in this certificate first above written. NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN fr ,.ew SAN LUIS OBISPO COUNTY - -_ __ —___ My �0(IITIIS;'.Cn Expires June 23, 1978 Notary Public in and tar said County and State June 23, 1978 MY commission expires--___-- ___- ------- -- - - - - --- 19MQ7 - 5 -fib GENERAL POWER OF ATTORNEY FIREMM NIS FUND INSURANCE COM -PANY KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S I'UND INSURANCE CnN1PANY, o Corporation duly orgunized and existing nml,•r the Inwr. ul lilt. :;title of C-dilornin, mirl hrtvuxl it;, principal u!ha• n, tit,-, City and County of San Francisco, in sand State, has w,td,•, run::ulnl,•d and oppouiti ci. and doe:: by tho:o• prosents utnkr, ron : :ntuh• rind appoint - - - -- GREGORY R. MORRIS - - - -- its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof -------------------------------------------------------- - - - - -- and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in- Fact may do in the premises. This power of attorney is granted pursua-it to Article VIII, Section 30 and 31 of By -laws of FIREMAN'S FUND INSURANCE COMPANY now in (till fort,: and effect. "Article VIII. Am ... irrt nuv,t end ,l ufhnrif rr q/ Rcsidrnf : .,.ista.t Srerrfnrrrs, and a[tnrnrp- in -Faet and :Lecuts to accept Leaal Process and Atake .1 Pyre rn nrr•s. Se•:tion 30. .rpp,.intment. The Chairman of the Board of Directors, the President, any Vice - President or any other person authorized by the Board of Directors, the Chairman of the Board of Directors, the President or any Vire- President, may, from time to time, appoint Rosident Assistant Seeretanes. and A ttorneys.in -Fact to represent and act for and on behalf of the Corporation and Aaents to accept legal process and make appearances for and on behalf of ttie Corporation. .•, 'tout 31. .fur /wrir.r. The Authority of such Resident Assistant Secretaries, Attorn,rys.m Fact, and Agents r.hall be as presrribod in the instrument , vid• m-niq ttnur Arrcinimenl. and nny such appointment and all authority aronted thereby may be revoked at any time by the Board of Directors ar by .iny perscn ,�dipowen•d to mak,r such appointment." 'flue: I.)wrr Uf Attorney is shined and sealed under and by the authority of the following Resolution adopted by the .Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July. 1966, and that snid Resr,lulion h,is nvl hv-, r, rnnended or repelled: "RESOLVED, that the signature of any Vice- President. Assistant Secretary, and Resident Assistant Secretary of this Co :peration. and Iha seal of this: Corporation may be affixed or printed on any power of attorney. on any revocation of any power of attorney, or on any certificate rotating thereto, by facsimile, and any power of attorney, any revocaliun of any power of attorney, or certificate bearing :ach facsimile :signature or lacsimite seal shall be valid and binding upon the Corporation." IN WITNI:SS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice- President, ,md us a,rpurritc seal to be hereunto afltxed this 16th _ day of_ `� o j�Q- STATE OF CALIFORNIA. ss. CITY AND COUNTY OF SAN FRANCISCO — - May - - - -- -- - 19 77 _. FIREMAN'S FUND INSURANCE COMPANY - Vice - President On [his 16th day of_ ..__ —_.._ —May -. -- - - -. 19 -71._, before me personally came — W{ l liaM-W _1AUbieX -- to itw known, who, being by rein duly - sworn, did depose and say '. that he is Vice - President of FIREMAN'S FUND INSURANCE COM- PANY, th,. Corporation drscribod in and which executed the above instrument; that tie knows the seal of said Corporation; that the .. ,tl ash z,•1 I,, the saici utstrutm:nl is such corporate seal; that it was so allixed by order of the Board of Directors of said Corporation ,tort Ili.,, lo• ::tynad his nuns.: thereto by like order. IN WITNFSS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. Wunnununuun>tlsr :rr•;r :n ' veua.cu= urae. :nin -7 � SUSIE K. GlaERT 0 p - - - - - -- g NOTARY PUBLIC - CAUFORNIA Notary Public It3A CITY a COUNTY of SAM FRANCfuo MY Commission Expftas Nos. 17, 198D a�a CERTIFICATE ®wNwlewnN ATE O CALIF(�t nnmuun® STATE OF CALIFOA�YA, CITY AND COUNTY OF SAN FRANCISCO 1. Ili.. :nln,•,I, A::sc:tatu Secretary of FIREMAN'S FUND INSURANCE COMPANY, a CALIFORNIA Corporation. DO HEREBY un,ior. (:rIn'IFY t!n:i tin: fun :gouut ,irA attach,:d POWER OF ATTORNEY rernains in full force and has not been revoked; and furthermore 11, it Arlwl,• VIII, Soctiunn :30 and 31 0l the Bylaws of the Corporation, and the Resolution of the Board of Directors, set forth in the P vv, -r .d Ai!. rney, aro now in force. Signed and sealed at the City and County of San Francisco. Dated the day of 19 :/ '- ••- n ` Assistant Secretary 360546 (HO) -- FF — 11 -76 SAN LUIS TELEP 805) 544-4444 • �' awn w RAILROAD SQUARE C' G SAN LUIS OBISPO, CA. 93401 aowm i PAY /ii�i�� i�••v�.� cs�.i /uiv��u TO THE C/7 o� �!9 -rCJ ,c-uis G7Z�is�c� ORDER OF •1:1222EE132701: 04 ell 002b511S[in NATIONAL BAN K ILL ewo. 90-3270 CALironn•w aLel - 1222 oQ V 1 CFIECK NO. AozroOOLLAPS CEN' RESOLUTION NO. 3348 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT NO. 465, AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT, AND ACCEPTING A GRANT DEED FROM VAL VISTA ESTATES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. Section 1. This Council previously made certain findings concerning Tract No. 465 as contained in Resolution No. 3148 (1976 Series). Section 2. This Council now hereby approves the final map of Tract No. 465, Val Vista Estates, located at 1000 Los Osos Valley Road, subject to conditions in the Subdivision Agreement attached hereto, marked Exhibit "A" and thereby incorporated herein, and authorizes'the Mayor to execute said Subdivision Agreement on--behalf of the City. Section 3. This Council hereby accepts the Grant Deed conveying a portion of Laguna Lake to the City. On motion of Councilman Jorgensen , seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: Councilman Gurnee ABSENT: None the foregoing Resolution -is--passed and adopted this 21st day of June , 1977. ATTEST: AG:ktm 6/15/77 R 3348 C" o Resolution No. Final Map: Tract No. 465 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes (1977 Series) Approved as to content: City Administrativ Officer Associate Administrator �L' P'Z�" !q� , Ci Engineer �) XMiNT 1ANY Ac!tl:!:ral:rrr T11IS AGREEMENT, dated this 9th day of June 19 77 , by and between VAL VISTA ESTATES, INC. herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the Y 11Ci ty11 IV I T N E S S E T li: REFERENCE IS HERL•BY 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. 465 Val Vista Estates City of San Luis Obispo, California ", as approved by the City Council, on tile 21st day of June 19 77 NHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 465 , be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and kHEREAS, 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. NOW THEREFORE., in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS. and SIDElgALKS 2. STREET BASE and SURFACING .3. WATER MAINS and SERIER MAINS,. including sewer laterals to the property line and water services to.the curb stop. 4. DRAINAGE STRUCTURES S ORNAT.•IENTAL METAL ELT :CTROLIERS 6. FLE•CTRiC,'GAS, TELEI)HONE and CABLE TELEVISION: In addition to the inspec- ti'on and approva] of such facilities by the City, each 11uhl.ic utility shall be required to Pi lc a letter stating that 'the dcvcloper has prop - erly installed all facilities to he provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY F ALI, OTTER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The.iincs and grades for all of said improvericnts shall be cstahished by the C,Ih111Yirlrr in nrrn rrl.•1'r'n t:l ill talrl aprl j'(1Vr,i 111 ;Inc an -1 c1rr l.f l.ratTn;•,c Tiic L t 1) d i V i der.agrees. that the work o f Nsra I I i ng thibove i mproVepencs shall begin within thirty C30 days from the date OF r0o• ding of the Final map, and that the work shall be completed within of sadd recordjng*date-, unless an extension has been granted by the Uty.Councilv provided that if completion of said Work is delayed Q acts of God or strikes, the Subdivider shall Eavo,an additional period of time equivalent. Jo such pcHod of Way in which to complete Such work: Any extension Kvimc horcund or shal I nlot operate tdrolcaie the surety on the Improvcment Security filed pursuant to this agreement. In this connection, the surety wnivcs the ,provisions of Scctfon 2819.0 the Civil Code of the Statc of ,California. The Subdivider does aISO agree to comity with the following conditions ostabli- shcd by the Planning Commission and/or the City Council. 1. The City Council. at its meeting of June 7, 1977 waved the in lieu park fees for all lots except lots 78, 79, 80, 81, and 82. The foes for lots 78, 79 and 82 will be determined at the time of future development. 2. Crading permit fees in the amount of $410.00 shall be deposited with and .treated as normal subdivision inspection fees. �ccs. 3. Toe developer shall pay tovhp city Lhe sum of $19,716.90 for water a•reagn and frontage fees. (Acreage "= 16.432 X $1,000.00) + (Frontage = 328.49 X $10.00) = $19.716.00. This doesn1t include lots 78, 79, 30, 81, and 82. Lots 78 and 79 arc subject to further subdivision, and fees are to be Paid at Clint time. Lots 80 and 81 are to be dedicated to the city and are exempt from fees. Lot 82 will be added to in future subdivision. 4. The developer shall pay the city the sum of $2,69:5 ($35.00 per lot for 77 lots) ,For sewer costs advanced to serve Properties in the Los Osos Valley. 5. The developer shall deposit w0h the city, cash bond in Lhe amount of $1,500.00 for the purpose of nnsuring.Lhe final monumentAKon OF the subdivinJOR. 6. Ali ci c,il or lalk,- and casements for drsinqqv to he recorded prior to recording of tract map. 7. A solid wall shall he constructed SicnP. 1, acceXanca 017 PqhKc improvemonw. The toc.tural Review Commission. 6. An. as built grading Plan shall. ',)E,' SUI)rTli tracL and calculations showing that the due to the work done in this project, los Nos Valley Road prior Co wall shall be approved by the Arch!- cte�l prior to. final acceptance or the lake Storage capacity was not decreased 9._ The Doweloper shall allow the city to he reimhursedl For plan checking costs. The actual cost K plan checking canhoi he datarminno sn,is Lima. The plan checking costs will ho transferred from the innpectlw deposit account when it is Tinallv detormine& If upon bomPletion of the suhVivisiOn there is insur- ficicnL 1"nds in the 0SYCKOn account thO KV010per Shall he oblignQ6 for the balanca prior to acceptance O the improvements by the ciny, As to puhlic lands or section property included within said subdivision, if any, for the restoration of' lost section corners and for OT Section lines, the method f'ollowcd shall be in accord Ath ;he instructions sat forth in "the "Manual of Instructions" For Survey or Puhlic Lands of the United States, Pnhlyshod by the Commission& on Kencral Land Office, Dep3riment or Interior; WashingLon, LI.C. E M 1p, 17, "A" V the SLIac',:vi.dcr it ^r�atl..tches here`o, i?nd a ,111 :if, �rnl llal t her, of, aril tts. security for tile performmnce of thi.s.nf;rccment_, (,iilstrur,_IC ui' r(di.t /hulld) npproved IU, and ill favor Of' the C. t.y. Of Sall l:.11lg Obi 5110 MICl C011d 1. t -.I 0!M1 Lii?r)Il tile falihf!11 performance of this agreement, which said (1.nstrumcnt Of ci -cclit /bond) is in the amount of S 335,000.00 and .gllich 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.improvcments occurring within twelve (12) months after acceptance thereof. rIn 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 the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as, of which the City.Council shall, by resolution duly passed and adopted, accept said improve- meets according to said plans and specifications, and any approved modifications thereto.. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any.breach of this, agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the.bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from.the Subdivider or his surety. The Subdivider agrees to deposit with the City a lahor and material bond in the amount of 500 of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the slim of $_10,460.00 ($410.00 gradJr. fer from which deposit the City will pay the salary and expenses of an inspector or inspectors.to inspect ilistallation of snid subdivision improvements and certify that they have been completed in accordance. with the plans and specifications. Any unexpended monies will be returned to the Subdi.vi:dcr. 1n the event the inspcetion fees exceed the sum of $, 10,460.00 the difference is to be pa i:1 by the City of San Luis Obispo. The City reserves the sole discretion in determining; J 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 part of said Subdivision Map, and all other documents filed with the City by the. Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copics.of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: 10th day of June ..19 77 Approved as to form WENDT, MITCHELL, SINSHEIMER, de la MOTTE F; LILL:' City Attorney By Allen Grimes 23rd day of June y Engineer Wayne Peterson Jack L. Sampson VAL VISTA .ESTATES, INC. ./ Etbt i.vi er) H. L. Caldwell President 1977 Mayor Kenneth E. Schwartz - 4 - Attest: City Clerk J.H. Fitzpatricl: �..:� 1"�i� 66 9s )�1L TJ 1 \ k RESOLUTION NO. 3347 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY..OF SAN LUIS OBISPO ACKNOWLEDGING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE -CITY EMPLOYEES' ASSOCIATION FOR 1977 -78. WHEREAS, representatives of City administration and.of the City Employees' Association have participated in negotiations for salaries and benefits for the miscellaneous employees of the City; and WHEREAS, a Memorandum of Understanding has been executed by the City Administrative Officer and the President of the City Employees' Association; NOW, THEREFORE, BE IT RESOLVED by the.Council of the City of San Luis Obispo as follows: Section 1. That certain document entitled "Memorandum of Understanding" for 1977 -78 between the City and the City Employees' Association, a copy of which is attached hereto marked Exhibit "A" and thereby incorporated herein; is approved in concept. Section 2. The Personnel Department, Finance Department and other appropriate departments of the City are directed to prepare the necessary documents required to implement the provisions of the Memorandum of Under= standing. On motion of Councilman Jorgensen , seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Jorgensen, Gurnee, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and FIT46w *36 JOA�G:ktm 6/20/71 ted this 20th day J -, 1977.. R. 330 0 Resolution No. 3347 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes AG:ktm 6/20/77 (1977 Series) Approved as to content: City Administrat veNQ€ficer MEMORANDUM OF UNDERSTANDING ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Resolution No. 2141 of the City of San Luis Obispo, which Resolution is hereby incorporated by reference as if fully set forth herein, and has been executed by the Administrative Officer on bahalf of Management officials of the City and by the San Luis Obispo City Employees' Association ( SLOCEA), on behalf of employees occupying the line item full =time employment position classifications set forth in Appendix A. B. City Council Approval It is the mutual understanding of all the parties hereto that this MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo. C. Full Understanding, Modification and Waiver The parties agree that each party has had full and unrestricted right and opportunity to make, advance and discuss all matters within the scope'of representation as outlined in Section 6 of Resolution No. 2141. This ,MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement.. D. Purpose The parties agree that the purpose of this.MOU is to promote and provide harmonious relations, cooperatibri'and understanding between .the City and the employees covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters within the scope'of representation for employees represented by SLOCEA. E. Recognition The San Luis Obispo City Employee's Association is hereby acknowledged as the majority representative for the regular and probationary employees occupying the, position classifications set forth in Appendix A pursuant to Section 9A of Resolution No. 2141. F. Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU; but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to, in good faith, negotiate for the purpose of replacing any such invalid or illegal provision. SLOCEA 7/77 • � 2 ARTICLE II - DIRECT,PAY FOR SERVICE A. Rules Governing Step Increases The rules governing step increases for employees covered by this agreement are included in the current Salary Resolution with the following modification. Each department head shall be authorized periodically to re= evaluate employees at step 5. An employee who is not performing up to established job standards for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 day period. If the employee's job performance does not improve to the desired.level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the department head deems.it necessary to again remove the fifth step during the same fiscal year,.he may make the change at any time with three business days written notice. B. Wage Scales Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95$ of the next-highest step, computed to the nearest two dollars. Step 4 =" 95% of Step 5 Step 3 .= 95% of Step 4 Step 2 95% of Step 3 Step 1 = 95% of Step 2 Effective July 1,,,1977, the_wage scales for those classifications covered by this agreement shall represent.a 5.5% increase of step 5 of the salary range recommendations of the U.S. Civil Service Commission with the remaining'steps' computed by the above formula. C. Next Year's-Meet and Confer Sessions It is agreed that both parties to -this MOU shall agree by March 1; 1978 on a list of public agencies whose salary and benefit data shall be used as a guide in deliberations in next year's Meet and Confer Sessions. Both parties shall also endeavor to agree on a list of benchmark classifications to be included in such a survey. D. Overtime 1. All employees covered by this agreement are eligible for overtime pay at time- and- one -half computed at their base rate for all hours worked in excess of forty (40) hours per week.including holidays, vacation and sick leave except for the following classes, except as otherwise provided in this article: Accountant Building & Parks Maintenance Superintendent Building Inspector Chief Building Officer SLOCEA 7/77 Parks Maintenance Supervisor Engineering Associate Engineering Technician (Public Services) Plan Check Engineer Planning Assistant Planninq Associate Recreation Supervisor Street Superintendent Supervisory Heavy Equipment Mechanic Utilities Engineer /Superintendent Utilities Maintenance Supervisor Utility Plant Supervisor Water Supply Operator II Each department head may grant employees in these classifications occasional compensating time off (CTO) not exceeding one day at a time in excess of their regular schedule. There shall be no formal accounting of or cash payoff at termination for such CTO. 2. All overtime shall be authorized in writing by the department head prior to being compensated. 3. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. E. Emergency Call Back Off -duty employees called to respond to an emergency shall receive either four hours payment at straight time or the actual time worked at time - and- one -half, whichever is greater. F. Standby Employees on standby shall receive five (5) hours pay a week at time - and- one -half. Each standby employee shall receive an additional four (4) hours pay at straight time or one half -day compensating time off for each holiday listed in Article III D employee is on standby. If the standby employee is called out, time worked shall be paid at time -and- one -half calculated to the nearest quarter hour. G. Non - Emergency Pre - Planned Call Back Employees in the Utilities Division working non - emergency pre - planned call back involving work in excess of forty (40) hours a week including holidays, vacation and sick leave between 6:00 PM and 7:00 AM, shall be paid a minimum of four (4) hours at time -and -one -half. H. Longevity Each employee shall be paid an additional one percent (1 %) of his base salary step following ten years of continuous full -time service with the City. An additional one percent (1%) of base salary will be added_ for each subsequent five year period, calculated to the nearest two dollars ($2.00) SLOCEA 7/77 3 • * 4 ARTICLE III - FRINGE BENEFITS A. Health Insurance The City agrees to contribute $75.61 per month for all employees covered by this MOU to be spent, first, on employee coverage under. the Pacific Mutual medical.insurance group plan and, second, on dependent coverage or on City - approved health or disability plans. The City shall contribute $76.21 per month for Police Department personnel to cover added life insurance benefits_ B. Retirement The City agrees to provide the Public Employee's Retirement.System's 2% at age 60 plan.to all eligible employees. C. Vacation Leave Each employee covered by this MOU shall accrue vacation leave with pay on the following basis: 1. Upon completion of one year of continuous service, 12 days. 2. Thereafter, up to and including five years of continuous service, 12 days per year. 3. Upon completion of five years of service,•and thereafter, up to and including 10 years of service, 15 days per year. 4. Upon completion of 10 years of service and thereafter, up to and including 20 years of service, 18 days per year. 5. Upon completion of 20 years•of service, and thereafter, 20 days per year. 6. Vacation leave shall be accrued as earned each payroll period up to a maximum of 25 days. Effective July 1, 1978, there will be no .accrual of vacation leave for employees with 25 accrued days. 7. The department head or his authorized representative shall schedule vacations so as to minimize their impact on department efficiency and productivity. D. Holidays The following days of each year are designated as paid holidays: January 1 (New Year's Day),.February 12 (Lincoln's Birthday), third Monday in.February (Washington's Birthday), last- Monday in May (Memorial Day), July 4 (Independence Day), first Monday in September (Labor Day), September 9 (Admissions Day), fourth Monday in October (Veteran's Day), fourth Thursday in November (Thanksgiving Day), Friday after Thanksgiving, December 25 (Christmas), State and Federal Election days. When a holiday falls on a Saturday,, the preceding Friday shall be observed'.. When a holiday falls on Sunday, the following Monday shall be observed. Employees working on a holiday shall be paid on a straight time basis if the total holiday hours and hours worked that week do not exceed 40 hours. SLOCEA 7/77 E. Sick Leave 1. Definitions - Sick leave shall be defined as follows: a) Absence from duty because'of illness or off -the -job injury, or exposure to contagious diseases. b) Absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child; brother, sister, parent, parent -in -law, step- parent, step - brother, step- sister, or any other relative living in the same household, provided such leave as defined in this Article shall not exceed five (5) working days for each incident. 2. Each employee shall accrue sick leave with pay at the rate of 12 days per year of continuous service. 3. Sick leave may be'used after the completion of the month of service in which it was earned. 4. Written proof of illness from an-authorized medical authority for sick leave use in excess of five consecutive days shall be submitted to the department head. Such proof may be required for periods of less than five days where there exists an indication of abuse. 5. Accumulation of sick leave shall be unlimited. 6. Upon termination of employment by death or retirement, a percentage of the dollar value of the employees' accumulated sick leave will be paid to the employee, ok�the'designated beneficiary or beneficiaries according to the following schedule: a) Death-.- 25% b) Retirement and actual commencement of.PERS benefits 1) After ten years of continuous employment - 10% 2) After 20 years of continuous employment - 15% F. Uniform Allowance 1. The Secretary and C1erk.Typists in the Police Department shall receive an annual uniform allowance of $228 paid quarterly. This figure equals 15% of the monthly fifth step.for Police Officer, rounded off to the nearest $2.00, plus $30. 2. The Secretary III in the Fire'Department shall receive an annual uniform allowance which equals 10% of the monthly fifth step for Firefighters. The Secretary II in that department shall receive an allowance which equals 2% of the monthly fifth step for Firefighters. Both rates shall be rounded off to the nearest .$2.00 and paid semi- annually. SLOCEA 7/77 61 V 3. All other employees required to wear City uniforms shall be provided three clean uniforms a week except for the three mechanics who shall receive five changes a week. A uniform includes either one shirt and pants combination or one pair of coveralls. The Personnel Director shall authorize any modification in the current number and type of uniforms provided. 