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HomeMy WebLinkAbout3355-3399rte` RESOLUTION NO. 3399 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING PARKING PROHIBI- TIONS ON PORTIONS OF SANTA BARBARA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Parking prohibitions on the easterly side of Santa Barbara Street between South Street and Roundhouse Avenue except`.1or 15 feet at each intersection are hereby rescinded. On motion of Councilman Gurnee seconded by - Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Petterson and Jorgensen NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 16th day of August- 1977.. Mayor Pro -Tem Steve Petterson ATTEST: SW-Clerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney Allen Grimes WAP:sgb 8/3/77 Approved as to content: 400i%'A City Administrative Of Nr ity Engine R 3399 RESOLUTION NO. 3397 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING PARKING FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following Parking Fund appropriation account be increased to provide for parking meter modifications as described under Council Resolution 3396. Account No. Description Budget Amount (50) 51- 6713 -311 Parking Meters - Special Departmental Expense $13,000. DR. 51- 0510 -000 Parking Fund Appropriations 13,000. CR. 51- 0600 -000 Unappropriated Fund Balance 13,000. DR. On motion of Councilman Jorgensen seconded by Councilman Gurnee and on the following roll call vote: AYES: Councilmen Jorgensen, Gurnee, Dunin and Petterson NOES: None ABSENT: Mayor Schwartz the foregoing Resolution was passed and adopted this 16th day of August , 1977. ATTEST: C' erk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney jk By Allen Grimes eel Mayor P,ro.=Tem S;tevel- Retterson Approved as to content: City Administra e 0 'cer F ance for R 3397 f RESOLUTION NO. 3396 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING POLICIES FOR PARKING ENFORCEMENT, RE- VISING METERED ZONES, GREEN ZONES, LOADING ZONES, TAXI ZONES, ADDING HANDICAPPED ZONE, AND CHANGING PARKING LIMITS AND METERS IN PARKING LOT NO. 4. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. PARKING ENFORCEMENT. 1) Taxicabs may park in any r.-,metered space in the downtown area with- out payment, provided the driver is present. 2) Time limits in all parking lots and on- street spaces in the down -. town area are to be strictly enforced: SECTION 2. METER CHANGES. 1) Meters will be removed from the 1000 block of Pacific Street. Day- time and night time restrictions on parking are rescinded. 2) Two -hour meters are authorized in the 1000 and 1100 blocks of Nipomo Street, in the 900 block of Mill Street, and on the west side of the 700 block of Osos Street. 3) Two -hour meters are authorized to replace 10 -hour meters in the 700, 800 and 900 blocks of Pacific Street, in the 1300 block of Osos Street, and in the 1200 blocks of Garden Street and Broad Street. 4) Ten -hour meters are authorized to replace two-hour meters on the east side of the 1000 block of Santa Rosa Street. SECTION 3. GREEN ZONES. 1) All green zones in the downtown area are to be metered except those Along the north side of the 900 block of Palm Street and along the Marsh Street and Morro Street frontage of the Post Office. 2) All metered green zones in the downtown area are to have a.30•minute time limit. R 3396 Resolution No. 3396 (1977 Series) 3) All unmetered green zones in the downtown area are to have a 15 minute time limit. 4) One green space is to be installed at the beginning of each metered block in the area bounded by Santa Rosa, Pacific, Nipomo, and Palm Streets (exclusive of the border streets). a) The green space on the south side of the 1000 block of Marsh .Street will be the second space. b) No green space to be installed on the north side of the 900 block of Higuera Street. 5) The following _green, spaces are to be removed: a.) On the east side of the 1300, block of Osos Street. b) On the west side of.the 900 block of Morro Street. c);On; the west side of the 700 block of Osos Street. d) On the north side of the 800 block of Monterey Street commencing 65 feet west of the westerly property line of Morro Street and extending westerly. e) On the east side of the 1200 block of Morro Street. 6) Additional green spaces are authorized on the west side of the 1200 block of Morro Street commencing 180 feet southerly of the southerly property line of Marsh Street and extending southerly to Pacific Street. 7) Additional green spaces are authorized on the easterly side of the 800 block of Osos Street, commencing at the southerly line of Mill Street and extending 252 feet southerly. 8) Additional green spaces are authorized on the westerly side of Osos Street commencing 135 feet southerly of the southerly line of Mill Street and extending: 97 feet southerly. - 2 - Resolution No. 3396 SECTION 4. LOADING ZONES: 1) The following loading zones are to be removed: (1977 Series) a) On the south side of the 600 block of Higuera Street (Academy of Dance). b) On the west side of the 900 block of Osos Street (Andrews Building) . c) On the south side of the 900 block of Monterey Street (Anderson Hotel). d) On the south side of the 900 block of Mill Street (Pacific Telephone Company) . e) On the west side of the .1000 block of Morro Street (Copeland' s) f) On the north side of the 800 block of Monterey Street (Holser's). 