4. The.Maintenance Leader supervising the black top crew shall be provided with.a pair of work shoes which meet with the approval of the Department Head. 5. Uniforms and work shoes shall only be used on City business. G. Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Social Services Assistant (Administration); Property and Procurement Officer (Finance); Planning Assistant, Planning Division, Plan Check Engineer, Building Regulation Division and Engineering Assistant, Engineering Division (Community Development); Senior Recreation Leader (Parks & Recreation); Engineering Assistant (Public Services); Building & Parks Maintenance Superintendent (Parks Division); Utilities Engineer /Superintendent, Utilities Division and Street Superintendent, Street Division (Public Services). 1. Basic Benefits. Educational incentive pay shall not start for one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of one -half step for possession of an A.A. or equivalent degree from an accredited community or junior college; and.one full step for a B.A.,or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed two half- steps. 2. Job Related Fields. Degrees must be in directly job related fields and if not, at least 30 semester units leading toward the appropriate degree with a grade of "C" or better must be included. 3. Application and Approval. Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head and the Administrative Officer shall be required. 4. Unsatisfactory Performance. In the event an employee receiving the incentive pay is not performing up to the.established standards set for the job, the department head with the concurrence of the Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the Administrative Officer. 5. Non - Applicability. It is the City's intention not to pay the educational incentive for any degree which is required or listed as a desired qualification for the position held by the employee. Educational incentives shall not be -paid for education received on City time.. The educational incentive will be removed if the employee is promoted to a position which does not entitle employees to such incentives. 6. Tuition and Books. If an employee holds a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job related courses upon SLOCEA satisfactory completion of same with a grade of "C" or better. 7/77 ARTICLE-IV= SPECIAL PROVISIONS' A. "Y" Rating. An employee who is not performing up to established job .standards may. be "Y rated; freezing his salary until such time as there is an improved job performance. The department head - shall. give 60 days written notice to any employee he intends to "Y" rate,. ,giving the employee an opportunity to correct any deficiencies. 'A "Y" rated employee would receive neither step increases nor salary increases granted by the City Council in an MOU. The "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. B. Payday Employees shall be paid the first and sixteenth of each month. When a regular payday falls on a Saturday or Sunday, employees will be . paid on the preceding Friday whenever possible -, C. Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in.writing at least two weeks prior to the start of vacation provided the employee has ,sufficient vacation time coming to cover the pay period. SLOCEA 7/77 7 APPENDIX A Administration (1) Administrative Secretary (1) Administrative Services Clerk (1) Clerk Typist II (1) Legal Secretary (1) Secretary II (2) Secretary III (1) Social Services Assistant Communitv Development (2) Building Inspector (1) Chief Building Inspector (1) Clerk Typist II (6_) Engineering Assistant (1) Engineering Associate (3) Engineering Technician (1) Plan Check Engineer (3) Planning Assistant (1) Planning Associate (2) Planning Technician (2) Secretary II (1) Secretary III. (1) Senior Planner (1) Technical Writer Finance (1) Accountant (3) Account Clerk I (3) Account Clerk II (1) Accounting Technician Fire (1) Secretary II (1) Secretary III T -1 . -- (4) Clerk Typist. II (1)- Janitor (1) Secretary III SLOCEA 7/77 APPENDIX A (continued) Public Services (1) Assistant Water Meter, Repairer (1) Building & Parks Maintenance Superintendent (1) Building Maintenance Leader- (1) Engineering Assistant (2). Groundskeeper I. (4) Groundskeeper II (2) Heavy Equipment Mechanic (4) Heavy Equipment Operator (3) Janitor (1) Painter (1) Parking Meter Repairer .(1) Parks Maintenance Supervisor (4) Parks Maintenance Worker (1) Secretary III (2) Street Maintenance Leader (1) Street Maintenance Worker I (8) Street Maintenance Worker_ II (2) Street Painter (1) Street Superintendent (1) Supervisory Heavy Equipment Mechanic (1) Tree Maintenance Worker I (1) Tree Maintenance Worker.Il (1) Utilities Engineer /Superintendent (1) Utilities Maintenance Leader (1) Utilities Maintenance .Supervisor (1) Utilities Maintenance Leader /Inspector (5) Utilities Maintenance Worker II (6) Utility Plant Operator I (2) Utility Plant Operator II. (2) Utility Plant Supervisor (1) Water Meter Reader. (1) Water Meter, Repairer ' (3). Water Supply Operator'I (1) Water Supply Operator 'II Recreation (2) Recreation Supervisor (1) Secretary III SLOCEA 7/77 E RESOLUTION NO. 3346 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACKNOWLEDGING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION FOR 1977 -78. WHEREAS, representatives of City administration and of the San Luis Obispo Police Officers' Association have participated in negotiations for salaries and benefits for the police personnel of the City; and WHEREAS, a Memorandum of Understanding has been executed by the City Administrative Officer and the President of the City Police Officers' Association; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That certain document entitled "Memorandum of Understanding" for 1977 -78 between the City and the San Luis Obispo Police Officers' Association, a copy of which is attached hereto marked Exhibit "A" and thereby incorporated herein, is approved in concept. Section 2. The Personnel Department, Finance Department and other appropriate departments of the City are directed to prepare the necessary documents required to implement the provisions of the Memorandum of Understanding. On motion of Councilman Petterson , seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Petterson, Gurnee, Jorgensen, Dunin and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adopted this 20th day of June . 1977. ATTEST: I AG:ktm 6/20/77 Resolution No. 3346 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes AG:ktm 6/20/77 �C (1977 Series) Approved as to content: City Administrativ Officer Personnel pct r Director .. O 0 MEMORANDUM OF UNDERSTANDING between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION Ag � 8 @T ��A' . o 0 MEMORANDUM OF UNDERSTANDING ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Resolution No. 2141 of the City of San Luis Obispo, which Resolution is hereby incorporated by reference as if fully set forth herein, and has been executed by the Administrative Officer on behalf of Management officials of the City and by the San Luis Obispo Police Officers' Association ( SLOPOA), on behalf of employees occupying the line item full -time employment position classifications set forth in Appendix A. B. City Council Approval It is the mutual understanding of all the parties hereto that this MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo. C. Full Understanding, Modification and waiver The parties agree that each party has and opportunity to make, advance and scope of representation as outlined i This MOU constitutes the full and cc there are no others, oral or written, D. Purpose had full and unrestricted right discuss all matters within the n Section 6 of Resolution No. 2141. mplete agreement of the parties and except as specified in this agreement. The parties agree that the purpose of this MOU is to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by SLOPOA. E. Recognition The San Luis Obispo Police Officers' Association is hereby acknowledged as the majority representative for the regular and probationary employees occupying the position classifications set forth in Appendix A pursuant to section 9A of Resolution No. 2141. F. Validity of Memorandum of Understanding If any provision of a court of competent from this MOU, but t; effect. The parties faith, negotiate for provision. this MOU is determined to be invalid or illegal by jurisdiction, then such provision shall be severed ze remainder hereof shall remain-in full force and hereto shall immediately commence to, in good the purpose of replacing any such invalid or illegal SLOPOA EX 'H6I 1 11`�II 7/77 1 ARTICLE II - DIRECT PAY FOR.SERVICE SLOPOA 7/77 A. Rules Governing Step Increases B C The rules governing step increases for employees covered by this agreement are.included in the current .Salary Resolution with the following modification: The Police Chief shall be authorized to re- evaluate employees who reach step 5 in their pay range after July 1, 1977. An employee who is not . performing up to standard for the fifth step shall be notified in writing. that the department.head intends to reduce him.one step unless his job performance improves significantly within a 60 day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the department head.,. If the Police Chief deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. Wage Scales Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed.to the,nearest two dollars. Step 4 = 95% of Step 5 Step 3. = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 Effective July 1, 1977,.the wage scales for those classifications covered by this agreement shall represent a 5.75% increase of Step 5 of the salary range recommendations of the U.S. Civil Service Commission with the remaining steps computed by the above,formula.. Next Year's Meet and Confer Sessions It is agreed that both parties to this MOU shall agree by March 1, 1978 on a.i st of public agencies whose salary and benefit data shall be used as a -guide in deliberations in next year's Meet and Confer Sessions.. D. Overtime 1. Police Officers and Police Sergeants shall receive overtime pay at time - and - one -half computed at their base rate for all hours worked in excess of forty (40) hours per week except for duty involving court time, training periods, or emergency call back which. shall be compensated for at straight time except as otherwise provided in this article. . 2. Non -sworn personnel shall receive overtime pay at time -and- one -half for all hours worked in excess of forty (40) hours per week unless they elect to take compensating time off at straight.time. 3. Police Sergeants serving as Acting Lieutenants shall receive overtime payments for which Sergeants are eligible.. EXHIBIT "A" 3 4.. All.ove(o�e pay shall be authorized in %._Ming by the department head or the watch commander prior to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized after completion of the first 30 minutes of overtime. 6. Police Lieutenants and the Police Captain shall not be eligible for overtime pay. However, the Police Chief may grant.them occasional compensating time off (CTO). There shall be no formal accounting of or cash payoff at termination for such CTO. E. Detective Pay Police Officers assigned as Detectives shall be guaranteed fifteen (15) hours straight time overtime pay per month. Detectives shall be guaranteed''.. one hour minimum towards the 15 hour monthly minimum for each occurrence:of,.' call backs. Detective's standby for one week or portion thereof shall likewise be credited towards the 15 hour monthly minimum at the rate of four hours per.week. All overtime worked in excess of 15 hours per month shall be. paid at straight time. F. Court Time Employees reporting for court duty shall be guaranteed two hours minimum payment at straight time except for employees working the .morning watch who shall receive three hours minimum straight time pay when responding to court on the same day worked. Two or more court cases occurring within the . minimum time period shall be subject to the same minimum payment. G. Range.Qualification Training Sworn personnel below the rank of Captain shall be paid two hours at*, straight time when participating in range qualification training when off duty. Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition during that month. H. Emergency Call Back Sworn personnel called back for emergencies' and other unusual occurrencesi as declared by the Police Chief or watch commander, shall be paid on a straight time basis with a. minimum of four hours at straight time. I. Standby Sworn personnel below the rank of.Lieutenant on standby shall be compensated one hour's pay for each five ('S) hours standby. Such employees shal'l.be paid a minimum of three -(3) hours straight time pay when on standby. J. Team Leaders The Police Chief may assign up to four (4) Police Officers as Team Leaders_., for an indefinite time period based on fob performance including productivity and program results. Such appointees shall receive an additional 5% above their base salary "for the duration of such appointment. The Police Chief shall have the authority to reassign team leaders when deemed necessary. EXCHIBIT "A" SLOPOA 7/77 4 K. Longevity The Police Captain shall be paid an additional one percent (1 %) of his base salary step following ten years of continuous full time service with the City. An additional one percent (1 %) of base salary will be added for each subsequent five year period, calculated to the nearest " two dollars ($2.00) per month. ARTICLE III - FRINGE BENEFITS A.' Health Insurance The City agrees to contribute $76.21 per month for all employees covered" by this MOU to be spent first on employee coverage under the Pacific Mutual medical insurance group plan, and; second, on dependent coverage or on City approved health or disability plans." SLOPOA 7/77 B. Eye Care Insurance The City agrees to contribute $3.50 per month for all employees covered by this MOU to be spent on the City approved eye care plan.. C. Retirement The City agrees to provide the Public Employees' Retirement System's 2% at age 55 retirement plan to all sworn personnel and the 2% at age 60 plan to all non -sworn personnel. D. Vacation Leave Each employee covered by this MOU shall accrue vacation leave with pay on the following basis: 1., Upon completion of one year of .continuous service, 12 days.. 2. Thereafter, up to and including.five years of continuous service, 12 days per year. 3. Upon completion of five years of service, and thereafter, up to and including 10 years of service, 15 days per year. 4. Upon completion of 10 years of ;service and thereafter, up to and including 20 years of service, 18 days per year. 5. Upon completion of 20 years of service, and thereafter, 20 days per year. 6. Vacation leave shall be accrued as earned each payroll period up to a maximum of 25 days.. Effective July 1, 1978, there will.be no accrual of vacation leave for employees with 25 accrued.days. 7. The department head or"his authorized representative shall schedule vacations so as to minimize their impact on department efficiency and productivity. EXHIBIT „A„ C7 0 E. Holidays The following days of each year are designated paid holidays: January 1 (New Year's Day), February 12 (Lincoln's Birthday), third Monday in February (Washington's Birthday), last Monday in May (Memorial Day), July 4 (Independence Day), first Monday in September (Labor Day), September 9 (Admissions Day), fourth Monday in October (Veteran's Day), fourth Thursday in November (Thanksgiving Day), employee's birthday, December 25 (Christmas) State and Federal Election days. When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on Sunday, the following Monday shall be observed. Employees who work on holidays may choose to be paid straight time for the holiday plus straight time for the day worked or take a day off with prior approval of their watch commander. Employees are responsible for scheduling such time off in advance. F. Sick Leave 1. Definitions - Sick leave shall be defined as follows: a) Absence from duty because of illness or off -the -job injury, or exposure to contagious diseases. b) Absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister, or any other relative living in the same household, provided such leave as defined in this Article shall not exceed five (5) working days for each incident. 2. Each employee shall accrue sick leave with pay at the rate of 12 days per year of continuous service. 3. Sick leave may be used after the completion of the month of service in which it was earned. 4. Written proof of illness from an authorized medical authority for sick leave use in excess of five consecutive days shall be submitted to the department head. Such proof may be required for periods of less than five days where there exists an indication of abuse. 5. Accumulation of sick leave shall be unlimited. 6. Upon termination of employment by death or retirement, a percentage of the dollar value of the employees' accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: a) Death - 25% b) Retirement and actual commencement of PERS benefits 1) After ten years of continuous employment - 100 2) After twenty years of continuous employment - 15% EXHILBAT "A" SLOPOA 7/77 5 O O 6 G. Uniform Allowance 1. Each employee shall receive an annual uniform allowance of $228, paid quarterly. This figure equals 15% of the monthly fifth step for Police Officer, rounded off to the nearest $2:.00, plus $30: 2. The City agrees to provide bullet proof vests to Police Officers for.op.tional wearing. At the, discretion of the watch commander, all officers may be required to wear vests. H: Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Captain. 1. Basic Benefits. Educational incentive pay shall not start for one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time: The basic benefit will consist of one -half step for possession of an A.A_.. or equivalent d_egree.from.an accredited community or junior college; and one full step for a B.A: or equivalent degree from an accredited four year college or university or an A.A. or A.S. degree plus the P.O.S.T. Advanced Certificate. Total incentive pay shall in no case exceed.two half - steps. 2. Job Related Fields. Degrees must be in directly job related fields and if not, at.least 30 semester units leading toward' the appropriate degree with a grade of "C" or better must be included. 3. Application and Approval. Application for the incentive pay shall . be made by the employee to the department head at least 30 days before the date the payment of the incent ve.pay is to be effective. Approval of the department head and the.Administrative officer shall be required: 4. Unsatisfactory Performance. In the event an employee receiving the incentive pay is riot performing up to the established standards`, set for the job; the department head with the concurrence.of the Administrative.Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the . standard level, in the opinion of the department head and concurred in by the Administrative Officer. 5. Non- Applicability. It is the City's intention not to pay the educational incentive for any degree which is required or listed as a desired qualification for the position held by the employee. Educational incentives shall not be paid for education received on City time. The educational incentive will be removed if the employee is promoted to a position which does not entitle employee to such incentive. EXHIBIT „A►► SLOPOA 7/77 0 0 7 6. Tuition and Books. If an employee or department head holds a. position which does not qualify him for incentive pay, employee will be eligible to receive payment for 50% of tuition and books for approved job related courses upon satisfactory completion of same with a grade of "C" or better. I. Deferred Compensation The POlice Captain and Police Lieutenant shall be allowed to participate in the City's deferred compensation plan. EXHIBIT "A" SLOPOA 7/77 o APPENDIX A Covered employees include only those employees in the following classifications in the Police Department: DISPATCHER CLERK PARKING ENFORCEMENT OFFICER POLICE CAPTAIN POLICE LIEUTENANT POLICE OFFICER POLICE SERGEANT SLOPOA EJXNH I C 11Af1 7/77 SLOPOA 7/77 G PQ The undersigned parties have caused this Memorandum of Understanding to be executed this 20th day of June, 1977. San Luis Obispo Police Officers' Association by: President SL POA APPROVED AS TO F RM: t City Attorney City Administration by. Administrative dTIFhLcer APPROVED AS TO CONTENT: Personnel Direct BffxHIBii I' " RESOLUTION NO. 3345 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TRANSFERING CAPITAL OUTLAY FUND - SEWER IMPROVEMENT APPROPRIATION FOR THE 1976/77 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following transfer of current appropriations is authorized to provide additional funding for Sewer Treatment Plant - Clarifier No. 1 Cleaning & Repair. Account No. Transfer to (40) 40- 7162 -72E Transfer from (40) 40- 7162 -72B Description Sewer Plant - Clarifier Sewer Plant - Barminutor Budget Amount $4,200. DR. $4,200. CR. On the motion of Mayor Schwartz seconded by, Councilman Petterson , and on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Gurnee, Dunin and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June , 1977. ATTEST: Cityi�2' erk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes Approved as to content: RESOLUTION NO. 3344 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO.TRANSFERING CAPITAL OUTLAY FUND WATER IMPROVEMENT APPROPRIATIONS FOR THE 1976/77 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following transfer of Current Appropriations is authorized'to provide additional funding for quarterly water projects: City Plans 24 -77, 26 -77, & 28 -77: Account No. Description Budget Amount Transfer to (40) 40- 6362 -715 Water Incremental Improvements $9,200. DR. Transfer from (40) 40- 6362 -716 Water Pre -1942 Improvements $9,200. CR. On the motion of Councilman Petterson, seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Petterson, Jorgensen, Gurnee, Dunin and Mayor Schwartz NOES: None ABSENT: None the foregoing. Resolution was passed and adopted this 7th. day, June 1977. ATTEST: Ci1X-Xre&'6kJ.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLE City Attorney nn A By Allen Grimes Approved as to content: 'RE'SOLUTION NO, 3343 .(1977 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING 30 MINUTE PARKING ON FUNSTON AVENUE, PROHIBITING PARKING ON PISMO STREET AND ESTABLISHING A LOADING ZONE ON TORO STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. A thirty minute green zone is hereby established on the Northerly side of Funston Avenue beginning at a point ten feet Westerly of the Southerly prolongation of the Westerly property line of Broad Street and thence continuing 118 feet Westerly. Section 2. Parking is hereby prohibited on the Northerly side of Pismo Street between Walker and Higuera Street. Section 3.' loading zone is hereby established on the Easterly side of Toro Street beginning at a point thirty four feet Northerly of the inter- section of the Westerly prolongation of the Northerly property line of Marsh Street and continuing thirty feet Northerly. On motion of Councilman_Petterson. , seconded by Councilman. Gurnee and on the following roll call vote: AYES: Councilmen Petterson, Gurnee, Jorgensen, Dunin and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed ATTEST: Approved as SINSHEIMER, City Attorn form: WENDT, MITCHELL, la MOTTE & LILLEY adopted this day of June , 1977. Approved as to content: C RESOLUTION NO. 3342 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING ACCEPTANCE OF A PORTION OF CALIFORNIA BOULEVARD AND AUTHORIZING THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS ON BEHALF OF THE CITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council hereby accepts that portion of California Boulevard offered by the California State University and Colleges as set forth in the documents marked Exhibit "A" and Exhibit "B "attached hereto and thereby incorporated herein. The Mayor is authorized to execute said documents on behalf of the City. Section 2. The City Clerk is directed to convey the executed doduments to the Chancellor of the University and Colleges for completion. On motion of Councilman Jorgensen , seconded by Councilman Gurnee and on the following roll call vote: AYES: Councilmen Jorgensen, Gurnee, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed ATTEST: C' erc J.H. Fitzpatrick Approved as to fo WENDT, MITCHELL, NSHEIMER, de la MOTTE LIL Y City Attorney a By Allen Grimes this 7th Kenne day June , 1977. Approved as to content: a City Administrative Offi r irector of Public Services QUITCLAIM DEED. This deed is made on the. day of , 1977; by and between the State of California, through the TRUSTEES. OF THE CALIFORNIA STATE.UNIVERSITY AND COLLEGES, hereinafter referred .to 'as "Grantor and the CITY OF SAN LUIS OBISPO, a municipal corporation,.hereinafter referred to as "Grantee ", and approved by the California State.Department of General. Services. THE PARTIES TO THIS AGREEMENT FIND THAT:, (1) Grantor and Grantee share a history of cooperation in maintaining, controlling, and protecting that parcel of real property described hereinbelow. (2) In an effort to maintain said parcel in good condition, order, and repair, Grantor has . expended substantial time, manpower, and monev and has performed duties which include, but are not limited to, the pruning, watering, ferti- lizing and spraying of all landscape, the repair and resurfacing of paved streets, and the removal of all rubbish and garbage which may have accumulated thereunto. THEREFORE, THE PARTIES TO THIS DEED AGREE AS FOLLOWS: (1) Pursuant to the provisions of Education Code Section 24753, Grantor does hereby release, remise and forever quitclaim to Grantee all -1- EXH B1 A" its right, title, and interest in and to a portion of that parcel of real property commonly referred'to as California Boulevard located in the City of: San Luis Obispo, County of San Luis Obispo, State of California. That portion of California Boulevard which is hereby quitclaimed, abuts the southeast boundary of the campus of California State University, San Luis Obispo, extends to the west line boundary of Hathway Avenue, and is more specifically described as follows in a grant deed between Lawson and Mary Jane Lowe and the State of California dated May 19, 1902, and recorded August 9, 1902, in.Book 54, page.185 of Deeds located in the Office of the County Recorder for San Luis Obispo: "Beginning at Post C.P.S. No. 12 .at the intersection of the west line of Hathway Avenue with the fence on the easterly line of the Southern Pacific Railroad.right of way: Thence northerly along said right of way fence.twenty -four and 65 /100 (24.65) chains to post C.P.S. No. 8; Thence north sixty -five (65) degrees thirty (30) minutes east one and 51/100 _ (1.51) chains; -2- E)(HU M.T . ;,A„ Thence southerly and parallel to said right of way fence and one hundred,(100) feet distant therefrom to post C.P.S. No. 13 on the west line of Hathway Avenue; Thence south two.and 50/100 (2.50) chains to the.point of beginning." IN WITNESS WHEREOF the Board of Trustees have caused this Quitclaim Deed to be executed this day of 1977. GRANTOR: BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY AND COLLEGES GLENN S. DUMKE, CHANCELLOR By VICE CHANCELLO APPROVED: DEPARTMENT OF GENERAL SERVICES By DIRECTOR OF FINANCE GRANTEE: CITY OF SAN LUIS OBISPO J. H. FITZPATRICK, CITY CLERK -3- �v� EX k'.IIT "Ayr AGREEMENT ACCOMPANYING QUITCLAIM DEED THIS AGREEMENT, made on the day of. , 1977, . by and between THE STATE OF CALIFORNIA, through the TRUSTEES OF. CALIFORNIA STATE UNIVERSITY AND COLLEGES (hereinafter referred to as "Trustees), and THE CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter referred to as "City "), and approved by the CALIFORNIA STATE DEPARTMENT OF GENERAL SERVICES. WITNESSETH: WHEREAS, by separate Quitclaim Deed, Trustees offer to quitclaim to City all their right, title, and interest to a portion of that parcel of real property commonly referred to as California Boulevard located in the City of San Luis Obispo, County of San Luis Obispo, State of .California; and WHEREAS, in the event City accepts said property; NOW, THEREFORE, the parties mutually agree as follows: 1. By accepting the aforesaid conveyance, City assumes and Trustees are relived of any and all responsibility to main- twin, control, .protect, and patrol said parcel including, but not limited to, the pruning, watering, fertilizing, and spraying of all landscape, the repair and resurfacing of paved streets, and the removal of all rubbish and garbage which may accumulate thereunto. 2. City agrees to maintain, control, protect and patrol said portion of California Boulevard being conveyed to City in substantially the same manner as other similar landscaped property and paved streets belonging to the City. E)UHNIFEMT "b" - 1. - I IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first above written. BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY AND COLLEGES GLENN S. DUMKE, CHANCELLOR By Vice Chancellor THE CITY OF SAN LUIS OBISPO By ATTEST: APPROVED: FITZPATRICK, CITY CLERK DEPARTMENT OF GENERAL SERVICES JIM Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & L LEY City Attorney Director of Finance By Allen Grimes Approved as to content: *A City Administrate Officer Director of Public Services -2- Ei, ;f,L�; >10 T 111f i RESOLUTION NO. 3341 (1977 SERIES) A RESOLUTION OF THE OUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN ACEMIENT BETWEEN THE CITY.AND ALICE PARKS NELSON 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 :Cldrk:,between the City and Alice Parks Nelson 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 Dunin and on the following roll call wte: ANES: Councilmen Petterson, Dunin, Gurnee, Jorgensen and,Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June , 1977. i • ii Fitzpatrick E C 0 RESOLUTION NO. 3341 Approved as to form: W=, =CHELL, SDUE=, de la M= & LIUEY City Attorney (1977 Series) Approved as to content: 7-ft- City Administrative Officer By MIE C. MrMEM r -2- 1661 Hillcrest Place ✓'' San Luis .Obis o California Apr _ May 11 19 77 ALICE PARKS NELSON (Grantor) "P/ Dist C `ty P.PI. R W E. A. 05 - SLu�it o SLO YttaetRosa -.130509 FAU M -Y394(l) RIGHT OF WAY CONTRACT - CITY STREET Document No. 180 -9" in the form of a GRANT DEED covering the property particularly described therein has been executed and delivered to T. A. REIIQHARDT , 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 $ 74,172.25 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. APPROVED BY DISTRICT 5 Dated — % 7 H. L. Bent 'nge-L Deputy District Director Right of Way (B) Pay all escrow and recording fees incurred in this . transaction, 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.- 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 grantor(s) further agrees) 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. 5. The undersigned grantor(s) hereby agrees) 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. 6. This transaction will be handled through an escrow with SAFECO Title Insurance Company, P. 0. Box 1145, San Luis Obispo, CA 93406; their No. 103536. 7. 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, commenced March 29, 1977, 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, and interest from said date. - 2 -. 8. It is further agreed that in the event escrow does not close on or•befbre June 30, 1977, City shall amend the subject contract to-pay grantor the interest accrued between said date and the actual date of escrow closure. The interest shall be at the rate of seven percent (7.g) and shall be paid on the sum as shown in Clause 2(A) herein. All rents shall .be prorated as of April 1, 1977. t�" All rents derived from said property up to and including said date shall be.paid to the -grantor,..and all rents derived -there after shall be paid to the City of San Luis Obispo. If any rentals on said property_ have been or are collected by the undersigned grantor for any period beyond said date, the undersigned grantor shall immediately refund such rentals to.the City. - 3 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Recommended or A,2zroval.: l Right "'Ca Agent r District Right 'of Way Acquisition Branch Alice Parks Nelson CIr)f OF SAN .LUIS P Kenneth E.'Schwartz Mayor t: RECORDING REQUESTED 8# 1001 ANO WHEN RECORDED MAIL TO t , SPACE ABOVE.THIS LINE FOR RECORDER'S USE #180 -9 Individual Grant Deed ' �...� �... �.0 ��reru r�u en ev Trl•rle TITI.0 rIV C110 Fr2S" ro 1923 CA (12 -741 The undersigned grantor(s) declare(s) Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALICE PARKS NELSON hereby GRANT(S) to THE CITY OF SAN LUIS OBISPO the following described real property in the City of San Luis Obispo County of San Luis Obispo , State of California: AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO Datca May 11 1977 _ _�(!re p/�- %%��•tJ Signed and de-ivered in the resence of: [It COUNTY OF ' On - before me. the under- . - signed, a Notary Public in and for said State, personally appeared known to me' to be the person whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand.and official seal. Signature (Thin glen fin oalrial notarial seal) Title Order No. _Fscrow or Loan No.— �,'r n'! ;TS 9= [,:C• -(-�� ter, .. •I, Dept. of Transportation Nam. j j Pe 0. Box L Street Addrals I San Luis Obispo, CA 93406 . City L State J MALL TAX STATEMENTS TO Name Street Address CRT 6 . State I I t , SPACE ABOVE.THIS LINE FOR RECORDER'S USE #180 -9 Individual Grant Deed ' �...� �... �.0 ��reru r�u en ev Trl•rle TITI.0 rIV C110 Fr2S" ro 1923 CA (12 -741 The undersigned grantor(s) declare(s) Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ALICE PARKS NELSON hereby GRANT(S) to THE CITY OF SAN LUIS OBISPO the following described real property in the City of San Luis Obispo County of San Luis Obispo , State of California: AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO Datca May 11 1977 _ _�(!re p/�- %%��•tJ Signed and de-ivered in the resence of: [It COUNTY OF ' On - before me. the under- . - signed, a Notary Public in and for said State, personally appeared known to me' to be the person whose name subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand.and official seal. Signature (Thin glen fin oalrial notarial seal) Title Order No. _Fscrow or Loan No.— �,'r n'! ;TS 9= [,:C• -(-�� ter, .. •I, EXHIBIT A That portion of Lot 4 in Block 33 of the City of San Luis Obispo, according to map recorded May 1, 1878, -iri Book A. at page 168 of Maps, described..as follows: Commencing 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, 75 feet; thence at right angles.Northeasterly and parallel with Mill Street, 50 feet; thence at right angles Southeasterly and parallel with Santa Rosa Street, 75 feet to the North line of Mill Street; thence South- westerly along the Northerly line of M11 Street 50 feet to the point of beginning. The date of possession by grantee of the herein described property was March 29, 1977. EXHIBIT A . 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': Commencing 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, 75 feet; thence at right angles Northeasterly and parallel with Mill Street, 50.feet; thence at right angles Southeasterly and parallel with Santa Rosa Street, 75 feet.to the North line of Mill Street'; thence Sou th - westerly.along the Northerly line of Mill Street 50 feet to the point of beginning. The'date of possession by grantee of the herein described property was March 29, 1977., RESOLUTION NO. 3340 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE APPROPRIATION.OF FUNDS RECEIVED UNDER THE FEDERAL ANTIRECESSION ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation of Federal Antirecession Assistance Funds are authorized to maintain basic services and levels of public employment: Account Description 60= 3623 -484 Antirecession Assistance Program 2nd $ 3rd Allocations (FA02 $ FA03) Dept (50) Public Services- Utilities Div. Budget Amount $18,783. DR. BE IT FURTHER RESOLVED that the following appropriation of Equipment Replacement Funds is authorized concurrent with the above Antirecession Assistance Funds. (50)41- 6350 -000 Water Trans. $ Dist. - Vehicles $10,000. DR. 41- 0510 -000 Appropriation $10,000. CR. 41- 0600 7000 Unappropriated Bal.. $10,000. DR. On the motion of Councilman Petterson seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Jorgensen, Gurnee and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June 1977. 1 ATTEST: COrC7efk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SI HEIMER, de la MOTTE $ LILLE City Attorney A en Approved as to content: WJML:PLMCE:bz 5/19/77 10c RESOLUTION NO. 3339 (1977 Series) A RESOLUTION DETERMINING AMOUNT OF SURPLUS AND PROVIDING FOR ITS DISTRIBUTION RESOLVED, by the City Council of the City of San Luis Obispo, County of San Luis Obispo, California, that WHEREAS, this Council has heretofore conducted certain pro- ceedings pursuant to the Municipal Improvement Act of 1913 and the Improvement Bond Act of 1915 designated "McMillan Sewer Assess- ment.District "; and WHEREAS, the improvements provided to be installed by such proceedings have been completed, all claims required to be paid from the Improvement Fund established for said.assessment district have been duly paid, and certain surplus moneys.remain in said Fund; NOW, THEREFORE, IT.IS HEREBY FOUND, DETERMINED, and ORDERED as follows: 1. This City Council does hereby find and.determine that-the amount of.surplus remaining in the Improvement Fund established for and on behalf of the McMillan Sewer Assessment District by reason of the assessment is the sum of Five Thousand.Six Hundred Dollars ($5,600). 2. Pursuant to Resolution No. 3024, "A Resolution of Inten- tion to Acquire and Construct Improvements," adopted on the 5th day of April, 1976, it was determined that any such surplus should be used for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of.the improvements. ,RESOLUTION NO. 3339 0 3. All of the sums heretofore determined as surplus shall be applied as a credit to the assessment heretofore levied in the proportion which each individual assessment, or installment of principal thereof, bears to the total of all individual assess- ments in the assessment upon which the surplus is to be credited. Where an individual.assessment, or any installment of the principal thereof, has been paid in cash, the credit shall be returned in cash to the person or persons paying the same upon their furnishing satisfactory evidence of such payment. Where all or any part of an individual assessment remains unpaid and is payable in install- ments, the amount apportioned to each parcel shall be credited against the next installment or installments unpaid upon it after the expiration of the.period of two years from the date of receipt of proceeds of the sale of bonds by the City. 4. The application of said surplus as a credit upon the individual assessment shall be in accordance with the exhibit hereto attached and made a part hereof by reference setting forth the assessment numbers and the amount.of credit to.be applied to each individual assessment. I hereby cei regularly passed San Luis Obispo, 7th day of members thereof, Councilman Dunk :tify that the foregoing and adopted by the City California, at a meetin June 19.7 7 , by the on motion of Councilman 1 resolution was duly and Council of the City of 3 thereof held on the following vote of the Petterson , seconded by AYES, and in favor thereof, Councilmen: Dunin, Pettersori, NOES �prense Gurnfe and Mayor Schwartz o ci en: one ABSENT, Councilmen: None -2- Clerk of the City of San Luis Obispo JK -- 2/2/77 !� COMPUTATION OF PRORATION OF REFUNDS MCMILLAN SEWER DISTRICT Assess- Assessor's Assessment tent Parcel Less Parcel No. Reimburse - No. went Percentage Credit Remarks la 53- 193 -07. $3,235.42 5.65 $316.40 Apply to bonds lb 53- 221 -25 $ 930.66 1..63 $ 91.28 " if It 2 53- 221 -22 $5,146.83 9.01 $504.56 It " 3 53- 193 -06 $2,449.77 4.28 $239.68 if " 4 53- 193 -04 $3,847.34 6.72 $376.32 ti 5 53- .201 -07 $2,265.88 3.96 $221.76 " port. 6 53- 201 -07 $3,209.85 5.61 $314.16 port. 7 53- 201 -07 $1,861.32 3.25 $182.00 " port. 8 53- 201 -06 $1,223.84 2.14 $119.84 " 9 53- 201 -05 $2,498.81 4.37 $244.72 10 53- 201 -04 $2,104.41 3.68 $206.08 11 53- 212 -06 $1,199.32 2.10 $117.60 Paid off bond -send check 12 53- 212 -05 $2,081.99 3.64 $203.84 Apply to bonds 13 53- 212 -09 :$3,050.48 5.33 $298.48 port. 13a 53= 212 -09 -0- -0- -0- " port. 14 Not Bonded $3,001.44 5.25 $294.00 Paid Cash- Send_Check 15 53- 212 -08 $2,817.55 4.92 $275.52 Apply to Bonds 16 53- 212 -10 $2,677.18 4.68 $262.08 " 17 53- 202 -13 $3,943.93 6.89 $385.84 18 Not Bonded $1,266.75 2.21 $123.76 Paid Cash -Send Check 19 53- 202 -14 $1,861.32 3.25 $182.00 Apply to Bonds 20 53- 202 -04 $3,265.02 5.71 $319.76 " " " 21 53- 202 -06 $1,315.78 2.30 $128.80 " " " 22 Not Bonded $ 792.31 1.38 $ 77.28 Paid Cash -Send Check 23 53- 202 -09 $1,169.90 2.04 $114.24 Apply to Bonds TOTALS $57,217.10 100.00% $5,600.00 (Est. Project Cost (Excess Funds) less Reimb.) 1.4 -A 0 i G RESOLUTION NO. 3338 (19 77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND PETER R. DEL VAGLIO, JR. AND LUISA M. DEL VAGLIO., FOR COMMON ACCESS DRIVEWAY SERVING PROPERTIES OWNED BY THEM. 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 Peter R. Del Vaglio, Jr. -and Luisa M. Del Vaglio, husband and wife, for a common access driveway serving parcels of real property owned by them on E1 Cerrito Court (Tract 429) 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 County Recorder, the Community Development Department, and the Chief Building Inspector. On motion of Councilman Petterson , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Gurnee, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June 1977 . ATTEST: C e rk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation City Attorney By Allen Grimes ktm 5/19/77 Approved as.to content: Endorsements on Agreement. ''r•"� � Syr.. '+w . 4 '. r �,y .. '..�. fir. ...w ., "- � "rti ', •,,, .. • i .. n_. . W,rw_L �, le .7�. '�''� " �� ..�.I�� : �.w yr \.r . "l�� 4..•;. • +! ;wow: �'v w- �,�yr �D i''e ".�"'.. "'I_ `; �•� �e'•J �' �.. "....Y � '^"_ ��.�r' %'-1,h •'v'i n':k � rr' .'s .�' ,.V ,�� -�' -,1 _ Jam' ..r,: _ \ ; r. .e. �.a. 'te .J.:Y;: .+ /c... - e � _ .. •..� r��„ � w . r , AGREEMENT CREATING EASEMENT FOR COPAIVION_DRIVEWAY This Agreement, between THE CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter referred to as "City ") and PETER R. DEL VAGLIO, JR. and LUISA M..DEL VAULIO, husband and wife, (hereinafter.referred to as "Owners "). WITNESSETH: WHEREAS, owners have an interest, either as owners or incumbrancers,.in the following described real property situated in the.City of San Luis Obispo, County of San Luis Obispo, State of California., to wit: Lots 10, 11 and portion of Lot 12.of Tract 429 (El Cerrito Court) and;. and WHEREAS, owners desire to construct a residence on Lot 10; WHEREAS, City, as a condition of said development, requires the creation of a common driveway easement to serve said Lots 10, 11 and portion of Lot 12, for the benefit of each of them, and for the benefit of Owners; NOW, THEREFORE, the parties hereto agree each with the other as follows: 1. Owners'hereby dedicate an easement for a common drive- way ever ]rots 10, 11 and portion of Lot 12 as described in the attached map designated as Exhibit "A" which is hereby incorporated in arilmade a part of this agreement. Said common driveway shall exist in favor of each of .Lot 10, Lot 11 and portion of Lot 12 as shown on said Exhibit "A ". 2. Owners hereby agree to comply with the followinm terms and conditions: •'`^ �I �k!�i.:�y H i'yvY�l�w'V ],yr%Y` '1` tw.£ `'Vyh'..AY� -%• KV wwq,t.'f ?C'�s+✓. �o�. T'v, r� 4�ik�J.1110 A.- ��`.v�. :�a.fihl:✓ �ti Kw, Ja, •. aF ., S'r+"' ••, M�'. G rt +�''(E.a:. _'�J av ��y_r.,y.`�.'. __ _ �^' •�'t "i.'. —�. ,+.`.'?p.,. (1) Improve, maintain and keep in repair said driveway, on his or their property. (2) Prohibit all parking on the common access portions. (3) Agree, jointly and individually to reimburse the City of San Luis Obispo for all costs connected with removal of vehicles from the common access portions, and will reimburse the City for, and hold the City harmless from, all final judgements against the City for damages or other liability arising from the enforcement of the aforesaid prohibition against parking. (4) Owners understand that the City cannot regulate vehicle usage or hazards upon said common access driveway and agree jointly and individually, to defend and hold the City harmless from all claims for damages or liability arising from the alleged failure of the City to regulate vehicles or to provide protection from hazards upon said drive- way. (5) Repair any portion of said driveway that is damaged trhough the intentional or negligent acts of said party, or parties, or his or their licenses and invitees. 3. Parties agree that this easement is superior and para- mount to the rights of any of the parties in the respective servient estates so created, and that it is.a covenant running with the land. DATE: W 1 1 I I NOTARY: -2- OWNERS: zt, u eter R. Del Vagl.io, Jr. Y / CIA � uisa M. - a lso rF_ r F L I .)f 1e+s� �i� M 1 Ai J �� ..a�/• N f. wr ��i:'�{t � i� e= 'e1' r•� .1 � � �f4� � �'� K ♦A �_.,` � i N � . y�' i' vn �O:rt• �-�.n 'Y J+�� rTf r. Iw , .t :.. �a.a•t'.�e Y�'lSn� -. � T': • � `.:•ti..�+•..• .M1i .. � �� .`r' .�� • CITY OF' SAN LUIS OBISPO Mayor ATTEST: City Clerk Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & ILLEY City Attorney By Allen rrimes -3- I City Administrati Officer AM �rli I I II jLD CE! If It Al J if I I I VT I II jLD CE! If It Al Ar T:Y All, k.0 q 7-7L Z All 1 tsa id z. I I -2 11 I. J if I I I VT Ar T:Y All, k.0 q 7-7L Z All 1 tsa id z. I I -2 11 I. M ti mil, RESOLUTION NO.3337 (19 77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO COUNTY.OFFICE OF EDUCATION SUMMER PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH ( SPEDY). 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 San Luis Obispo County,office of Education for participation in the Summer Program for Economically Disadvantaged Youth ( SPEDY) 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 Personnel Department and the coordinator of the SPEDY Program. On motion of Councilman Petterson seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Jorgensen, Gurnee and Mayor- Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June , 19 77 ATTEST: C Clerk J.H. Fitzpatrick Approved as to form:. WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LIL Y A Professional Coloration City Attorney y. Allen Grimes Approved as to content: City Administrative OWicer Personnel Dire r 3.�> :T 7 O AGREEMENT THIS AGREEMENT is entered into this day of 1977, SAN LUIS OBISPO COUNTY OFFICE OF EDUCATION -`�`. .by and between /SUMMER PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH, hereinafter referred to.as SPEDY, and the City of San Luis Obispo hereinafter.referred to as (Name of Agency agency. WITNESSE•TH WHEREAS, SPEDY.desires to provide work experience for .youth; and WHEREAS, agency is.able to provide job sites for the purpose of work experience, NOW, THEREFORE,,IT•IS HEREBY AGREED as follows: 1. SPEDY shall select: those participants eligible to participate in the Work Experience Program pursuant to this agreement. 2: SPEDY will pay wages to participants at a.rate not less than.that specified by Federal regulations under Department of Labor. SPEDY will also provide Workers' Compensation insurance for participants. 3. SPEDY will provide services as needed to enable participants to participate in the program. Such services may include but are not limited to, orientation, counseling, referrals to,supportive.and special services, job development and job placement. 4. Agency agrees to provide meaningful work experience and proper supervision to-participants. 5. Agency will follow established program procedures to assure accurate partici- pant time and attendance records and will provide input into the evaluation process. 6. Agency will adhere to Federal /State /local rules and regulations governing SPEDY, as provided by SPEDY. 7. Agency shall provide participants with safety instruction and equipment necessary for reasonable protection against injury and damage. If special clothing or equipment is provided to regular employees, the same type of clothing or equipment shall be provided to the SPEDY participants. Facilities. and equipment used under: SPEDY /AGREEMENT 2 this Agreement shall comply with all applicable Federal, State and local health and safety laws. 8. Agency agrees to allow SPEDY representatives reasonable access to the premises for the purposes of on -site monitoring. 9. Agency certifies tfiat at the time of entering into this agreement, it is a government entity /non-.profit private agency. ..10. This agreement may be terminated by either party at any time. 11. The term of this agreement shall extend from J -n-- 27, 1977 through August 19, 1977. CITY OF SAN LUIS OBISPO Name of Agency Date ATTEST: ity Clerk . Approved as to form: hENDT, MITCHELL; S NSHEIMER, de la MOTTE $ LILL Y City Attorney _ w By Allen Grimes Approved as to.content: City. Administrative fficer SAN LUIS OBISPO COUNTY OFFICE OF EDUCATION SUMMER PROGRAM FOR ECONOMICALLY DISADVANTAGED YOUTH Coordinator Date RESOLUTION NO. 3336 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A JOINT POWERS AGREEMENT ESTABLISHING THE CENTRAL COAST SELF INSURANCE FUND. 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 Establishing the Central Coast Self Insurance Fund between the Cities of San Luis Obispo, Arroyo Grande, Grover City, Morro Bay and Pismo Beach,.. attached hereto marked Exhibit "A" and incorporated herein by reference. The Mayor is authorized to execute said agreement on behalf of the City. Section 2. The City Clerk shall furnish a certified copy of this Resolution together with the executed copy of said agreement to Murray L. Warden, Administrator, City of Morro Bay. On motion of Councilman Petterson , seconded. by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Jorgensen, Gurnee and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed ATTEST: 'CWr Clerk J.H. Fitzpatricc Approved as to form: WENDT, MITCHELL, SIISHEIMER, de la MOTTE $ LILL City Attorney a By Allen Grimes ktm 5/26/77 adopted this 7th day of June , 1977. Approved as to content: City Administrative Officer JOINT POWERS AGREEMENT ESTABLISHING THE CENTRAL COAST SELF INSURANCE FUND WHEREAS, the following public agencies, the Cities of Arroyo Grande, Grover City, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo have an obligation to provide workers' compensation coverage for their employees; and WHEREAS, a feasibility study has been conducted by R. L. Kautz & Co. which recommends that the cities, under a Joint Powers Agreement, agree to self - insure under an arrangement where the cost will be determined by losses and administrative expense which all will share in the same proportion that the cost of an insured program would develop; and WHEREAS, it is to the mutual benefit of the parties hereto and in the public interest that said parties join together to establish a fund to provide workers' compensation insurance and to pay for the administration of said fund and the cost of excess insurance, and related costs as approved by the Board of Directors; and WHEREAS, the public agencies are authorized to contract with each other for the joint exercise of any common power under Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the State of California. NOW, THEREFORE, the cities of Arroyo Grande, Grover City, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo, and each of them in consideration of the mutual promises and agreements hereinafter stated and the performance thereof, do hereby agree as follows: I. PURPOSE OF AGREEMENT This joint powers agreement is for the purpose of providing for the creation and operation of a common pool of funds to be used to meet the obligation of the parties to provide workers' compensation benefits for their employees. � y.�!'r.. "4��r',.j� ?�i'i s4Y•!�F�twe`r • �a.^C'X'. � � L�'�;'� au � � '��(' � - +i,'�` '� rS is �. tii',i�- .:""'� A'�/y�.[ '9'. r , �/�. '�+Y..'R ../' �' r-s^ ,J' �,.. gin.. J^.L •'y", i. 1./i+d'!°r �' ��....: ... � �_^�..+.`,�r+� "� � ...1'.�� ,t ..,t�_ `..7n� ?: i'� .r�..Y; ,�„y�r�f..3ti1 � %:•Ia'av II. CENTRAL COAST SELF INSURANCE FUND ESTABLISHED There is hereby constituted an entity separate and apart from the agencies party to this agreement to be designated: "Central Coast Self Insurance Fund" hereinafter known as "Fund ". III. DUTIES, POWERS AND RESPONSIBILITIES OF FUND The Fund shall be responsible for the receipt, processing, review and payment of all claims filed under the Workers' Compen- sation law of the State of California by employees of the agencies party hereto. The Fund may also contract with other public agencies to provide similar services to those agencies. The Fund shall receive and collect, invest and disburse monies paid as premiums by member agencies. The Fund is empowered to take all actions necessary to carry out the purposes of this agreement. The Fund may hire or contract with persons or firms as required to carry out its legal, accounting and administrative duties and responsi- bilities. The Fund may authorize settlement of claims and payments to claimants who are determined to have valid workers' compensation claims. The Fund may establish revolving funds as necessary from which the administrator may pay claims. The Fund shall be empowered to determine contribution rates annually by March 1st and the method by which contributions will be paid to the Fund. Payments to the fund will be determined in. the same proportion as to each City that the costs of workers' compensation insurance - program would develop as to each City. Such cost shall be developed and maintained in accordance with workers' compensation insurance industry practices and standards which include a rate to each City for audited payroll, categories of employment rates adjustments based on' claims experience, and other criteria used to establish workers' compensation rates. Each member agency consents to audit of its payroll and agrees to supply all information necessary to establish the contribution rate. Cumulative records will be maintained of each agencys' -2- 4 proportionate contribution to the fund and losses experienced. The contribution of each agency during any given fiscal year will be based on their required pro rata contribution during such fiscal year and will be adjusted in accordance with the criteria set forth at the close of each fiscal year. The Board shall select the administrator of the Fund after consultation with and concurrence of a majority of the governing bodies of the member agencies. The Board shall direct the adminis- trator of the Fund. The initial administrator shall be R. L. Kautz & Co. The Board shall review and report to each of the governing member agencies the feasibility of continuance of the program annually, but not later than April lst. The Board shall insure that a complete and accurate system of accounting of the Fund shall be maintained at all times consistent with established accounting procedures. The Fund will file annually with participating agencies a complete statement of income and expenditures made during the prior fiscal year. The Fund will maintain a cumulative monthly statement of all pending claims including the nature of the claim and the status of the claim. Said monthly cumulative report shall also include a statement of settlements and a cumulative statement of payments made on behalf of each member agency. The Fund will furnish all agencies with a summary of the method used in determining assessments against each of the agencies. The Fund shall inform participating agencies of the projected premiums for the following fiscal year and shall do so no later than April 1st so that agencies can exercise their option as provided by Section XII below to terminate their participation in the Fund and in this Joint Powers Agreement.' IV. BOARD OF DIRECTORS ESTABLISHED Responsibility for the control, direction and administration of the Fund shall be vested in the Board of Directors hereinafter called "Board" which shall consist initially of six (6) members The membership of the Board shall at all times be equal to the -3- Y ".`i�M�`� �v /'!'�^Y,A. �'. . '°'� -f �: N' .. ,cam � ^� ^ \`. � \ .s�,,i',�.ij � r 4�.�n.o 1y r�.��i. � .. - ro _,f, ✓ �v^L'I._ �.- — - �i,y'i -> r�.N,,,k1..+, '�" «:.': �++R.i'��JC+� .�s+�- �Ma`�.�. 'l. �_ T`.\. � f':'h'- ��•'..+y -�`. `': w.'-}'^ ti�^ `t�'�9':f�,,p1^"t+lf,,�tt.�%C•� .r'�,w. �^Myd�«YZ �'a;, • K number of agencies becoming and remaining a party hereto. Within 14 days after the execution of this agreement, the City Council of each agency party hereto shall appoint one representative who shall be its member on the Board. The Board member shall serve and be subject to removal and replacement at the pleasure of the appointing public agency. In any event, all terms of Board members shall expire on June 30th each year. The City Council of each member agency shall also appoint an alternate for such representative who shall attend meetings in the event that the appointed representative is unable to attend and who shall, as an alternate, have the same rights as the representative so appointed. The City Clerk of each agency party hereto shall file with the Fund a certified copy of the Resolution of the contracting agency appointing its member. V. BOARD MEETINGS The Board shall fix the time and place for its meetings and shall hold at least one annual meeting. Special meetings may be called from time to time by the Chairperson, or upon written request therefor by at least one -third of the members. A special meeting may be called by the Chairperson or upon written demand by one -third of the members of the Board by delivering personally or by mail written notice to each Board member. Such notice must be delivered personally or mailed at least forty -eight (48) hours before the time of such meeting. The call and notice shall specify the time and place of the meeting and the business to be transacted. Business other than as specified in said notice may be considered at such special meeting only upon consent of a quorum of those members present. All meetings of the Board shall be open to the public subject to established exceptions under the Brown Act. The Board shall instruct its Secretary to keep full and complete minutes of all meetings which shall be public documents and available for inspection -4- �� '"' ..." 'u =.r ,ypy�,y��.- s7�"`f'• ' FFs 1. � Ly ,y �( `<- r.•„r",t: - '%r�;+,• �,,: .- q- ;r�' -' �;;,"�.}•� „�"'�'�s. '. y�MO•,Y. �� n.. lQ'-`. "Ml^'f `"1.r. •k `Y .✓� ;; ,SS'.!',,: �'.' }R✓'i"V w'I.�� Mf .�/�Fw',",S�rr�'�'w ,•i',%... ~: • J'�a.:� j��•'�: ems` w~..'.• Y`�� in the office of the Secretary at all times. Each member shall receive such compensation for his services as shall be determined and paid by the - contracting agency appointing him. The Fund shall not compensate any Board member. No business may be.transacted without the quorum.of the members of the Board being present.... A quorum shall consist of four or more members. If a quorum but less'than six members are present, four (4) votes shall be required to either affirm or reject any action. In the absence of sufficient votes to act on any matter, it shall be deemed tabled.. The Board shall adopt., appropriate rules, not inconsistent herewith, for the orderly transaction of its business. VI. BOARD OFFICERS AND EMPLOYEES The Board shall elect one of its members as Chairperson and one as Vice Chairperson. The Chairperson shall preside at meetings and in his absence the Vice Chairperson shall preside. The term Of office of the Chairperson shall be as is.determined by the Board from time to time. The Board shall appoint a Secretary. who shall be responsible for the preparation of minutes and custody of the records of the Fund. The Board shall appoint a Treasurer, who shall be, until otherwise determined by the Board, the person who shall from time to time, be acting as the Treasurer of the City of San Luis Obispo. The Treasurer.shall also perform the functions of auditor and controller and shall have the duties specified in Section 6505.5 of the Government Code. The Treasurer shall furnish.a corporate surety bond in a minimum.amount of $100,000 conditioned upon the faithful performance of the duties herein prescribed. The amount of bond shall be determined from time to time by the Board. Any premiums for such bond shall be a proper charge against the Fund. The Secretary and-the Treasurer need not be.Board members. -5- .w :-• R�"'.r `"tl�:....Aw..` '`S�•ti: :'�'w`�F: , F. <5 r�'''>'.^� ° 64d,::* .r�4.�y4�l.ci'�',.�,�+°:v'�^"i, �°,;''�'••M6�i?""�i'�+A.,y 4:;"� a,�'O@d'.E''^ac.:T}�" r- �, �y�C.F.�'+�`�Yv,!'f'.'2�l•�• o Ic VII. INVESTMENT OF FUNDS It is the intent of this section that insofar as is consistent with the best investment return, the Treasurer shall invest surplus cash to produce the highest return consistent with safety and sound investment practices. The Treasurer shall invest surplus cash in any evidence of indebtedness in which cities by law are permitted with first consideration given to investing such funds with the State of California Local Agency Investment Fund and in the event said State Fund does not provide the most favorable return, then such surplus cash shall be invested in accordance with that agency's.normal investment practice. VIII. TERM OF AGREEMENT The agreement shall be effective upon the execution hereof by the parties as attested by the signatures and dates of execution hereof and shall continue in effect until terminated as provided herein. IX. INITIAL DEPOSIT OF PREMIUM The Fund shall be established initially by the deposit of a sum of money by each agency party hereto determined in accordance with the following chart: TABLE A Annual Amount �• r Arroyo Grande $ 46,960 1Z $ Grover City 26,000 �0 3 Morro Bay 73,026 J� 1 Paso Robles 49,333 1 �, Pismo Beach 36,590 t. San Luis Obispo 216,830 The foregoing payment schedule for fiscal year 1977 -78 is based on actual premium payments made into the State of California Workmens' Compensation Fund by each of the agencies for the fiscal year ending June 30, 1977. The foregoing premiums will be adjusted for the fiscal year 1978 -79, pursuant to the formula set forth in this agreement; that is, adjustments will be made in accordance with standards used in the workers' compensation M-M a-+` iL` ��Si�" �r�' 9* 1► �i^`^ 4•.:' 4.. ,.+[9.Vjr„pY�rri;'/f^a!brr1."Y" Ufa. 1M."• yv';_ �- ^- i��''._�y'1- ,..r�*^r,,i,�e� °.. s��,��/•�'p��,.,n,/� � _ - /. �f.'S+fTC X,� .Y'��1{,.Y'-n"•.3.%.Aa �.r ,r Vim.! .�`�F,:A^� ^l`_+- insurance industry, such adjustments to be based on the annual amounts set forth above.. 25% of the premiums so determined shall be initially deposited with the Treasurer within 14 days of the effective date of this Agreement by each participating agency. The determination of actual premium due in the second fiscal year shall be made by the Board and shall be based on audited payroll.figizres for the fiscal year ending June 30, 1977. Thereafter, quarterly payments equal to 25% of the premium determined by the Board shall be due on July 1, October 1,.January 1 and April l each year. Following the close of the fiscal year additional premium may be required or premium credit given based on actual audited payroll figures of each agency. Expenses of operating the fund.and of securing excess insurance shall be based on the.annual prorated contribution of each member agency. The Treasurer will open an initial account on behalf of the Fund for the temporary custody of these funds in a bank in which -the City of San Luis Obispo normally deposits its funds.. Within 120 days, however, the Treasurer shall comply with the investment policy in- Section VII of this Agreement, X. LIABILITY OF AGENCIES. Participants.in the fund.shall be protected.from catastrophic losses by excess insurance of at least $5,000,000 and from losses in excess of $100,000 per occurrence. In the event a retention for losses of $100,000 per occurrence is not available, the Board is to secure a retention as close to $100,000 as.is available and is to advise participating agencies.of retention obtained. The Board shall have no power or authority to incur any obligation on the part of.or.chargable to participating agencies in .excess of the requirements for contribution to the -Fund as specified herein.. Nor. shall any participating agency be obligated in any manner to contribute money.to the. Fund in.excess of the respective contribution as set forth herein, except that the member agencies may be assessed, with the concurrence of 50% plus one of the governing -7- nr�;,� ' ,_ �o�� T4 . •...+•'r•. ' J � '., . - ' 1y �,•. - ^1�yrf�- �!_'y„ti' 9 .e "° .� r� ' -s. "y'„ b t J. +�-" �A �,�,,, a�.�_�- ., �- ��:. -;.�. �`'^'T ,:, +..�. ..+l.d.tu -. �.:�•rY' '°.,r �'d^a. +�Fj�A�i. +�'�.�' "+ Y^. ,.,t Y'7'..:i' �`°�. ��.,,,,�•"iM✓+a "�L��'id'T+�.r,�'!e• iitY��.y,, ,yh,.� j5�a'�.�', bodies of the member agencies, in proportion to their respective pro rata annual contribution in effect in the year of such deficiency in the event losses exceed all available funds. In the event that total annual losses of any agency when combined with its pro rata share of all costs and expenses of the fund exceed the annual contribution of such agency, such agency agrees to repay the amount of such excess costs to Fund. Said repayment of excess costs is to be paid within thirty days of the date of notice from the Fund unless the amount of such annual expenses exceeds $25,000, in which event repayment will occur at the rate of 20% per year. IX. EXTENSION OF AGREEMENT The provisions of this agreement may be extended to incorporate "pooling" or other forms of insurance, including fire insurance and liability insurance, under such conditions as are stated in an appropriate addendum to this agreement, provided each agency participating herein consents in writing to such increased or additional purpose and power. XII. TERMINATION Any City desiring to enter or leave the Fund shall so indicate by official City Council action to the Board of Directors of*the Fund by May lst of the preceding fiscal year. If said notice is given, that City's participation in the Fund shall terminate at the end of the fiscal year in which notice is given. Provided, however, that for the purpose of determining a proper distribution of assets to a terminating member, no distribution shall be made until all outstanding claims by employees of the withdrawing City are settled or appropriate reserves established and all obligations to all claimants are met or appropriate veserves established. Notwithstanding distribution of funds, each participating agency understands and agrees that it remains liable for claims against the Fund during its participation in the Fund up to and including the last day'of the fiscal year in which the requisite notice and WE s '� h iT�Y�l�.�'��_�y.�ir� �+�.•, �NY. .rte �1 ��TF��w�'y'�K�.JS.: {':'�. 4`.. .�.�.. A ✓ �`Nf..M -'y� .•��.... c�eP v/ y�`°4. �i. �t{.", y�,, � .�.�ti4�',�?v�,....o-�. ;- n.. »'�;. '^i.'i•Pa .e„�u.r,� ,�aC:'`(.:�� =-r•� t�+ l<."! C1�: �+' r_ t. J''��yy`.,'°''tt''Y./�, "LYi•',� �t= j,..�~'�"��Ju.'E'.��•:M�..; o withdrawal from the Fund occurs. In the event additional funds are required for this purpose, the Board may declare and collect the premiums necessary from the terminating agency. After all obligations to claimants are met and the Board determines that a refund of premium is properly due to a terminated agency, the Board may determine and make such refund. All refunds shall be made in proportion to each agency's cumulative proportionate contribution to the Fund. In the event a majority of the agencies participating desire to terminate this agreement and notice is given as provided above, this agreement shall terminate at the end of the fiscal year during which such notice is given. Provided, however, that the Fund will continue to exist until all outstanding claims are settled and obligations to claimants met. In the event additional funds are required for this purpose, the Board may declare and collect the premiums necessary. In the event surplus funds exist after all obligations of the Fund are met, the assets shall be distributed on an equitable basis as the Board may determine. All refunds shall be made in proportion to each agency's cumulative proportionate contribution to the fund. In the event the.Board is unable to reach agreement on distribution of assets, a petition requesting resolution of the dispute shall be filed by the Board with the San Luis Obispo County Superior Court. XIII. REPORTS The Board shall prepare or cause to be prepared an annual report which shall be a certified audit of all receipts and disbursements from the previous year together with an inventory of all material owned by the Fund within -90 days of the close of the fiscal year. A copy of this report shall be delivered to each of the member public agencies. The annual report shall include cumulative contributions by each agency and cumulative claims paid and pending against each agency. The annual report . r,a .av` w:r�'` ,,,,°- •a, !•�-,�� ..'.- .a�,. -,,.. tck.�v"�";p.:'"r,- a:,"A1T,�: "'' �•e"• �y; -��, ',L:'S^p�� t '�. 3:�^ '1 r*..t�:� -�., ..- ,.y,' -r; ".. -'�.vc -� wY ^w ��.+ari M.; 4.. rr' 'T✓� v.l.. Y.I.`{ ;J'� 11�/S✓ . �wMi'yta'Yr..! .aT.aat�t'k mil. pes'�` 4A`.a+r�Y#�+ �:{1�K��?Elt` w� ��d;� r' !C: .�'tiy 4 shall include safety recommendations_ by the consulting agency to each of.the participating agencies including dates of compliance. with such recommendations. In 'addition to the annual report, the Board shall provide to each participating agency a quarterly report which shall include as a minimum a statement as to financial condition and status report as to claims against the Fund as well as any additional information needed to keep the member agencies fully apprised of activities of the.Board. IV. PAYMENT OF DEMANDS Demands against the Fund-shall be approved by a.majority vote of the Board. The Treasurer shall make disbursements only upon receipt of written direction signed.by the Chairperson of the Board indicating that the Board has approved such payment. XV. COMPLIANCE WITH SAFETY PROVISIONS Each of the member agencies agrees to cooperate fully with the risk management firm employed by the Fund and each of the agencies agrees to permit representatives of the. risk.management firm to inspect working condit:�ons and agrees to supply requested information relevant to good safety practices. Each participating agency agrees to maintain membership in the fund for not less than two years. Each participating agency .agrees to promptly comply with safety recommendations and will endeavor to maintain minimum loss experience. In the.event that the loss experience of a participating agency is excessively high or if.such agency fails to promply comply with.safety recommenda- tions after having been afforded reasonable opportunity to do so, . a majority of the member agencies may vote to exclude such member effective as of the close of the fiscal year: XVI. FILING WITH SECRETARY OF STATE The Secretary of the Board shall file a copy of this agreement with the office.of the California Secretary.of State within -10 �.�.'t'V' a� _ %�'`,.. ;•r .y`". . :�`1! �/ �r,.4 'd �j.le�' i. ,r ra.y,(' vw /�,, wr ..r't. c+�tir',FJ S�• ".. �e� PQv rt,,1:'J" •N � .ra 1,w5: •�`- .� Y • thirty days of its execution as required by Government Code Section 6503.5. XVII. AMENDMENT This Agreement may be amended from time to time with the consent of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this agreement by their officers. DATED: CITY OF ARROYO GRANDE 0 CITY OF MORRO BAY By CITY OF PISMO BEACH 5 CITY OF GROVER CITY ¢M- CITY OF PASO ROBLES 0 CITY OF SAN LUIS OBISPO B ayor 1 ATTEST: City Clerk Approved as o form: WENDT, MITCHELL, SINSHEIMER, e la MOTTE & LILLEY City Attorn By Allen Grimes Approved as to content: City ministrative fficer -11- w'y�Y�.•'• i •. K� �...ti +�,.��Mav� �.�r�^. .ti d^y,� �.��q .w ".�.� J'�D !n, ^d ^'o �Y�,!• `Y: 'i•r,• _ ..��s :�.✓ ... �'',T ..r,�J�;v,._'.^.. �_ f A•; P� °�,w•.1',r�'„Y.nn°�F.I�h, -�M�. '1�aN'�;�j'�: .ii ..:��w.��'' d�✓+f6 a��C�.�'��wFy RESOLUTION NO. 3335 (1977 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 AUTHORI- ZING 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 October 1, 1976, through September 30, 1978, 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 Petterson ,seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Gurnee, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June, 1977. ATTEST: C erc J.H. Fitzpatrick Approved as to form: DAVIS, WENDT, M TELL &' SINSHEIMER, Cit Attorney By Allen Grimes Approved as to content: • City Administrative ficer • CETA WORK SITE AGREEMENT (Comprehensive Employment and Training Act of 1973) This Agreement is made and entered into this day of 1977, in.the City of San Luis Obispo California, 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 "). WITNESSETH: 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 October 1, 1977, through and including September.30, 1978, 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. Workers 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 specified number of. participants or job categories set during the term of this Agreement. 11. This Agreement covers all participants enrolled in a work experience 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 5th working 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 participants 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 or 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. c 18. Employment of any individual or individuals under this Agreement may be terminated by Grantee at any time at Grantee's sole discretion. 19. This Agreement may be cancelled by either party.in their sold 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. OFFICE GRANTEE Signature ,gnature Howard Mankins Kenneth E. Schwartz Chairman of the Board of Supervisors Mayor -of the City of 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 Telephoner (805) 541 -1000 APPROVED AS, TO _FORM AND ATTEST: LEGAL EFFECT 1977 'perk ROBERT N. TAIT Approved as to form: District Attorney WENDT, MITCHELLt.S NSHEIMER, DE LA MOTTE San Luis Obispo County City Attorney AND LILLEY By: By: Deputy District Attorney Allen Grimes Approved as to content: Administrative Off, 4Financei for Personnel DirectO 0 . Q o EXHIBIT "A" ASSURANCES A. The Grantee assures that: I. It 'will comply with the requirements of CETA and with the regulations and policies promulgated thereunder; and 2. No person with responsibilities in the operation of any Program under this Agreement shall discriminate with respect to any Program client or any applicant for participation in such Program because of race, creed, color, national origin, sex, political affili- ation or beliefs; and 3. It will comply with the provisions of the [latch Act, if appli- cable, which limits the political candidacy of employees; and 4. The Program under CETA does not involve political candidacy of employees; and i 5. Services and activities provided under this Agreement will be administered by and under the supervision of the Grantee; and 6. Appropriate standards for health and safety in work and tr�in- ing situations will be maintained; and 7. Conditions of employment or training are appropriate and rea- sonable with regard -to the type of work, the geographical region and the proficiency of the applicant; and 8. Training and related services will, to the maximum extent prac- ticable, be consistent with every individual's fullest capabilities and ** o lead to employment opportunities which wil1.enable participants to become economically self - sufficient; and 9. The Program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual parti- cipants; provided that it is expressly understood that there are no assurances of continued employment. 0 RESOLUTION NO. 3334 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING HERITAGE TREES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The following are hereby designated as Heritage Trees in accordance with Municipal Code Sections 4300.2(b) and 4300.7(f):. Heritage Tree No. 2 - Two Coast Redwood Trees at the Dallidet Adobe; No. 3 - The lemon tree at the Myron Angel Home; and No. 4 - The California Holly at 1556 Monterey Street. Section 2. The City Clerk is instructed to provide appropriate notice to:the owners of said properties as to the.designation of Heritage Trees. On motion of Councilman Petterson , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Jorgensen, Gurnee and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed ATTEST: Clerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY/ City Attorney en this 7th day of June Kenneth E. Schw Approved as to content: City Administrative Of r Public Services Dire for 1977. �-xESOLUTION NO. 3333 (1977 Series'p A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE PARCEL MAP 77 -118 LOCATED AT 3000 AUGUSTA AND 3007 JOHNSON AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: (A) That the Council, after consideration of the Tentative Parcel Map_77 -118 and the Planning Commission staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development permitted by the R -0, R -3 and R -1 zones. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of, proposed subdivision. (B) That the approval of the Tentative_Parcel Map 77- 118..be subject.to the - following condition: 1. All new lot corners shall be staked by a registered civil engineer or licensed . surveyor. On motion of Councilman Petterson ,seconded by Councilman Dunin , and on the following roll call vote: - AYES: Councilmen Petterson, Dunin, Gurnee, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted ATTEST: City J.H. 'Fitzpatrick Approved as to form: Wendt, Mitchell, S nsheimer, de la Motte & Lill City Attorney 111, By: Allen Grimes is 7th day of June 1977. Kenneth E. Schwartz Approved as to content: ITJTION PTO. 3332 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO GRANT APPROVAL OF TENTATIVE PARCEL MAP NO. 76 -254, LOCATED AT 1300 SOUTHWOOD AND 1425 WOODSIDE DRIVE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: (A) That the Council, after consideration of the tentative parcel map;No. 76 -254 and the Planning Commission staff recommendations and reports thereon, makes the following findings: `.J. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development permitted by the R -0 zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. (B) That the approval of the.tentative parcel map for Minor Sub. 76 -254 be subject to the following conditions: 1. All new lot corners shall be staked by a registered civil eneineer or licensed surveyor. 2. New utilities to parcel B shall be underground. 3. Subdivider shall install street trees along Southwood Drive and Woodside Drive to the approval of the Public Services Department. 4. Subdivider shall dedicate and improve cul- de- sac at north end of Woodside Drive. Said improvements�s. -consist of curb,,gutter,,si.dewalk, driveway ramps, and paving, all to the approval of the City Engineer. 5. Subdivider shall relocate required off - street parking from parcel B to parcel A- parking shall be improved to city standards and shall consist of a minimum of 54 spaces. 6. Subdivider shall pay parkin -lieu fees in the amount of $150.00. 7. Subdivider shall pay water frontage and connection fees at the time parcel B is further developed. 8: Property line between parcel A and parcel B at the north property line of both parcels shall be relocated westerly to the approval of the City Engineer to allow for more of the existing retaining wall improvements to be a .part of parcel A. On motion of Councilman Petterson seconded,by Councilman Dunin and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Gurnee, Jorgensen and Mayor Schwartz NOES; None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June 1977. Council Resolution No. 2 Rage 2 C MS No. 76-284 ATTEST-: t ci -hH-Fitzpatrick Approved as to. form: Wendt, Mitchell; Sinsh i er, de la Motte & Lilley City Attorney IL m Approved as to content: City RESOLUTION NO. 3331,,- (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RELOCATING A BUS LOADING ZONE ON OSOS STREET.. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The bus loading zone on the Westerly side of Osos Street between Marsh and Higuera Streets is hereby rescinded and a new bus loading zone is hereby established as follows: on the Westerly side of Osos Street commencing 15 feet Southerly of the Southerly property line of Higuera Street and extending 40 feet Southerly. On motion of Councilman Petterson _ seconded by Councilman Dunin and on the following roll call vote.: AYES: Councilmen Petterson, Dunin, Gurnee, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June , 1977. ATTEST: -Cl erk J.H. Fitzpatrick Approved. as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLn City Attorney /) Approved as'to content: City Administrative Officer By Allen Grimes Public Services Director T1L+D. V-F 7'7/'77 EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO ROBERT (ROB) STRONG FOR HIS SERVICE TO THE CITY AND ITS CITIZENS. WHEREAS, Robert (Rob) Strong was appointed as Planning Director for this City in 1974; and WHEREAS, in his capacity as Planning Director and as Director of Community Development, Rob has recruited and developed a staff of.capable professional planners I for this City; and i WHEREAS, under Rob's leadership,-the Community Development Department has made a.valuable contribution to the future of San. Luis Obispo through the difficult . task of developing a comprehensive General Plan; and WHEREAS,:implementation of the General Plan and its related elements has involved development of new regulatory systems such as environmental impact procedures, I subdivision and zoning ordinances, sign ordinance and grading regulations which Rob has been instrumental in preparing; and WHEREAS, Rob is a true professional who has met the many challenges associated with his assigned duties. NOW, THEREFORE, BE IT RESOLVED that this Council wishes to express its gratitude to Rob Strong for the service he has performed and the contributions he has made. On motion of Councilman Petterson, seconded by Councilman Dunin, and on the following roll call vote: AYES: Councilmen.Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June, 1977. J Fitzpatrick, City Clerk RESOLUTION NO. 3329 (1977 SeAiu ) EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO ASSISTANT INSPECTOR FRANK E. PERRY FOR HIS LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS. WHEREAS, Frank E. PeAAy ha6 had a tong and distinguished caAeeA in the San Lu.i6 Obi6po Wateh Department, totaEi.ng oven 20 yean6, white he Jilted .incn.eazingty Aezponz.ib.Ee poz.iti.onz a6 Zabonen- equipment operatoA, equ.ipment- openator boneman, maintenance .2eadman, and azz-i6tant -i:nspeaton; and - WHEREAS, Frank Penny ha6 brought to each ob theze dut.iez a high degree ob zkitt, toyatty, and dedication; and WHEREAS, FAank'z app.Pication to h.i,6 duti,ez have 6elrved az an example to his be.Mw emptoyee6; and WHEREAS, time and a zone back have combined to accomptish what no co ntraatoA, pro j eat on job could do; and WHEREAS, Frank and hdz back now wilt have an opportunity to enjoy a much de6enved neat. NOW, THEREFORE, BE IT RESOLVED that this City Councit wizhez to exprezz -its gratitude and appneaiatc;on to Azzi.6tant Inspector Frank E. Peivcy bon the zenv.ice he ha6 perbonmed and the example he has zet boA his bet ow emptoyee6. On motion ob CounciZman Pettenbon, zeconded by CounaiPman Dunin, and on the bottowii Lott cat t vo e: AYES: Cou.nai2men Dunin, GuAnee, Jongenzen, Pettexson and Mayon Schwartz NOES: None ABSENT: None the bonego.ing Resotuti.on uxv pa6zed and adopted this 7th day ob June, 1977. H. F.itzpa tick, City C.2erk RESOLUTION N0. 3328 (1977 Series) CIVY Of SOU'l WIS OBIS o p EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO WILLIAM E. (BILL) FLORY FOR HIS LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS. WHEREAS, William E. (Bill) Flory has had a long career with the San Luis Obispo Parks & Recreation Department, spanning twenty -one and a half years; and WHEREAS, since his appointment in October 1955, Bill Flory has done a commendable job as Superintendent of Parks and Recreation, and later as Director of Parks $ Recreation; and WHEREAS, Bill has sold himself to the community and is highly respected by parents and youngsters alike; and WHEREAS, Bill has developed with the expanding scope of his job and has constantly striven to improve himself and his department; and WHEREAS, while associated with the Parks $ Recreation Department, Bill has participated in such projects as: development of Santa Rosa Park; master planning of Sinsheimer Park and development of its initial phases, including baseball stadium and tennis courts; acquisition and development of Meadow Park and its community center; creation of a Senior Citizens' Center at Mitchell Park; development of neighborhood parks in cooperation with the School District; operation of Laguna Lake Municipal Golf Course; development of several phases of Laguna Lake Park; development of Mission Plaza; initiation and expansion of a street tree program; and many other projects for the benefit of his community. NOW, THEREFORE, BE IT RESOLVED that this Council wishes to express its gratitude to Bill Flory for the service he has performed and the contributions he has made. On motion of Councilman Petterson; seconded by Councilman Dunin, and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June, 1977. J. Fitzpatrick, City Clerk Kenneth E. Schwartz, Mayor EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO HEAVY EQUIPMENT OPERATOR LENTS SANTOS FOR HIS LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS. WHEREAS, Lewi6. Santo6 ha6 had a .tong and di,6tingu.i6hed career with the San Luis Ob.izpo Street Depattment, totating gtmost 31 yewL6, having ztahted in August 1946, and encompazz ing a number ob pos.ftionz within the StAeet Department; and WHEREAS, Lewis SantW wank habitz, appti.cat.i,on, and Zoyatty to the City hay been a .inspi ation to many empZoyees who !Lave worked with him and attempted-to keep up with W puduct.ive hate; and WHEREAS, Lewis Santos neceived a citation &%om the mayoh son exemptaxy acti.on.dwu.ng the January 1.973 6tood when Lewi6 Santos .6aved a woman -and a .6maU boy; and WHEREAS, Lewi6 Santos has worn out the Za6t o5 many shovet-6 entrusted to hi cane, and has received thi6 worn out shovel with the appnec.i.ation of the City and o4 Gus 6e2Pow emp.boyee6; and WHEREAS, Lewis Santos may wish to utiti:ze thi6 shgve2 Jot work in h�6 own garden, at astower pace. NUUI, THEREFORE, BE IT RESOLVED that thi6 City Counc-U wisheb to exphezz its gratitude and appreciation to Heavy Equipment Operator Lewi.6 Santos 6or the service he haz pets onmed and the example he has set these many years. On motion o5 Councilman Petter6on, .6:econded by Councitman. Du.nin, and on the boUowing rott ca.2l vote: AYES: Councitmen Dunin, Gurnee, Jorgensen, Pettex6on and Mayon Schm.Atz NOES: None ABSENT: None the borego.ing Re6otuiion was passed and adopted thin 7th day o5 June, 1977. J _ FO zpatvri.ck, City Ctehk Pf J � 7 J RESOLUTION NO. 3326 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE COUNTY -WIDE SOLID WASTE MANAGE- MENT PLAN. WHEREAS, pursuant to the Nejedly- Z'berg Dills Solid Waste Management and Resource Recovery Act of 1972, the County of San Luis Obispo has prepared a county -wide solid waste management plan (hereafter referred to as "The Plan "); and WHEREAS, the City Council has review said Plan; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1.. The Council hereby approves The Plan including: (a) the objectives; (b) the method and organization for implementation of the programs (c) the procedures for financing the programs; and (d) the role identified in The Plan for the City in implementing it. Section 2. The Division of Environmental Health of the Department of Public-Health is designated -as- the enforcement agency for The Plan within the City. The enforcement agency shall not have enforcement responsibility for any facility or operation for which it also has operational responsibility. Section 3. The City Clerk is directed to furnish copies of this Resolution to the Clerk of the Board of Supervisors and the County Department of Public Healthy Attn: Tim Mazzacano, Director, Division of Environmental Health. Resolution No. 3326 (1977 Series) On motion of Mayor Schwartz seconded by Councilman Gurnee , and on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June , 1977. ATTEST: Ci .H. Fitzpatricc Approved as to form: WENDT, MITCHELL, SINSHE de la MOTTE $ LILLEY City Attorney By Allen Grimes t Approved as to content: City Administrative fficer RESOLUTION NO. 3325 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR TRACTS 603 AND 608. WHEREAS, the Council held a public hearing on the recommendation of the Planning Commission to adopt final environmental impact report (EIR) for Tracts 603 and 608, located north of Descanso Avenue in the 700 -800 block of Los Osos Valley Road, Cuesta Associates, applicant, at 8:00 p.m. on Tuesday, June 7, 1977, and considered evidence both oral and written; NOW, THEREFORE, the Council finds that: Section 1. The above described EIR has been completed in compliance with the California Environmental Quality Act and the State Environmental Impact Report Guidelines. Section 2. That the project environmental impact report identifies certain measures to mitigate adverse impacts which have been incorporated into the project design. On motion of Councilman Dunin, seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of June, 1977. ATTEST: C1 J.H. Fitzpatrick Kenneth E. R 3225 n n Council Resolution No. 3225 Page 2 Tract 603 & 608 Approved as to form: . Wendt, Mitchell, Sinsheimer, de la Motte & Lilley City Attorney By: Allen Grimes Approved as to content: Cit-•; Engineer RESOLUTION NO. .3324 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT.BETWEEN THE CITY AND THE CALIFORNIA CONSERVATION CORPS. BE IT RESOLVED by the Council of,the City, of San Luis Obispo as follows: Section l.. That:certain agreement da.ted�May 18, 1977, between the City of San Luis Obispo and the California Conservation Co I rp!p�..for execution of 'various projects within the City is hereby approved. The Mayor is authorized to execute said agreement on behalf of the-City-. Section 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to; the Public Services Department,Ethe Finance Director, and California Conservation Corps 1530 Capitol Avenue Sacramento, CA 95814 On motion of Councilman Petterson seconded by CouncihTian Dunin- and on the following roll call vote: -AYES: Councilmen Dunin, Petterson. and.Mayor Schwartz. NOES: None ABSENT: Councilmen Gurnee and Jorgensen the foregoing Resolution was pa I ssed and. adopted this 23rd day of bl4y 1 1977. ATTEST: Mayor R 3324 C Resolution 210. 3324 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorne By Allen Grimes 7) (1977 Series) Approved as to content: City c inistrati Officer Public Services Director inan NLrectc STATE OF CALIFORNIA THE RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS CONTRACT between STATE OF CALIFORNIA and The State.of California, acting by and through the California Conservation Corps ( "CCC ") and the City of San Luis Obispo ( "Sponsor ") hereby agree as follows: SECTION 1. INCORPORATION OF STANDARD TERMS AND CONDITIONS, and PROJECT DESCRIPTION This contract includes Exhibit A, Standard Terms, and Conditions dated May 18, 1977 , and Exhibit B, Project Description. SECTION 2. TERM OF CONTRACT Subject to the provisions for earlier termination, this contract shall remain in effect until Article A -2(a) has been satisfied. Attest: y e rk. Ti of San Luis Obispo STATE OF CALIFORNIA California Conservation Corps By. Director 1530 Capitol Avenue A gcramento, CA Title Mayor, City of San Luis Obispo i STATE OF CALIFORNIA THE RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS CONTRACT between STATE OF CALIFORNIA and The State.of California, acting by and through the California Conservation Corps ( "CCC ") and the City of San Luis Obispo ( "Sponsor ") hereby agree as follows: SECTION 1. INCORPORATION OF STANDARD TERMS AND CONDITIONS, and PROJECT DESCRIPTION This contract includes Exhibit A, Standard Terms, and Conditions dated May 18, 1977 , and Exhibit B, Project Description. SECTION 2. TERM OF CONTRACT Subject to the provisions for earlier termination, this contract shall remain in effect until Article A -2(a) has been satisfied. Attest: y e rk. Ti of San Luis Obispo STATE OF CALIFORNIA California Conservation Corps By. Director 1530 Capitol Avenue A gcramento, CA Title Mayor, City of San Luis Obispo . C Approved as to form:' WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes Approved as to.content: City. Administra e Officer Public Services Director Finance ctor C' EXHIBIT A STATE OF CALIFORNIA THE RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS. PROJECT CONTRACT STA14DARD CONDITIONS ARTICLE A -1. D:FINITIONS Whenever in this Contract the following terms are used their meanings shall be as follows unless the context clearly requires otherwise: (a) Contract means the contract to which these Project Contract Standard Conditions are appended. (b) Dav means calendar days unless otherwise expressly indicated. (c) Month means calendar month,unless otherwise expressly indicated. (d) Notice of Completion means a written notice to the Sponsor from the Director of the CCC or his or her authorized representative. that the project has been completed. Upon trans- mitt . al of said notice, the CCC will be relieved of any and all duty of maintaining and.protecting the work as a whole and will not be required to perform any further work thereon and shall be-relieved of all responsibility for injury to persons or property or damages to the work. (e) Project means all work, facilities, construction, improvement, or rehabilitation of the Project as described in Exhibit B and all or part of the plans and specifications.of the project submitted by the Sponsor and approved by the,CCC.and- all addenda and changes to the foregoing documents approved by the CCC. C C (f) Project Costs means those supervision, equipment, materials, supplies, and .any other costs which are reasonable in amount and which are necessarily incurred by the Sponsor.for the purposes of completing the project. (g) Reimbursement means any sum of monies due and owing the CCC as determined pursuant to Article A -5 Reimbursement. (h) Sponsor means the public or private agency contract- ing with the CCC for the project. (i) Total Project Costs means the sum of the project costs and the costs incurred by the CCC in completing the project, as determined pursuant to Article A -5 Reimbursement. (j) Year means calendar year unless otherwise expressly indicated. ARTICLE A -2. TERM OF CONTRACT (a) Subject to the provisions for prior termination, this contract shall become effective on the date of its execution and shall remain in effect until the project is completed, and the reimbursement, if any, and all.interest thereon, and any other sums of money due and owing to the CCC are paid in full. Under no circumstances will this contract remain in effect after January 1, 1981. (b) This contract,may be extended, amended or cancelled in writing upon mutual agreement of all parties. ARTICLE A -3. BASIC CONDITIONS PRECEDENT The CCC shall have no obligation to commence work under the contract unless and until: (a) The time has passed within which any action or proceeding may be maintained to attack the decision to construct the project on the grounds of noncompliance with Public Resources Code Sections 21000 et. seq., and Division 6,, Title.14, -6f the California Administrative Code and no such action or proceeding is pending. (b) The Sponsor demonstrates the availability of sufficient funds, supplies, equipment and persons to complete the project. (c) The Sponsor has the approvals and permits required by any other state, federal, or local agency necessary to commence construction or operation of the project. ARTICLE A -4. NOTICE OF COMPLETION Upon the transmittal of a written notice to the sponsor by the Director of,CCC or his or her authorized representative, that the project has been completed, the CCC will be relieved of any and all duty of maintaining and.protecting the work as a whole and will not be required to perform any further work thereon and shall be relieved of all responsibility for injury to persons or. property or damages to the work. ARTICLE A =5, REIMBURSEMENT (a) .Statement of Project Costs Upon the completion of the project by the CCC, the Director of the CCC or his or her authorized representative shall transmit a Notice of Completion to the Sponsor. The Sponsor shall submit within thirty (30) days C, O of receipt of such notice a detailed statement or statements of costs incurred for completion of the project costs. The statement shall contain the following information: (1) A statement of the costs of direct supervision, materials and equipment used or performed in completing the project. (2) A statement of other costs which have been in- curred for the project during the period identified in the particular statement, including but not limited to, housing, food, and transportation associated with construction of the project. (b) Reimbursement The CCC shall calculate the Reimbursement as follows: Those project costs approved by the CCC as reasonable in amount and necessarily and properly incurred for construction of the. project shall be added to the costs incurred by the CCC in completing the project to determine the total project cost. The CCC costs.shall'be calculated at thirty -four (34) dollars per corpsmember per day (for those corpsmembers working at the project site). Cost under this Contract are not computed in accordance with Section 8760.2 of the State Administrative Manual. In the event that the project cost to Sponsor approved by the CCC is greater than twenty (20) percent. of the total project costs,' no reimbursement shall be required. In the event that the approved project cost is less than 20 percent of the total project costs, the reimbursement shall be the difference between the project cost and 20 percent of the total project. C� (c) Final Statement Within thirty (30).days after the' Sponsor submits a statement to the CCC in accordance with the provisions set forth herein, the CCC shall submit a final statement to the Sponsor of any reimbursement due and owing the CCC. (d) Final Payment Within thirty (30) days after the final statement is transmitted.to the Sponsor, the Sponsor shall pay the CCC any reimbursements due and owing the CCC. (e) Delinquency in Payment (1) The Sponsor shall provide for the punctual payment.to the CCC of any reimbursement which becomes due, under this contract. (2) Upon every reimbursement required to be paid by the Sponsor to the CCC pursuant to this contract which remains unpaid 30 days after it becomes due and payable, interest shall accrue at the rate of one -half (1/2) of one (1) percent Per month of the amount of such delinquent payment from and after such date until it is paid, and the Sponsor hereby agrees to pay such interest. (f:) Contested Statements In the event that either party in good faith contest the accuracy of any statement submitted to it pursuant to this Article, it shall give notice to the other party at least ten (10) days prior to the day upon which payment of the stated amount is due. To the extent that the CCC finds the Sponsor's contentions. regarding the statement to be correct, . it shall revise the statement accordingly, and the Sponsor shall make payment of the revised amount on or before the due date. To the extent that the CCC does not find the Sponsor's contentions to be correct or where time is not available for a review of such contentions prior to the due date, the Sponsor shall make payment of the stated amounts on or . before the due date, but may make the contested part of such pay- ment under protest and seek to recover the amount thereof from the CCC. ARTICLE A -6. LEGAL RELATIONS AND RESPONSIBILITIEES . (a), It is understood and agreed that neither the State., CCC nor any officer or employee thereof is responsible for any damage or. liability occurring by reason of anything done or omitted to 'be done.by the Sponsor under or in connection with any work, . authority or jurisdiction delegated to the Sponsor under this contract.. It is also understood and agreed that pursuant to Gov. Code 895.4 the Sponsor shall fully indemnify and hold State harm- less from any damages or liability occurring by reason of anything done or admitted to be done by Sponsor under or in connection.with any work, authority or jurisdiction delegated to the'Sponsor or material or equipment furnished by the Sponsor under this contract. (b) The duty of either party to indemnify and save harmless, as set forth herein,.shall include the duty to defend, as set forth in Section 2778 of the Civil Code., provided, however, that nothing herein shall be construed to require either party to indemnify the other against any responsibility or liability in contravention of Section 2782 of the Civil Code. :ARTICLE A -7. AM NDMENTS I. This contract may be amended in writing at any time by mutual agreement of the parties. ARTICLE A -8. ASSIGNMENT No assignment or transfer.of this contract, or any part hereof, rights hereunder, or interest herein by the Sponsor shall be valid unless and until it is approved by the CCC and made sub- ject to such reasonable terms and conditions as the CCC may impose. ARTICLE A -9. MAINTENANCE AND INSPECTION OF BOOKS, RECORDS, AND REPORTS During .regular office hours, each of the parties hereto and their duly authorized representatives shall have the right-to inspect and make copies of any books, records, or reports of the other party pertaining to this agreement or matters related hereto. Each of the parties hereto .shall maintain and make available for such inspection accurate records of all of its costs,,:disbursements and receipts with respect to its activities under this contract. ARTICLE A -10.. NONDISCRIMINATION PROVISION All contract documents between the parties and any and all contractors relating to the construction or operation of the project shall contain a clause to the effect that there shall be no discrimination against any employee who is employed in the work covered by such contract or against any applicant f'or such employ- ment because of race, religion, sex, color,.ancestry,. age, physical C�. handicap, or national origin and that such provisions shall include but not be limited to the following: employment, upgrading, demotion or transfer,.recruitment or recruitment.advertising, lay- off or termination, rates of pay.or other forms of compensation and selection.for training including apprenticeship. ARTICLE A -11. NOTICES (a) All notices that are require.d..either.expressly or by implication to be.given by one party to the other under this contract shall be signed for the State by its contracting officer and for the Sponsor by such officers as it nay, from time to time,_ authorize in writing to so act. All such notices shall be deemed to have been given if delivered personally or if enclosed in a properly addressed postage - prepaid envelope and deposited in a . United States Post Office for delivery by registered or certified mail. (b) Notices shall be sent to the address shown on the contract. A change of address for delivery of notice must be made by either party by written notice of such change of address to the other party. ARTICLE A -12. OPINIONS AND DETERI°IINATIONS Where the terms of this agreement provide for action to be based upon the opinion, judgment, approval, review or deter mihation of either party hereto, such terms are not intended to be and shall not be construed.as permitting such opinions, judgments, approval, review or determination to be arbitrary, capricious or unreasonable. ARTICLE A -13. REMEDIES NOT EXCLUSIVE The use by either party of any remedy specified herein for the enforcement of this contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. ARTICLE A -14. SUCCESSORS AND ASSIGNS.OBLIGATED This contract and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. ARTICLE A -15. SUIT ON CONTRACT Each of the parties hereto may sue and be sued with respect to this contract. ARTICLE A -16. WAIVER OF RIGHTS Any waiver at any time by either party hereto of its rights with respect to a default or any other matter arising in connection with this contract, shall not be deemed to be a waiver with respect to any other default or matter. EXHIBIT B i PROJECT.DESCRIPTION Project.No. 675 - The project.will result in the relocation of play equipment from Mitchell Park to Meadow Park in.the City of San Luis Obispo. Corpsmembers will assist in setting equipment in concrete, some turf removal, installing a redwood header and putting walk on bark in place under the equipment and painting. The California Conservation Corps will provide crew supervision and an estimated 120 person hours of labor ard.transportation to and from the project site. The City of San Luis Obispo will provide the equipment, supplies, technical supervision, and other special requirements for the project. Proiect.No. 676 - The project will involve the planting of 150 . trees at Laguna Lake.Park in the City of San Luis Obispo. Corps- . members will assist in digging holes for the trees, mixing soil amendments, planting the trees, building .a berm for watering, and the first watering of the trees.,. The California Conservation Corps will provide crew supervision and an estimated 256 person hours of labor and transportation to and from the project site. The City of San Luis Obispo will provide the equipment, supplies, technical supervision, and other special requirements for the project. Each project described in Exhibit B will be undertaken at the mutual convenience of the CCC Center Manager and the Sponsor. RESOLUTION NO. 3323 (1977 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BET14EEN THE CITY AND C. R. MAINO AND JEANETTE GOULD MAINO AND V. J. MAINO AND BETTY MAINO 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 C. R. Maino and Jeanette Gould Maino, and V. J. Maino and Betty Maino-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 to- gether with a copy of the agreement approved by it to the City Engineer. On motion of Councilman Dunin seconded by Councilman Gurnee_ and on the .following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this '17th day of May , 1977. ATTEST: R 3323 - RESOLUTION NO. 3323 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney -2- e (1977 Series) Approved as to content: i City dministratfNg Officer "City ngineer WMITKWELL �JI i J Bo_/ y -2- e (1977 Series) Approved as to content: i City dministratfNg Officer "City ngineer RECORDING P$pUESTED ff City: DO NOT RECORD E crow company w 1 1.1 do this. s6 5 DEED AND. UNLESS OTH ,X STATEMENTS TO: nsportation spo, CA 93406 Escrow No. J SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED —2 The undersigned declares that the documentary transfer tax is 8_ ................................................................................ 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 realty is located in ❑ unincorporated area ❑ city of--- --- ------ --------------------------------------------------------° -- --- •--....................... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, C. R. MAINO and JEANETTE GOULD MAINO, husband and wife, and V. J. MAINO and BETTY MAINO, husband and wife. hereby GRANT (S) to 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 Z3 / STATE OF CALIFORNIA COUNTY OF _5 SS. On APRIL I -r &77 7_ before me, the under. signed, a Notary Public in and for said County and State, personally appeared V.J.,, 41'1t0, 13 M/ }lA%O 0–, , MR /A)0 -,=,4Ai•VCF GCVLb Ht4 //tk'knowntome to be the person S whose name-5 —ARIE subscribed to the within instrument and ac�rtowledged that ' b executed the same. A J_LJ."_�c`LQ.L4,6'_ Signature of Notary .rte ". •• J. Maino Betty aino R. Maino FOR NOTARY SEAL OR STAMP MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State L -1 (C S) (Rev 4 -75) Bpi Modesto n California i 95355 April 15. 19 77 C. R. MAINO, et al. rantor Dist. Cf jty P.M. R W.E.A., 05' . - S, / - -Cit o SLO. San a Rosa - 130509 re -. - - FAU M- Y394(1) RIGHT OF WAY CONTRACT - CITY STREET Document No. 180- 14, -1, -2 in the form of 'a GRANT DEED covering the property particularly described therein has been executed'and delivered to R. H. TARVIN , 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: l.. 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 $.48,381.45 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.publi_c or quasi- public utility or public street purposes, if any. APPROVED BY DISTRICT 5 Datedd(S/ =�/ �' 7 H. L. Bentzir.. r Deputy District Director nishtt of Way 9 C RESOLUTION NO. 3322 (19.77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RUDOLPH A. BINKELE AND. MICHAEL L. BINKELE FOR COMMON ACCESS DRIVEWAY. SERVING TWO PROPERTIES OWNED BY THEM.. 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 Rudolph A. Binkele and Michael L. Binkele for .a common access driveway serving two parcels of real property owned by them located on Sunset Drive 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 County Recorder and the Community Development Department. On motion of Councilman Dunin Gurnee seconded by Councilman and on the following roll call vote: AYE S: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of May , 1977 ATTEST: i - Approved as to WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation. City Attorney By Allen Grimes Approved as to content: by Associate Planner R 3322 V RESOLUTION NO. 3321 (1977- Series) A- RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN APPLICATION FOR 1978 PARTNERSHIP GRANT FUNDS. WHEREAS, the City.has initiated a survey of the human services needs-within the community; and WHEREAS, a consultant has been engaged to do a limited amount of work on the -human services needs assessment..not to exceed a given dollar amount; and WHEREAS, the Human Relations Commission of the City of San Luis Obispo believes that a more comprehensive study can be completed with additional funds which might be available from the Health, Education and Welfare Department Partnership Grant Program; NOW, THEREFORE, BE IT RESOLVED by the Council of the'City of San Luis Obispo as follows: Section 1. This Council hereby approves an .application to HEW for Partnership Grant Funds for fiscal year 1978. Section 2. The City Administrative Officer, Richard D. Miller, i's hereby.desi-gnated as the City's authorized representative -in seeking Partnership Grant Funds. On motion of Councilman Dunin .seconded by Councilman- Gurnee and on the following roll call vote: AYES: Councilmen Dunin, Gurnee., Jorgensen, Petterson and Mayor Schwartz NOES: None. ABSENT: None ktm 5/5/77 R 3321 Resolution No. 3321 (1977 Series) the foregoing Resolution was passed and adopted this 17th day of MaY . 1977. ATTEST: R' Approved as to form; Approved as to form.: WENDT, MITCHELL, SIN EIMER, de.la MOTTE & LIL_LEY City Attorney City Adrffinistra.Tige Officer By Allen Grimes Coord n or; Human Relations Commissio ktm 5/5/77 -2- RESOLUTION.NO.:3320 (1977 Series). A RESOLUTION THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 3154 (1976 SERIES) BY ADDING RATES.FOR COLLECTION OF COMPACTED SOLID WASTE_- BE IT.RESOLVED by the Council of the City of San Luis Obispo as. follows: Section•l. This Council hereby amends,Resolution No. 3154 (1976 , Series) which established rates for solid.waste' collection and disposal by adding rates for collection of compacted solid.waste as follows: . .(f) Compacted_Solid Waste: For compacted solid waste placed in Dum p master containers for collection and disposal: $5.00 per cubic yard per pick -up. Section 2. The foregoing rate's for service shall become effective immediately. Section 3. The City Clerk shall certify to the passage of this resolution and shall provide copies of it to the Director of Finance.and. the San Luis Garbage Company. On motion of Councilman Dunin seconded by Councilman Petter.son, and on.the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson, and,Mayor'Schwar.tz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of May 1977. ATTEST: 'fr r, R 3320 Resolution No. 3320 (1977. Series). Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la In Q LILL City Attorney By Allen Grimes - 2 r RESOLUTION NO. 3319 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CLASSIFICATION PLAN CONSISTING OF JOB TITLES, DESCRIPTIONS AND CLASSIFICATIONS FOR ALL EMPLOYEES EXCEPT THOSE OFFICIALS APPOINTED BY THE CITY COUNCIL. WHEREAS, the City Council agreed during the 1976 -77 employee- employer salary negotiations to provide an independent study of job classifications, titles and descriptions; and WHEREAS, the U. S. Civil Service Commission was selected to conduct said study; and WHEREAS, the recommendations and final report have been received by the City Personnel Department and such information has been made available to City employees.; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as - follows: Section 1. This Council hereby adopts a Classification Plan consisting of the job titles, descriptions and classifications for all employees except those officials appointed by the City Council recommended by the U. S. Civil Service Commission in its report. Said Classification Plan is dated March .' 1977, and is attached hereto and by such reference incorporated herein.. Section 2. This Council also approves the recommendation of the Personnel Director that proposed salary ranges be referred to the City's negotiating team for consideration and possible modification during the meet and confer process for annual cost of living adjustment. On.motion of Mayor Schwartz, seconded by Councilman Pett_erson, and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT.: None AG:GJ:ktm 5/18/77 R 3319 C O Resolution No. 3319 (1977 Series) the foregoing Resolution was passed and adopted this 17th day of May 1977. ATTEST: Approved as to form: WENDT, MITCHELL, SINS IMER, de .la MOTTE $ LILLEY City Attorney By Allen Grimes Approved as to content: City Administrativ ficer "� k. ersonnel Director AG:GJ:ktm 5/18/77 Page 2 0 RESOLUTION NO.3318 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1977 -78 AND FOLLOWING YEARS. BE IT RESOLVED by the Council of the City of'San Luis Obispo as follows: SECTION 1. This Council hereby adopts the 1977 -78 Capital Improve- ment Program as transmitted by a memorandum from Richard D. Miller, City Administrative Officer dated May 4, 1977, attached,hereto marked Exhibit "A" and thereby incorporated herein. SECTION 2. The procedures for implementation of the program con= tained in Resolutions No. 2058 (1970 Series) and No. 2178 (1971 Series) are hereby incorporated by reference except that all time elements are to be advanced by one month in view of the change in municipal election dates. On motion of Councilman Gurnee and on the following roll call vote: seconded by Councilman Jorgensen AYES: Councilmen Dunin, Gurnee, Jorgensen and Petterson NOES: Mayor Schwartz ABSENT: None the foregoing Resolution was passed ATTEST: i erk adopted this 17th day of May , 1977. Approved as to form: Approved as to content: WENDT, MITCHELL, SINS IMER, de la MOTTE & LILLEY JP12n4 City Attorney City Administrative ficer en Grimes R 3318 IIII��iil!�IIIiII!li l i.q I'li lull i i !4jill' illl VA I tqor sAn IuIS OBlap ,Zl ADMINISTRATIVE OFFICE Post Office Box 321 a San Luis Obispo, CA 93406 a 8051541 -1000 d�Wtll�li ��1.laVLm .L:.d..EWmh,:,..!:.hh�lil May 4, 1977 MEMORANDUM From: Richard D. Miller, Administrative Offic To: Honorable Mayor and City Council Transmitted herewith is a proposed capital improvement program for the fiscal year 1977 -78 and four years following. It also contains a summary of some $1.9 million in CIP expenditures being made'this fiscal year, mostly for high priority non - recurring projects However, this is in addition to annually recurring items such as projects to remedy sewer and water line deficiencies, cooperation with developers on water projects, major maintenance and reconstruction of city streets, drainage improvements, etc. (Technically the purclsise of a new $65,000 fire pumper and replacement of a second unit at the same price should probably not have been included in the CIP list for 1976- 77. However they were included in this tabulation because of the magnitude of the cost.) The CIP as prepared and tentatively modified by the Council .following numerous public study sessions is hereby presented for public review and comment based on the follow- ing assumptions 1. All general capital. outlay and revenue sharing monies are combined under the "CO" designation, since current revenue sharing regulations preclude specific designation of projects in advance prior to the time the City receives public input (at periodic intervals). The Council may wish to charge a portion of the swim pool first phase CO item ($393, 000) to revenue sharing depending on the results of hearings. Otherwise we may wish to use the current revenue sharing allocations for the branch fire station, storm drainage im- provements, additions to the Police Department parking lot, etc. and take the $393, 000 out of general capital outlays. As I see it, whichever way we do it makes little difference so long as we don't divert revenue sharing monies to non - capital purposes. 2. A parking authority will be formed and additional off - street spaces developed. 3. Water rates are increased in the near future as recommended by Engineering Science, Inc. to meet our operating and capital needs. 4. The City agrees to accept an 87 1/27 grant to assist us in the construction of a sewage plant improvement. Please note a buildup in water capital funds in the next five years of some $1, 000, 000. EXHIBIT "A" Ilonorable Mayor and,, y Council May 4, 1977 Page 2 There are several reasons for this: 1. The Engineering Science report was received after we began the CIP studies, and so far major decisions have not been made on additional sources of water. If such decisions are made, there will be substantial increases in capital and /or operating costs to finance such importations. 2.. The completed Engineering Science report shows a gradual buildup for the water main replacement and assistance programs over and above the flat $230, 000 per year we have included in.the current draft of the CIP. For instance, .they show $248,000. for the second year, $268,000 for the third year, etc. Altogether, such provisions for inflation add up to $200, 000 over the five -year period. If our current CIP figures were revised, the $1, 000, 000 buildup would be reduced accordingly. 3. As noted in the Engineering Science report, the City's share of financing major pumping plant additions to the Whale Rock system (totaling more than half a million dollars) have not been projected in the City's CIP but would reflect in our share of the Whale Rock operating halg•et (approximately $300,000). How soon we would have to do this is somewhat dependent on whether or not severe drought conditions continue and the elevation of the Whale Rock Reservoir lowers. 4. If not used otherwise in future CIP projects all or a portion of the $1,000,000 could be used to pay for a portion of the new water plant on a pay -as- you -go basis. Summary: Please keep in mind that this is the first attempt at.the new CIE format. .I believe it offers advantages over the earlier versions in that it tends to force decision making. However, I am not satisfied with the quality of cost estimates on many of the projects particularly those to be financed in future years. Nevertheless, I believe this is a start toward better financial planning, and I appreciate the Council's tolerance and patience with us during these early attempts. . 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O� 0 RESOLUTION NO. 3317 (1977; Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN AN LUIS OBISPO FINDING A DECLARING THE NECESSITY FOR CONDEMNATION OF PROVATE 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 acquisition, construction and completion by the City of a public improvement, to wit: the widening of Santa Rosa Street; and further that in connection therewith, the acquisition of title in the real property described in Appendix "A" attached hereto as described therein is necessary therefor. 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 City 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 3317 I 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.Prdcedure 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: On motion by Councilman Gurnee and seconded by Councilman Jorgensen 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: Councilmen Dunin, Gurnee, Jorgensen and Mayor Pro -Tem Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 3rd day of May , 1977. Mayor Pro -Tem ATTEST: 5A,j le k Approved as to content: Approved as to form.: DAVIS, WENDT, MITCHELL & ' SINSHEIMER, City Attorney L' CITY ADMINISTRATIVE-IWICER BY: DALE C. MITCHELL CITY" INEER NG OFFICER- -3- APPENDIX 4'A" That portion of Lot 1 Block 34 of the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map thereof, filed for record May 1, 1878 in Book A at page 168 of Maps, in the Office of the County Recorder of said County. Parcel 180 -15. Beginning at the most Westerly corner of said Lot 1, thence North 53 038'00" East a distance. of 10.00 feet to the true P.O.B. thence continuing North 53638'00" East a, distance of 20.00 feet to a poi.nt,. thence on a curve concave to the Southeast tangent to the last described line with a radius of 20.00 feet, through an angle of 90 000 for a lenght of 31 -.42 feet to a point on the Easterly line of Santa Rosa.Street as widened April 43 1966 in Book 1391 at page 588 of Official Records, thence Northwesterly along said widened line. of Santa.Rosa Street to the true P.O.B.' Parcel 180 -15 -1 - Temporary construction easement. Beginning at the most Westerly Conner of said Lot 1, thence North 83 038'00" East a distance of 30.00 feet to the true P.O.B. thence South 36 022' East a distance of 5.00 feet to a point, thence South 8 °38'00" West a distance of 21.21 feet to a point, thence South 53 °38'00" West a distance of 5.00 feet to a point thence on a.curve concave to the Northeast with a radius of 20.00 feet through an angle of 901 for a length of.31.42 feet to the true P.O.B. 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. sm-i tom! RESOLUTION NO. 3316 (19 77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY ARID H. DIETER HEINZ, FOR CONSULTING CHEMIST 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 H. Dieter Heinz, for consulting chemist services from April 16, 1977 through October 15, 1977, Pro -Tem 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: Director of Public Services and H. Dieter Heinz On motion of Councilman Gurnee seconded by Councilman Jorgensen , and on the following roll call vote: AYES:. Councilmen Dunin, Gurnee, Jorgensen and Mayor Pro -Tem Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 3rd day of May , 19 77 , ze- Mayor Pro -Tem ATTEST: Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation City Attorney BY Allen Grimes Approved as to content: Endorsements on Agreement. R 3316 e C, AGREEMENT FOR PERSONAL SERVICES -- i - - - THIS AGREEMENT, dated retroactively April 15, 1977, is by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City "), and H. DIETER HEINZ, an independent contractor providing consulting chemist services (hereinafter referred to as "Chemist "). WITNESSETH: WHEREAS, H. Dieter Heinz is a qualified chemist capable of analyzing and monitoring the City's domestic water supply; and WHEREAS, the City desires to employ him as an independent contractor to provide certain services not currently performed in detail by City employees or available within City services; NOW, THEREFORE, City and Chemist for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning April 16, 1977, Chemist agrees to provide services on a half -time temporary basis to the City in accordance with the scope of work outlined in Exhibit "A" attached hereto and thereby incorporated herein. Said services shall continue through October 15, 1977, providing, however, that either party may terminate this Agreement by two weeks written notice to the other party. The general duties to be performed by said Chemist shall be at the direction of the Director of Public Services. 2. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Chemist, 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 Director of'Public Services shall be only that necessary to provide broad general outlines, and Chemist is to use his own initiative and discretion in performing the details of his work, provided, however, that Chemist may consult with Public Services staff as he desires. ktm 4/21/77 L.�+ '§J e%' I(�. t • w�^. ��! "��Xr6Y �y;��^�a.�`+'' iY yrpy ^�C't y� ° tr-�• ri �J+, /.kl� -�.. �r� -•�d�. r '+`t"�a�tr ^. J'� a�rv�.. ?5 � , . , "y. �.it`, r^�'.,.. .� a '!'r'S:,S I �.e.3'+..w/ .•�:'cau'.. � l..: v F."° . s..'�l .:l '�..�.'� C 3. City agrees to provide laboratory space and supplies necessary for performance under this Agreement, subject to purchase authorization by Public Services Department. 4. City agrees to pay Chemist the sum of $1,200.00 per month for his services, payable in accordance with regular City payment procedures. Chemist agrees to provide a minimum of eighty (80) hours service per month. Chemist shall not accrue vacation, sick leave, or other similar benefits provided to regular City employees. 5. If extension of this Agreement is approved by the City prior to its expiration on October 15, 1977, the monthly compensation rate for eighty (80) hours of service will be $1,500.00 thereafter. 6. This is an agreement for personal services and is not assignable without the prior written consent of City. 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following addresses: City: Director of Public Services City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Chemist: H. Dieter Heinz P. 0. Box 3193 Pismo Beach, CA 93449 IN WITNESS I%TIEREOF, the parties hereto have caused this Agreement to be executed. CHEMIST 3J H Dieter Heinz CITY OF SAN LUIS OBISPO Mayor pro -Tem ATTEST: ktm 4/21/77 Page 2 a., .{��' ""•��• .��i . r. .�'.. n -. r.�.:;w '�/°,�,r.vy v.,�,r ✓, �yry,. �.. �. fq - ,��v .. ....�r� y, � *- ' .. - �} r � _... � � Y � ; w ..e . '^, -z„ ,..� \iJ �/�:'"r'.. r$•y�r. i .. A.iaal.•f'r�K"1;.4" 72'a.�:Wnew.if.� Mi�!`.'V• '.Yr'rr:. -+w� �`�.,sv�'`'V"n't• J Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes ktm 4/21/77 Approved as to content: City Administrative 0 er Director of Public Services Page 3 o �rt� `� ��d�ytiy��- :'ti�i y,��.�jA.+'.'.' - v,�e�✓�},I -�vw�4 `.oY/..�� .�dy%j; -.. �y >�ji:,�..'.!.y�p ��- ,\,y.•�,i+y�' �/�ry�'��y�,y`+ 'M�� . r +`:� - a y i�.r+^'\'\ .�.. �. ��a�y,ri �:+;?)^. y.' ��•. 1". Y' 1 .�5�,F�'Y1V��,��G'�';:Rd \�K��Y` 'V�h�j�i{.J N"^r 1'.. _y,^Mk . .P . i RESOLUTION NO. 3315 ( 1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID URBAN PROJECTS FOR THE SAN LUIS OBISPO URBAN AREA. WHEREAS, the Congress of the United States has, in the Federal -Aid Highway Act of 1973, declared it to be in the national interest for Federal Funds to be expended for highway projects on the Federal -Aid Urban System; and WHEREAS, based on the 1970 Census, the Bureau of the Census has designated San Luis Obispo as an Urban Area; and WHEREAS, before Federal -Aid will be made available for Urban System projects within this Urban Area, the Federal -Aid Urban Projects must be designated; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City Council of the City of San Luis Obispo requests that the Federal -Aid Urban Project, as shown on the attached "Exhibit "A ", be approved by the State Department of Transportation and the Federal Highway Administration. 2. Copies of this resolution shall be forwarded to Mr. Frank Gregory, District. Director, California Department of Trans- portation, District 5, Post Office Box L, San Luis Obispo, California 93406. R 3315 C O RESOLUTION NO. 3315 -2- (1977 Series) On Motion of Councilman Gurnee seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen and Mayor Pro -Tem Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this day of May, 1977 ATTEST: VI;rR www'jrijltrq Approved as to form: WENDT, MITCHEL SINSHEIMER, de la MOTTE & BILLEY City Attorney a By Allen Grimes z,A YOR PRO -TEM Approved as to content: CityCity Administrative O cer EXHIB IT "A" PROPOSED FEDERAL AID URBAN PROGRAM CITY OF SAN LUIS OBISPO URBAN AREA A FIVE (5) YEAR PROGRAM OF RIGHT OF 14AY ACQUISITION FOR WIDENING SOUTH HIGUERA STREET FROM MARSH STREET TO MADONNA ROAD AND REALIGN SOUTH STREET TO JOIN MADONNA RD. The initial project is right -of -way acquisition only. The complete project, as proposed, is as follows: The project is more properly identified as FAU Route Y358 -a portion of Section 105 of South Higuera from Marsh Street to Madonna Road and FAU Route Y387 -a portion of Section 105, South Street realignment from Madonna Road to Beebee Street. It is proposed that the widening on South Higuera Street and the realignment of South Street be administered as one project. The work on South Higuera Street will include, in addition to R/W acquisition, building removal and /or demolition, street reconstruction to provide curb -to -curb width of 64 feet in an 80' R /W. The work will also include the revision and /or replacement of existing traffic signal installations at the intersections with Higuera Street, Pismo and High Street, South Street and at Madonna Road. All of the widening will be on the west side of the street. The South Street work, in general, will be a realignment project which will elimi- nate the South Higuera Street offset between South Street and Madonna Road. The realignment project will include right -of -way acquisition, building removal and /or demolition, roadway construction and miscellaneous work to provide a street sixty - four (64) feet wide curb -to -curb within an eighty (80) foot right -of -way. The breakdown of the total estimated cost is as follows: RIGHT OF WAY South Higuera South Street Total R/W CONSTRUCTION South Higuera South Street Total Construction $ 780,000.00 400,000.00 $ 1,180,000.00 (Initial Project) $ 250,000.00 185,000.00 435,000.00 TOTAL ESTIMATED COST $ 196159000.00 RESOLUTION NO. 3314 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CLOSING OF STATE HIGHWAY FOR LA FIESTA PARADE. WHEREAS, the citizens of the City of San Luis Obispo will be holding their annual community celebration on May 19, 20, 21 and 22, 1977; and WHEREAS, a parade on Saturday.morning, May 21, 1977, is an integral part of the La Fiesta celebration; and WHEREAS, La Fiesta is a most important civic celebration, drawing visitors to this City from distant places to see this most extraordinary parade and to visit the early California historical sites of this community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A Parade Permit is hereby issued to La Fiesta Association authorizing the closing of Highway 227 to Broad Street and the closing of Highway 101 off -ramp at Marsh Street during the hours of 10:00 A.M. to 1:00 P.M. on May 21, 1977. 2. The City Police Department and other City departments are directed to cooperate with La Fiesta officials in putting on the parade. 3. The Department of Transportation and the California Highway Patrol shall be notified of the proposed closing of a portion of a State Highway for this parade, and they are hereby requested to approve this action. 4. The City Clerk is hereby directed to notify appropriate City Departments and State Agencies by forwarding copies of this resolution. R 3314 0 o Resolution No. 3314 (1977 Series) On motion of Councilman Gurnee , seconded by Councilman Jorgensen, , and on the following roll call vote: AYES: Councilmen Dunin; Gurnee, Jorgensen and Mayor Pro -Tem Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 3rd day of May 1977. Mayor Pro- em ATTEST: i Approved as to Vorm: WENDT, MITCHELL SINSHEIMER, de la MOTTE & LEY City Attorney By Allen Grimes Approved as to content: City AdministrativeNQ..fficer Chief ": f Police City En ineer Director of Public Services RESOLUTION NO. 3313 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REGARDING REALIGNMENT OF SAN LUIS DRIVE BY AN EXCHANGE OF REAL PROPERTY BE IT RESOLVED by the City Council of the City of San. Luis Obispo as follows: It finds and determines and hereby declares that it-is in fur- therance of the public interest to realign San Luis Drive at its intersection with Johnson. Avenue.. The City of San Luis Obispo is the owner of certain property described as That portion of Lots 1 & 2 of Block 2 of the Breck Tract in the City of San Luis Obispo, State of California, said Block 2 is shown on the "Map of the Breck Tract, a .resub- division of Lots 2 and 3 of the Deleissiques Tract, sur- veyed by A. F. Parsons, March 1922'.' on file in'.:the- of£ice'of the County Recorder of San Luis Obispo County, State of California, said property is more particularly described as follows: Beginning at the most westerly corner of the parcel of land shown on the Map in Book 4 page 43 of Record of Surveys in the Office of the County Recorder, thence North 4 932' East a distance of 6.00 feet to the true POB, thence continuing North 40 32' East a distance of 70.18 feet to a point on the southerly line of Munoz Street, thence South 560 5'8' West along southerly line of Munoz Street, a distance of 75.70 feet,. thence South 40 32' West a distance of 2.0:03 feet, thence on a curve concave to the right with a radius of 10.00 feetthrough an angle of 230 34'41" for a length of 4.12 feet, thence South 850 28'00" East a. distance of 60.84 feet to the true POB. Containing ;:_:,063' acres, more or less. R 3313 Resolution No. 3:)..3 :3 01977 Series) the land necessary for a proposed realignment is described as That portion of Lot 1 Block 2 of the Breck Tract in the City of San Luis Obispo, State of California, said Block 2 is shown on the "Map of the Breck Tract, a Resubdivision of Lot.s 2 and 3 of the Delessigues ,Tract, surveyed by A. F. Parsons, March 1922" on file in the office of the County Recorder of San Luis Obispo County, State of California, said property is more particularly described as follows: Beginning at the intersection of the Southerly line of Munoz Street and the Westerly line of Johnson Avenue as shown on the Map in Book 4, page 43 of Records of Surveys in the office of the County Recorder, thence South 36022' East along said Westerly line a distance of 91.12 feet, thence on a curve concave to the right tangent to the last described line with a radius of 10.00 feet, through an angle of 130054'00" for a length of 22.85 feet to a point; thence North 85028" West a distance of 64.11 feet to a point, thence North 4032' East a distance of 6.00 feet to a point, thence South 85028' East a distance, of 14.00 feet to a point, thence on a curve concave to the left tangent to the last described line with a radius of 24.00 feet through an angle of 117038154" for a lenth of 49.28 feet to a point, thence continuing on a curve concave to the left with a common tangent to the last described curve with a radius of 204.00 feet through an angle of 13043'51" for a length of 48.89 feet, thence North 36050'45" West, a distance of 0.58 feet to a point on the southerly line of Munoz St., thence North 56058' East a distance of 6,.01 feet to the P.O.B. Containing .044 acres, more or less. and is owned by Three- Corner Associates, a Limited Partnership, J. Dan O'Donnel, J. Dan O'Donnel, Jr: and John Atiya. The owner of the porperty described has indicated a will- ingness to exchange said property for the described property owned by the City. Streets and Highways Code 91930 and §1931 authorize the exchange by Resolution. Such exchange is hereby authorized. On motion by Councilman Gurnee and seconded by Councilman Jorgensen the City Council of the City of San Luis Obispo hereby adopted in its entirety the foregoing proposed Resolution on the following roll call: -2- Resolution No. 3313 0 (1977 Series) AYES: Councilman Dunin, Gurnee, Jorgensen and Mayor Pro -Tem Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 3rd _day of May 1977. Mayor Pro -Tem ATTEST: C C1d'Flc' Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney fAME C. 2 ELL Approved as to content: City Administrativ"N ficer -3- 0 o 0 4 AGREEMENT THIS AGREEMENT, executed this day of. 1977,.by and between hereinafter called owner, and the City of San Luis Obispo, a Municipal Corporation, hereinafter called City. Witnesseth: 1. Owner shall convey 0.044 acres more or less., lying along San ,Luis Drive and Johnson Avenue,'to the City. 2. Owner shall convey to the City all vehicular access rights to Johnson Avenue and to that portion of San Luis Drive lying within 100 feet of its intersection with Johnson Avenue. See attached exhibit. 3. Owner agrees to construct to City Standards.curb, gutter and sidewalk, along all frontages between existing improvements, as shown on the attached exhibit. This construction may :require the installation of re- taining walls at the Onwers` expense. 4. City agrees to convey 0.063.acres more or less., lying along Johnson Avenue to the Owner. 5.. City will provide engineering necessary for the standard curb, gutter and sidewalk, retaining walls, legal description, and pave out the street to the new curb alignment. 6. City and Owner agree that the terms of this agreement are full and just compensation. IN WITNESS-WHEREOF, we have set our hands hereto on the date indicated above. DATE: CITY OF SAN LUIS OBISPO a Municipal Corporation Attest: By . Mayor City Clerk Approved as to form: WENDT, MITCHELL SIN HEIMER, DE LA MOTTE & LILLEY INC. City Attorney 10W�MILIW Allen Grimes APPROVED: THREE CORNER ASSOCIATES Owner Date 5 Approved as to content: City Administrative fficer TIE TC'EXI ING �s CURSE O \ E.SIDEW LK gLK a z 0 D z N i 4 O -- ~ \ ACCESS - DENIAL 1\ I\ a 1111111 TIE TO E !STING p�vpEf:TY TD ae \ CURS.GU TER AGquu26d �Y ,GITy . ✓r SIDEWA K JOHNSON AVE. - PROPERTY EXCHANGE SAN LUIS DRIVE AND EXHIBIT JOHNSON AVENUE \� + Q RESOLUTION NO. A RESOLUTION OF THE CO' LUIS OBISPO INCREASING FOR THE 1976/77 FISCAL FERS OF FUNDS. 3312 (1977 Series) JNCIL OF THE CTTY OF SAN GENERAL FUND APPROPRIATIONS YEAR AND AUTHORIZING TRANS- 1. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following General Fund Appropriation account be increased to provide for increased liability insurance premiums for the 1976/77 fiscal -year: Account No. Description. Budget Amount (05) 01- 3209 =123 Liability- )dnsurance, s $5,600.00 DR 2. BE IT FURTHER RESOLVED that the following transfer from the General Fund Contingency Appropriation is authorized to provide for the above increase: Account.No. Description Budget Amount (05) 01- 3999 =000 Contingency Appropriation $5,600.00 CR On motion of Councilman Gurnee, seconded by Councilman Jorgensen, and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen', and Mayor Pro -Tem Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 3rd day of May, 1977. ATTEST: Mayor Pro-Tem o g Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY� City Attorney By Allen Grimes RM:ktm 5/5/77 Approved as to content: R, 3312 _ - -.- qP t2 E� TELEPHONE 805/543 -6887 GENERAL INSURANCE' BROKERS !POST OFFICE BOX 1166 SAN LUIS OBISPO. CALIFORNIA 93406 April 15, 1977 Mr. J. H. Fitzpatrick San Luis Obispo City Hall 990 Palm Street San Luis Obispo, California 93401 Dear Fitz: I am enclosing several items concerning the City's insurance program that we have discussed and I would like'to recap them for your consideration. First concerning Foremost Insurance Policy No. GAL672- 7201880 you will find that this was the Police Protection Liability Policy in the Foremost Insurance Company from July 1, 1976 to July 1, 1977 and this policy was cancelled by the insurance company effective November 26, 1976. The policy was cancelled because the company decided to discontinue all liability exposures in California and cancelled everything statewide. The policy had an original premium of $7929.00 which was providing $300,000.00 combined . single limit coverage at a rate of $180.00 per officer. When the policy was cancelled it resulted in a return premium of $4712.00 which was previously . forwarded to you in our credit invoice no. 7013. This brings us to Reserve Insurance Policy No. XGA010814 which was put into effect November 26, 1976 to pick up the Police Protection Liability coverage and was written at the rate of $250.00 per officer with an annual premium of $11,000.00 with limits of liability of $100/300,000.00. Please note at this point that the $100/300,000.00 limits were not high enough to satisfy the Midland Insurance Company, the primary excess carrier and,. therefore, this policy had to be replaced. While the Reserve Insurance Company policy was in effect for the period of November 26, 1976 to February 1, 1977 it developed an earned premium of $3190.00 and we are enclosing our invoice no. 41068 for this amount to cover that period of time. The subject Reserve Insurance Company policy was replaced by Drake Insurance Company Policy No. 01108 effective February 1, 1977 to July 1, 1977 at a rate of $255.00 per police officer providing limits of $250/500,000. with a $750,000.00 aggregate which.is satisfactory underlying limits for the Midland excess policy. We are enclosing this policy along with our premium invoice in the amount of $4851.00 to provide the.Police Professional. Liability. coverage to July 1, 1977. ALL FORMS OF INSURANCE- INCLUDING LIFE A ` js ,l Mr. J. H. Fitzpatrick Page 2 April 15, 1977 �J You will also find enclosed an endorsement to Midland Insurance Company Policy No. XL149370 stating that it recognizes Drake Insurance Company Policy No. 01108 as being the primary Police Professional Liability Policy now in effect. Fitz, also enclosed you will now find a renewal certificate for the City's non -owned aviation policy from February 25, 1977 to 1978 with an annual premium of $345.00. Immediately following this you will find an endorsement to the Midland Excess Policy which will have to be signed by you accepting the fact that this policy does not provide any aircraft coverage which, of course, if covered under the non -owned aircraft policy renewal certificate that we are enclosing. In addition to the above mentioned we are enclosing endorsements to the Fireman's Fund Liability Policy No. LC2069450 one effective July 1, 1975 and the other effective July 1, 1976 adding coverage for your 1968 International fire truck, the one that is a part of your Civil Defense Program Agreement with the State of California and had never previously been added to the policy. In addition I.am enclosing a Loss Summary under the liability policy of the Fireman's Fund through January, 1977 for your informational purposes. Should you have any questions please let me know and I will be happy to discuss them with you. Very truly, MORRIS $ DEE Marvin De MD /fg Enc. r err O TELEPHONE i .. < STATEMENT 89456: Fri ®!9A a,�ORRIrB AID 'rrEE 11NSURA�aGE. ;543+685?, ;. :'O. 8t?X'.' 1166 y.e;�(,L1JIS �UBI PC' -. •' ' ' " ^' - - PAYMENTS MADE AFTER THE _ ' DATE SHOWN BELOW WILL • - - " ' ' .'i - ' APPEAR ON NEXT MONTH'S } r � - �; - .. � -. STATEMENT ACCOUNT NO. PAGE DATE CITY OF SAN LUIS Ct'l'c0D TO CITY Ht••LL SAN LUIS OBISPC CA 934(11 " INVOICE NO. POLICY NO. EFFECTIVE DATE EXP. DATE DESCRIPTION AMOUNT AMOUNT DUE NOW i,,0 7201884 11. 26 -i7.6° ,7�T7'Mj8C, LIA6 CAhtCELi � �4r712 00,T*9 . 4 71'2;00 -70L3' 41068 XGA010814 k , 11si26:766 '2- 77 -IMISC LIAB+RENEwAL '. lgoiotivi�; "30190;00 41069 AuG0411U3 :2a25p77 �2 ®7e AIRCRgFT�REt�Ei'IAL� .'�' ,345'Q0 41070 LC2069450 '7- 01 -75" '• P.ACKAGEoADDL ;�PREM-' '2u4,00 '204000 41071 LC20109450 7- ol.a76 ,PAC :(AGEwADDL PREM :262;00: 1262,0G 41072 PP-LO1105 2 -ol-77 `70'77 :MISC .L'10-RENEWAL: 4rP+51:0U 41f851,00 *':ITE ` 'POST DUE PLE„SE' °P.AY THIS .AIMOUNT 4p 14u,0u o « -a 11,10 Z01.1 11 .- ��11'•ap__- r_:0',.- :rvG.tf✓ck =a•w+1 s*� r err O .1 r% � « \ r,., r ♦' n ;('�� ter.'. RESOLUTION NO. 3311 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO.APPROVING THE APPLICATION FOR 1976 STATE_ GRANT MONEYS FOR SINSHEIMER PARK; PHASE III. WHEREAS, the people of the State of California have enacted the Mejedly -Hart State, Urban and Coastal Park Bond Act of 1976, which provides funds to the State of California and its political subdivisions for acquiring lands and for developing facilities for public outdoor recreation purposes; And WHEREAS, the State Department of Parks and Recreation has been dele- gated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State. Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and WHEREAS, said applications contain assurances that the applicant must . comply with; and WHEREAS, said procedures further require the applicant to possess an adopted plan showing parks and recreation lands and facilities, existing and proposed; and WHEREAS, the City's General Plan was first adopted by the City Council in January, 1977; and WHEREAS, the proposed Sinsheimer Park, Phase lII, Project appears on the City's plan, is consistent with the California Outdoor Recreation Resources Plan, and is in conformity with the State Environmental Goals and Policy Report; and WHEREAS, the project must be.compatible with the land use plans of those jurisdications immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1:. Approves the filing of an application for 1976 state grant assistance; and 2,. Certifies that said agency understands the assurances in the _.application; and 3. Certifies that said agency has or will have sufficient funds to operate.and maintain the project; and R 3311 lift- RESOLUTION NO: 3311 (1977 Series) 4. Certifies that said agency meets the planning requirements and that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 5. Appoints the Acting Director of Parks and Recreation as agent of the city to conduct all negotiations, execute and submit all documents including but not limited to applica, tions, agreements, amendments, payment requests, and so on which may be necessary for the completion of the.aforemen- tioned project. ON MOTION of Councilman Petterson , SECONDED by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES : None ABSENT: None the foregoing Resolution w4s passed and adopted this day of April, 1977. ATTEST: 25th C i �C 1 6r lg// Approved as to form: WENDT, MITCHELL, SIN HEIMER, de la MOTTE g LILLE City Attorney es Approved as to content: City A istrative Offi "tin Director of Parks � Recreation RESOLUTION NO. 3310 (1977 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR 1976 STATE GRANT MONEYS FOR LAGUNA GOLF COURSE DRIVING RANGE ACQUISITION PROJECT WHEREAS, the people of the State of California have enacted the Nejedly -Hart State, Urban and Coastal.Park Bond Act of 1976, which provides funds to the State of California and its political subdivisions for acquiring lands and for developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the pro- gram within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolu- tion the approval of applications prior to submission of said appli- cations to the state; and WHEREAS, said applications contain assurances that the appli- cant must comply with; and WHEREAS, .said procedures further require the applicant to possess an adopted plan showing parks and recreation lands and fa- cilities, existing and proposed; and WHEREAS, the City's General Plan was first adopted by the City Council in January 1977; and WHEREAS, the proposed Laguna Golf Course Driving Range Acquisition project appears on the City's plan, is consistent with the California Outdoor Recreation Resources Plan, and is in conformity with the State Environmental Goals and Policy Report; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby: 1. Approves the filing of an application for 1976 state grant assistance; and 2. Certifies that said agency understands the assurances in the application; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project; and R 3310 - r o RESOLUTION NO: 3310 (1977 Series) 4: Certifies that said agency meets the planning requirements and that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 5. Appoints the Acting Director of Parks and Recreation as agent of the city to conduct all negotiations, execute and submit all documents including but not limited to applica- tions, agreements, amendments, payment requests, and so on which may be necessary for the completion of the aforemen- tioned project. ON MOTION of Councilman Petterson , SECONDED by Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunin., Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES : None ABSENT: None the foregoing Resolution was passed and adopted this 25th day of April, 1977. ATTEST: c Ci e Approved as to form: WENDT, MITCHELL, SI HEIMER, de la MOTTE $ LILLE City Attorney II Approved as to content: City Administrative Off er By Allen Grimes t'' -g Dir for of Parks $ Recreation RESOLUTION NO. 3309 (1977 SERIES? 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 A TRANSFER OF FUNDS. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation accounts are increased to provide additional funding necessary for vehicle replacements. Account No. Description Budget Amount (40) 41- 4205 -000 Building Regulation- Vehicles $ 420. DR. (40) 41- 4750 -000 Engineering- Vehicles 3,695. DR. (40) 41- 6350400 Water Trans $ Dist': - Vehicles 3,640. DR. 41- 0510 -000 Appropriations 7,755. CR. 41- 0600 -000 Unappropriated Balance 7,755. DR. BE IT FURTHER RESOLVED that the budgeted transfers to the Equipment Replacement fund from the General fund and the Water fund, be increased by $815. and $40. respectively to offset the deficit of accumulated reserves to actual replacement cost. On motion of Councilman Petterson seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of April , 1977. ATTEST: Approved as to form: WENDT, MITCHEL, SINSHEIMER, de la MOTTE & L LEY City Attorney By Allen Grimes Approved as to content: City Administrative Offker ow Finance for R 3309 W RESOLUTION NO. 3308 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM AND SUPERSEDING PREVIOUS RESOLUTION NO. .3265 (1977 Series) ADOPTED FOR A SIMILAR PURPOSE: WHEREAS, the Legislature of the State of California has enacted the Roberti- Z'berg Urban Open -Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreation . needs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and WHEREAS,.said applications contain a.certification that the applicant will comply with all federal, state., and local environmental, public health, relocation, affirmative action; and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds; and WHEREAS, the project(s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs .in the most heavily populated areas; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for funding under the Roberti- Z'berg Urban Open =Space and Recreation Program; and 2. Certifies that said agency understands the general provisions of the agreement; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the projects) funded under this program; and 4. Certifies that said agency has or will have available prior to commencement of any work on the project(s) included in this application matching money from a nonstate source; and JS:ktm 4/18/77 R 3308 Resolution No. 3308 (1977 Series) S. Certifies that the project(s) included in this application conform to the recreation element of the applicable city or county general plan; and 6. Appoints the Mayor as agent of the City of San Luis Obispo to con- duct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests, and so on which may be necessary for the completion of the aforementioned project(s); and 7. Appoints the City Attorney as legal counsel for said agency with authorization to sign the certification on page 1 of application. BE IT FURTHER RESOLVED by the Council of the City of San Luis Obispo that Resolution No. 3265 (1977 Series) which was adopted on March 11, 1977, for.the purpose of adopting similar conditions for an application, is hereby superseded. On motion of Councilman Petterson , seconded by Councilman Jorgensen, and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson, and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of April 1977. ATTEST: Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney City Administrative UMcer By Allen Grimes ct' g Director df Parks $ e eation JS:ktm 4/18/77 Page 2 'RESOL„i�ION NO. 3307 (1977 Se'. -s) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP NO. SLO -76 -111 (APPLICANT: V. PETRUCCI, 2851 JOHNSON AVENUE). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map No. SLO -76 -111, and set nine conditions. The mine; conditions have been met at this time. SECTION 2. This Council now grants final approval of Parcel Map No. SLO- 76 -111 (Applicant: V. Petrucci, 2851 Johnson Avenue). On motion of Councilman Petterson seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of April 1977. ATTEST: i Approved as to form: Approved as to content: WENDr, MITCHELL, S NSHEIMER, de la MOTTE & LILL City Attorney ity Administrative is T. _ I A ai R 3307 J qty R 3307 III I I � II I Clt O S�►ii LUIS "OBIS PO y� p DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 321 • San Luis Obispo, CA 934060 805/541 -1000 MEMORANDUM Y�'ryi April 19, 1977 TO: Richard D. Miller City Administrator FROM: Thomas P. Gingg Tf G, Engineering Division RE: Parcel Map SLO 76 -111, Petrucci We did not receive the parcel map for final checking until Friday morning. At that time 4 of the conditions set by the Council and Planning Commission had not been met. As of today at 1:30 p.m., Mr. Baumberger was in making the final corrections on the map and the 4 conditions have been met or bonded for. I am forwarding the parcel map and resolution to you, so you may place it on the agenda if you wish. The resolution has not been checked by the City Attorney TPG: j s Attach. u r -e-" c7 /�& }fi -� yo �oldin9 tlis a3 H Ot1 Per GIt> aftyr, evi 0.4 4awN 44 +AV • '.411 f 1 c 1 i I COUNTY PARCEL MAP NO. CO 76 -111 The City C,;uncil of the City of San Luis Obispo, California, has considered this ,appli- cation for a lot subdivision by: V. 8 V. Petrucci Owner of Lot(s) 851 Johnson Avenue, San Luis Obispo Address Block Subdivision Street Address 2851 Johnson Avenue The City Council of the City of San Luis Obispo, California, hereby X - Grants the subdivision subject to the following conditions: (or) Denies the subdivision due to the following reasons: I. All lot corners shall be staked by a registered civil engineer or licensed surveyor, 2, Two street trees shall be provided on Johnson frontage per Public Services Department approval, 3. Fire hydrant shall be installed adjacent to driveway on Johnson acceptable to the Cltv Fire Department. 4. Each parcel shall be sewered by the Ci *y sewer system. Drawings and calculation shall be submitted to and be approved by the City Engineer • prior to filinq final parcel ma p. If sewer pumps are required, such shall be noted on final parcel map. 5. A grading and dralnace plan shall be submitted to and be approved by the City Engineer prior to filing final parcel map. 6. A 12' permanent access easement on the adjacent property to the east shall be secured from the property owner and shall be noted on the final parcel map, i 7. A 16' common access driveway shall be installed at this time, to City standards, to serve parcels B and C. 8. The subdivider shall pay in -lieu fees for park purposes. r 9. The capacity of the existing sidewalk drain shall be reviewed and approved to the satisfaction of the Public Services Department, ! 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. Director of Community Development ' date City Engineer de to If the cond.itions sct forth herein are ngrocab.te to you, please sign one copy of this form and return it to the office of thL2 City Engineer. DATED: (COICITIOIdS AGIB TO BY) t'N�l a01ER - � Allw�l iRivwu nrsisa�n® P ��I 9I $a 4; R� a s�gay� o y2 1 � . - y� ♦o "� moo?. \ 1 .Q .j �.` N� >s�•^° /"�� 1 a m w p 4 111` O -`-W�{ \ \_��',.. •.� �.H .�'� /,.Y i[y t i A 8 M a� W 4 N e t �8 3+ N W a, N ti r NI t a s 0 � rr �R$$o �q o \y A \a {I C rs p .� is I I 1 w � 3 a 8 if ;2 et Na RESOLUTION NO.. 3306 (19 77 Series) A RESOLUTIONi.OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SHERWOOD TERRACE ENTERPRISES FOR FLORA STREET EXTENSION 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 Sherwood Terrace Enterprises for City acquisition of property for the extension of Flora Street 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: Sherwood Terrace Enterprises and the City Engineer. On motion of Councilman Petterson , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of Apri l , 19 77 ATTEST: erk Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILL Y A Professional Corpration City Attorney �1 A. By Allen Grimes Approved as to content: Endorsements on Agreement R 3306 AGREEMENT This agreement, executed this day of 1977 by and between Sherwood Terrace Enterprises hereinafter called Grantors and the City of San Luis Obispo, a Municipal Corporation, hereinafter called City, witnesseth: 1. Grantor agrees to convey to the City, for street purposes, a portion of Lot 25 Tract 471, being .06 acres. 2. City agrees to pay the Grantor the sum of $3,000.00. 3. City agrees to remove existing curb, gutter and sidewalk along Flora and replace it at the new alignment. 4. City agrees to prepare, process and record a parcel map rearranging lots 23, 24, portion of 25 and the parcels of land owned by the City. 5. City agrees to deed to the Grantor .04 acres to be included in the parcel map. 6. City agrees to remove the existing driveways on El Casserio in front of lots 24 & 25 and construct one new driveway on E1 Casserio at a future date when the City issues a building permit on the new lot created by the parcel map. 7. City agrees to prepare a grading plan and have the three lots regraded in a manner agreeable to the Grantor. 8. City agrees to relocate all of the utilities. IN WITNESS WHEREOF, we have set our hands hereto on the date indicated above. Attest: Approved as to .fo= -: WENDT, MITCHELL, SINSHEIMER, DE LA MOTTE & LILLY, INC. CITY ATTORNEY by ATE DATE 4 ?k sZ9, / I Z7 I IL CI OF SAN LUIS 0A16", a q6nicipal Cgr2015ation. by or d as to content: A city ministrat e icer i y En -ineer Armr erwoo, errac�rprises RESOLUTION N0. 3305 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PARTICIPATION IN THE LOCAL AGENCY INVESTMENT FUND IN THE STATE TREASURY OF THE STATE OF CALIFORNIA. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the City authorizes the deposit of surplus cash balances in the Local Agency Investment Fund and agrees to deposit or withdraw money in the Fund in accordance with the Provisions of Section 16429.1 of the Government Code for the purpose of invest:: -:: ment as stated therein. 2. That the following City Officials are authorized by this resolution to order ; the deposit or withdrawal of money in the Local Agency Investment Fund. J. H. Fitzpatrick, City Treasurer R. C. Muravez, Finance Director On the motion of Councilman Petterson seconded by Councilman Jorgensen and on the following roll call votes: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of April 1977. ATTEST: Cit Approved as to form: Approved as to content: WENDT, MITCHELL, SI HEIMER, de la MOTTE & LILLEJ City Attorney UU By Allen R 3305 RESOLUTION NO. 3304 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 3257, A RESOLUTION DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE CONSTRUCTION OF CERTAIN IMPROVEMENTS. WHEREAS, on March 1, 1977, the City Council adopted Resolution No. 3257 which required installation of curb, gutter and sidewalk at various locations in the City; and WHEREAS, this Council, has received a request from James F. Maino that property at 1010 Peach Street be exempted from installation of curb, gutter and sidewalk until the parcel is developed to a higher use; and WHEREAS, staff has indicated no objection to delaying construction of the sidewalk until the parcel is developed; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council hereby grants the requested exemption from the requirement to construct sidewalks for an indefinite period, but reaffirms the requirement that curb and gutter be constructed and that the sidewalk area be graded appropriately:at this time. Section 2. This Council hereby amends Resolution No. 3257 (1977 Series) which determined that public convenience and necessity require construction of certain improvements, by changing the requirements for 1010 Peach Street as shown on Exhibit "A ", to allow for delay of sidewalk construction as outlined in Section 1 hereof. The amended Exhibit "A" is attached hereto and thereby incorporated herein. On motion of Councilman Petterson seconded by. Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None Resolution No. 3304 (1977 Series) the foregoing Resolution was passed and adopted this 19th day of April, 1977. ATTEST: Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Administrative icer Public Services Director EXHIBIT "A" As Amended April 19, 1977 NOTE: C = Curb & Gutter S = Sidewalk R = Driveway Ramp St. side T. & I. Kalman 680 .Morro IMPROVEMENTS OWNER LOCATION PARCEL NO. REQUIRED & A.R. Overall 671 Morro 2- 294 -09 C, B.W. Polin, Etal. 896 Mill (Morro St. side) 2- 303 -13 S T.M. & D.J. Hoffman 761 Morro 2- 303 -20 S, R* A.E. Storm, Etal. 952.Mill (Mrro St. side) 2- 312 -07 S J.L.Silyaggio, Etal. 760 Morro also Peach 2- 312 -11 S, R & J. Morris. St. side 2- 313 -03 C, N.J. & L.H. Murphy 963 Peach St. 2- 312 -12 S J.E. & M.C. Hillard 902 Peach also Morro 2- 311 -15 C, S, R (2) St. side T. & I. Kalman 680 .Morro 2- 311 -16 Cr S O.B. & A.R. Overall 671 Morro 2- 294 -09 C, S, R J.E. Maino Estate. 1010 Peach (Oros St. side)2- 313 -10 Cr S * ** V.B. Chaides 670 Osos St. 2- 313 -04 C, -Sr R ** D.M. & J. Morris. 662 Osos St. 2- 313 -03 C, S. R ** G.J. O'Hara 1023 -1025 Walnut 2- 313 -05 C, S, R S.M.S..Cmipany 2150 -2180 King St. 3- 739 -18 C, S *Construction may be.delayed for one year. * *Construction of sidewalks may be delayed for an indefinite period. ** *Construction of sidewalks may be delayed for an indefinite period, but sidewalk area must be graded appropriately. RESOLUTION NO. 3303 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 3255 (1977 SERIES) WHICH GRANTED APPROVAL OF THE TENTATIVE MAP FOR TRACT 592, LOS VERDES ESTATES, PHASE III, BY DELETING CONDITION NO. 30 CONCERNING SALE OF LOTS THROUGH A LOTTERY. BE IT RESOLVED by-the Council of the City of San Luis Obispo as follows: Section 1. This Council hereby amends Resolution No: 3255 (1977 Series) which granted approval of the Tentative Map for Tract 592, Los Verdes Estates, Phase III, by deleting condition No. 30 concerning sale of lots through a lottery to individual buyers. All other conditions of approval of the tentative map for Tract 592 shall remain in effect as adopted. On motion of Councilman Petterson _, seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of April , 1977. ATTEST: C e Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTI'E $ LILLEY City Attorney By Allen Grimes City En 9(1 er R 3303 ^RESOLUTION NO. 3302 (1977 Serie°`-. A RESOL -,-,ION OF THE COUNCIL OF THE CITY SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 639, LOCATED AT 1605 to 1685 PEREIRA DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: (A) That the Council, after consideration of the tentative map of Tract 639 and the Planning Commission staff recommendations and reports thereon, makes the following findings: 1. The proposed map is consistent with the General Plan in that the General Plan specifies single family residential land use. 2. The design of the subdivision is consistent with the General Plan in that the lot sizes are sufficient to comply with the density specified in the General Plan. 3. The site is physically suitable for the type of development in that the site will accommodate the subdivision design with no significant grading or vegetation removal. 4. The site is physically suitable for the density in that the number of houses to be constructed will involve very little site disruption and will be compatible with the density and character of the existing neighborhood. 5. The subdivision will not cause serious health problems inasmuch as it is proposed in an urbanized area where required public facilities are available. 6. The subdivision does not conflict with any easements acquired for the public at large. (B), That the approval of the tentative map for Tract 639 be subject to the fol- lowing conditions: T. A preliminary grading plan be submitted for review by the City Engineer prior to approval of the tentative map. 2. Curb, gutter, sidewalk, street paveout and drainage facilities are to be constructed in conformance with the City's plan and specifications. After 'the service laterals are extended from the mains in Pereira to the individual lots, the street shall be given an asphalt blanket to the satisfaction of the City Engineer. 3• A strip of property along Madonna Road 20' wide is to be dedicated for street widening along with a 20' radius at the street corner. 4. Subdivider shall pay sewer fee before the final map approval equal to $5,784262 per person ($5.784262 x 3.59 persons /unit x 7 lots = $145.36). Standard water acreage fees and frontage fees shall be paid. 5. Utility service laterals are to be installed to each lot prior to the final map approval including sewer, water, gas, cable tv, electricity and tele- phone.' All services are to be underground. 6. Utilities easements shall be shown on the final map in accordance with utility company's requirements. 7. Subdivider shall pay fees in lieu of park /land dedication at a rate of $150 per lot. S. Subdivider shall grant to the City a 10 foot easement along all lot frontages for maintenance of street trees. 9. Subdivider shall plant street trees on all lots in accordance with City standards. 10. Subdivider shall trim existing trees on the site to the specifications of the City Public Services Director. Any tree removal shall be authorized by City Public Services Director. R 3302 Resolution No. 3302 Tentative Tract No. 639 Page Two 11. All grading shall be conformity with the City Grading Ordinance and com- pleted -prior to approval of the final map. 12. A note shall be placed on the final map indicating.tha,t there shall be no further subdivision of any of the lots. 13. A note shall be placed on the final map indicatingthat access rights from lot 1 to Madonna Road have been dedicated to the City. 14. Construction plans shall specifically indicate improvements to be con- structed by the subdivider to carry drainage from the swail along Madonna Road to .Pereira Street. Said plan shall be approved by the City Engineer. 15. All of the above conditions of approval shall be completed (or secured by acceptable certificate) prior to recordation of the final subdivision map unless otherwise specified. On' motion of Councilman Petterson , seconded by Councilman Jorgensen , and ph' -the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor - Schwartz NOES: None ABSENT: None the foregoing Resolution was pas ATTEST: d adopted thisl9th r Approved as to form Wendt, Mitchell, Si sheimer, de la Motte & Lille City Attorney /.1 - Approved as to content: of April , 1977. IkOLUTION NO. 3301 (1977 Series,. w A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 642, LOCATED AT 1295 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 tentative map of Tract 642 and the Planning Commission staff recommendations and reports thereon, makes the following findings: 1. The proposed subdivision map is consistent with the General Plan in that the plan specifies residential use at a maximum density of 18 dwelling units per acre. 2. The design of the proposed subdivision is consistent with the General Plan in that the project provides for adequate circulation and open space and proposes a residential character contemplated in the Medium High Density land use category. 3. The site is physically suitable for the type of development requiring minimal grading and providing suitable access to a major thoroughfare. 4. The site is physically suitable for the density in that it is adjacent to a major arterial.street, public open space and existing development of a similar scale. 5. The design of the subdivision and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish and /or wildlife or their habitat inasmuch as'the site is not located near nor does it encroach upon any wildlife habitat of significant specie. 6. The design of the subdivision and improvements will not cause serious health problems in that it is in a substantially urbanized area where all required public services are available. 7. The design of the subdivision or the proposed improvements do not conflict with any easements provided for the public at large. (B) That the approval of the tentative map for Tract 623 be subject to the follow- ing conditions: 1. A precise development plan shall be approved by the City Architectural Reveiw Commission to include building design, landscape plan, trash enclosure and fencing and signing plan. Area for the storage of boats, campers, motorhomes and trailers shall be approved by the City Architec- tural Review Commission. 2. Conditions, Covenants and Restrictions shall be approved by the City Attorney and Community Development Director. CC &Rs shall contain the following provisions: (a) creation of a homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common area (lot 32) and all building exteriors in a first class condition; (b) grant to the City of San Luis Obispo the right to maintain common area and building exteriors, if the homeowners association fails to per- form, and assess the homeowners association for expenses incurred; (c) no parking on the site except in approved designated spaces; (d) grant to the City of San Luis Obispo the right to tow away vehicles; on a complaint basis, which are parked in unauthorized places; R 3301 Y, Resolution No. 3301 Tent. Tract No. 642 Page 2 (e) no outside storage of boats, campers, motorhomes and trailers, nor long -term storage of inoperable vehicles except in areas designated for such storage on the approved precise.plan; (f) no outside storage by individual units except in garages and enclosed patios. 3. Street trees shall be planted along Los Osos Valley Road frontage and a street tree easement granted to the City in accordance with the specifi- cations of the Director of Public Services. 4. All utilities on the site shall be underground. 5. Sewer and water lines shall be constructed to City standards including proper alignment and spacing (a minimum of 10 foot separation between water and sewer lines). Utility mains shall be 5 foot clear of all structures. 6. If sewer and water lines are to be public mains, all such lines shall be constructed in an easement dedicated to the City, the dimension of the easement being subject to approval of the City Engineer. In no case shall the project be permitted to connect to the private sewer lateral traversing the frontage of the subject site. Instead of dedicating ease- ments for utilities on the subject site., the subdivider may designate the entirety of Lot 32 (common area) as an easement granted to the City. 7. The private sewer easement traversing the frontage of the subject site shall be shown on the final map. 8. All drainage structures shall be designed to 100 year storm standards. 9. The interior street pavement is to be designed for a traffic index of 4.0. 10. Trash enclosures shall be constructed. 11. A grading plan is to be prepared along with the construction plans for the tract for the approval of the City Engineer. 12. A sewer fee shall be paid by the subdivider prior to approval of the final map equal to $5.7842.62 per person ($5.784262 x 2.86persons /unit x 31 units = $512.83) said fee to be paid to the original installer of the sewer main. 13. Standard water acreage shall be paid by the subdivider prior to approval of the final map. Frontage fee shall be paid prior to approval of the final map; said fee to be paid to the original installer of the water main abutting the subject property. The street fee has been paid. 14. Park land dedication in -lieu fees and /or construction tax fee shall be paid in accordance with law. 15. The boundary corners shall be staked and the points shall be permanently staked throughout the site so that any lot corners may be reestablished. 16. The subdivider shall install fire hydrants to the approval of the City Fire Department. 17. The all weather emergency access connecting the two dead end private streets shall be approved _by the City Fire Department. 18. 'Approval of the tentative tract shall expire one year from the date of approval. On motion of Councilman Dunin seconded by Councilman Petterson and on the following roll call voter Resolution No. 3301 Tent. Tract No. 642 Page 3 AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and ATTEST: ted thisl9thday of April , 1977. Approved as to form: Wendt, Mitchell, Sinsh 'mer, de la Motte & Lilley City Attorney zo.-�\i w I r en brimes Approved as to content: City Administrative Offic MR � IMF., ►� Approved as to form: Wendt, Mitchell, Sinsh 'mer, de la Motte & Lilley City Attorney zo.-�\i w I r en brimes Approved as to content: City Administrative Offic R 1 LUTION ,NO. 3300 -(1977 Serie i A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE PARCEL MAP 77 -86 (RICHARD BURKE, APPLICANT; 805 -871 VIA ESTABAN). 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 77 -86 (Richard Burke, applicant; 805 -871 Via Estaban): 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 M zone. C. The design is not'likely to cause substantial environmental damage, or cause serious publ'i'c health problems. d. The design of the proposed subdivision will not conflict with public easements for access through, or use of property within the proposed subdivision. 2. Approval of tentative Parcel Map 77 -86 is based upon the followi.ng conditions: a. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. b. Final map shall show water line easement at easterly property line of parcel 26 extended southerly across abandoned railroad spur right- of -way - andlot 109-Tract 442 to southerly lot boundary. C. Lot 26 shall be shown on the final map as Lots 26a and 26b. -A note shall be placed on the final map indicating that Lot.26b is not a buildable site unless - combined by recorded agreement with either Lot 26a or Lot 10 of adjacent Tract 442, or both. - 3. `This Council hereby grants approval of the tentative map for Parcel Map 77 -86. On motion of Mayor Schwartz seconded by Councilman Petterson and on the following roll call vote: AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed G ATTEST: adopted this 19th�yy of APril ,1977. r City k Approved as to content: Approved as to form: WENDT, MITCHELL, SINS IMER, de la MOTTE & LILLEY City Attorney By: Allen Grimes ity n., neer R 3300