2) The following loading zones are to be_r.e.locat.e.d: a) On the south side of the 800 block of Palm Street, from near __) Chorro Street to a new location commencing 147 feet easterly of Chorro Street and extending 40 feet easterly. b) On the south side of the 800 block of Monterey Street, from the front of Forden's to a new location commencing 234 feet easterly of Chorro and extending 44 feet easterly. c) On the east side of the 1000 block of Morro Street, from the front of Friar Tuck's to a new location commencing 15 feet northerly of Higuera Street and extending 44 feet northerly. 3) The following loading zones are_to_be reduced in length a) On the north side of the 700 block of Higuera Street (Baker Bros.), shorten east end by 22 feet. b) On the north side of the 800 block of Marsh Street, shorten westerly end,by 22 feet. - 3 - Resolution No. 3396 (1977 Series) 4) The following loading zones are to:be_added.or._lengthened: a) On the west side of the 1000 block of Chorro Street, extend northerly end 44 feet northerly. b) On the north side of the 600 block of Higuera Street commencing 81 feet westerly of the westerly line of Broad Street and extending 22 feet westerly. c) On the west.side of Osos Street commencing 48 feet southerly of the southerly line of Mill Street and extending 37 feet southerly.. d) A bus loading zone on the west side of Osos Street_ commencing 232 feet southerly of the southerly line of Mill Street and extending 20 feet southerly. SECTION 5. TAXI ZONES. 1) The following taxi zones are to be removed: a) On the south side of the 900 block of Monterey Street. b) On the s6uth.�sdejofFthe8007 lilock7of HigueraSStreef: SECTION 6. HANDICAPPED PARKING'ZONES.." 1) A handicapped parking .zone is authorized on the west side of the 800 block of Osos Street commencing 116 feet southerly of the southerly line of Mill Street and extending 20,feet southerly. SECTION T. PARKING LOT NUMBER 4. 1) The 21 spaces in the northerly portion of Lot No. 4 are to be changes to permit parking at a $15.00 per month rate. On motion of Councilman Gurnee, seconded by Councilman Jorgensen, and on the following roll. call vote: AYES: Gurnee, Jorgensen, Dunin, Petterson NOES: None ABSENT: Schwartz -4- Resolution No. 3396 (1977-Series) the foregoing Resolution was passed and adopted this --16th_ day of August 1977. ATTEST: Clerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER,, de la MOTTE & LILLEY City Attorney By Allen Grimes Mayor ro =Tam Steve Patterson Approved,as to content: 3L City Administrative Ofr\car Dir6ctbrof Public Services - 5 - C :> RESOLUTION NO. 3395 (1977 Series) C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE COUNTY OF SAN LUIS OBISPO TO PARTICIPATE IN THE CONSTRUCTION OF A PARKING GARAGE AT THE CORNER OF OSOS AND PALM STREETS. AND REPEALING RESOLUTION NO. 3381. WHEREAS, the City has conducted a comprehensive study of the parking problem in the downtown area; and WHEREAS, the study has recommended a program which includes the construc- tion of a three level parking garage on the northerly one =half of the block bounded by Osos, Palm, Morro and Monterey containing approximately 400 spaces; and WHEREAS, the report identifies the County's block as having a deficit of 243 spaces, 170 of which cannot be satisfied in a reasonable manner in surrounding blocks; and WHEREAS, the City needs to develop further information regarding possible financial participation in the development of a parking garage; The City Council hereby resolves to: 1. Request the County to make a commitment to participate financially with the City in the construction of an approximate 400 -space facility with the exact amount and method of participation to be negotiated between the City and the County. 2. Request that the County determine its needs for parking and prepare a proposed statement of policy for submittal to the City Council for its meeting of October 4, 1977, or as soon thereafter as practical in order that the City may proceed in an orderly manner with its planning. 3. Resolution No. 3381 (1977 Series) adopted August 2, 1977 is rescinded. On motion of Councilman Gurnee, seconded by Councilman Jorgensen, and on the following roll call vote:. RDM:pv 8/17/77 R 3395 Resolution No. 3395 AYES: Councilmen Gurnee, Jorgensen and Petterson NOES: None ABSENT:: Councilman Dunin and Mayor Schwartz (1977 Series) the foregoing Resolution was passed and adopted this 16th day of August, 1977. Mayor Pro -Tem Steve Petterson ATTEST: C10 Cl J.H. Fitzpatrick Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney City Administrative*,Qfficer R.D. Miller r By Allen Grimes City Ong' eer Wayne Peterson RESOLUTION NOS. 3394 (1977 Series) A RESOLUTION LEVYING A TAX FOR THE 1977, -7,8' FISCAL YEAR UPON ALL TAXABLE PROPERTY WITHIN THE CITY OF SAN LUIS OBISPO AND FIXING THE RATE OF SUCH TAX. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 51511 of the California Government Code, there is hereby levied upon all taxable real and personal property within the City of San Luis Obispo, County of San Luis Obispo, State of California, a tax for the 1977 -78 fiscal year of said City; beginning on the first day of July, 1977, and now current, of $1.19`, on each One Hundred Dollars ($100.00) in value of said property, for the purposes herein specified and apportioned among the funds in the City Treasury*as, follows: a) For the General Fund, there is hereby levied a tax of $0;66:�� on each One Hundred Dollars ($100.00) in value of said property. b) For the Public Improvement and Betterment Fund of said City, there is hereby levied a tax of $0.30 on each One Hundred Dollars "($100.00) in value of said property. c) For the Library Fund of said City, there is hereby levied a tax of $0.03 on each One Hundred Dollars ($100:.00) in value of said property. d) For the Park $ Recreation Fund of said City, there is hereby levied a tax of $0.20 on each One Hundred Dollars ($100.00) in value of said property. SECTION 2. The City Clerk is hereby directed to transmit certified copies of this Resolution to the County Auditor. R 3394 l Resolution No. 3394 (1977 Series) On motion of Councilman Gurnee seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Gurnee, Jorgensen and Petterson NOES: None ABSENT: Councilman Dunin and Mayor Schwartz the foregoing Resolution was passed and adopted this 16th day of August , 1977. ATTEST: lark J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER de la MOTTE $ LILLEY City Attorney By Allen Grimes Mayor P.fo_Tehi Steve Petterson Approved as to content: City Administrati Officer - 2 - . r �e RESOLUTION NO. 3393 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL IMPROVEMENT FUND APPROPRIATION FOR THE 1977/78 FISCAL YEAR AND AUTHORIZING A TRANSFER OF FUNDS.. 1. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following Capital Improvement Fund appropriation account be increased to provide additional funds necessary for the construction of Laguna Lake Fire Station No. 4. Account No. Description Budget Amount (40) 40- 4161 -626 Laguna Lake Fire Station # 4 $50,000. DR. 2. BE IT FURTHER RESOLVED that the following transfer from the Capital Improvement Reserve account is authorized to provide for the above increase. Account No. Description Budget Amount 40- 0430 -000 Capital Reserve $50,000. DR. 40- 0510 -000 Appropriations 50,000. 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 the foregoing Resolution was passed and adopted this 2nd day of August , 1977. ATTEST: Ci Clerk J .H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SIN de la MOTTE & LILLEY City Attorney Approved as to content: 9!§No LL City Administrative 0 er . / C� x (JA Finance Dir or R 3393 ��D RESOLUTION NO. 3392 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby finds and confirms the existence as of August :.2, 1977, of duly imposed liens in the amounts and upon the real property parcels set forth in Exhibit "A" delinquency list attached hereto. Said liens were imposed for weed abatement costs incurred by the City upon said parcels and are in accordance with provisions of the City's Municipal Code. 2. The City Clerk is directed to send a certified copy of this resolution to the Auditor- Controller of the County of San Luis Obispo for collections of said liens along with regular City property taxes. On motion of Councilman Gurnee seconded by Councilman_Dunin. , and on the following roll call vote: AYES: Councilmen Gurnee,.Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of August , 1977. ATTEST: r Ci erk J.H. Fitzpatrick Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY� City Attorney s R 3392 DELINQUENT WEED ABATEMENTS Parcel Tax Rate Assessment Number Area Amount Year 04- 842 -12 003 -00 64.50 1976 53- 181 -32 003 -00 193.00 1976 02- 294 -18 003 -00 40.24 1976 03- 781 -08 003 -00 48.74 1976 04- 833 -10 003 -00 17.50 1976 04- 833 -02 003 -00 42.50 1976 04- 833 -04 003 -00 42.50 1976 04- 833 -03 003 -00 42.50 1976 04- 524 -01 003 -00 55.00 1976 52- 134 -35 003 -00 55.00 1976 52- 244 -21 003 -00 67.50 1976 03- 739 -11 003 -00 42.50 1976 52- 022 -18 003 -00 58.50 1976 03- 561 -01 003 -00 30.00 1976 04- 762 -12 003 -00 24.24 1976 04- 764 -15 003 -00 55.50 1976 53- 181 -27 003 -00 55.00 1976 53- 212 -09 003 -00 67.50 1976 53- 102 -22 003 -06 49.00 1976 53- 171 -18 003 -06 54.50 1976 53- 151 -29 003 -06 63.74 1976 EXHIBIT "A„ RESOLUTION NO. 3391 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING THE APPEAL OF MAYNARD F. MARQUARDT TO THE APPROVAL OF THE PLANNING COMMISSION OF USE PERMIT U -0610 FOR USE OF THE PROPERTY AT 51 FOOTHILL BOULEVARD FOR A DAY SCHOOL. WHEREAS, the Planning Commission by Resolution No. 1094- 77.approved the issuance of a conditional use permit to the Calvary Baptist Church for the use of the property at'51 Foothill Boulevard for purposes of a day school; and WHEREAS, Maynard F. Marquardt filed an appeal to said use permit con- tending that the proposed school did not meet City fire flow requirements; and WHEREAS, the City Council held a public hearing on the appeal on July 19, 1977, and considered testimony for and against the appeal; and WHEREAS, the City Fire Marshal testified that the proposed school complied with fire flow requirements because the structure was not being expanded and the use of the structure was not being changed; and WHEREAS, the City Council made the following findings in connection with said use permit: (a) The proposed use will be compatible with the surrounding neighbor- hood and will not have an adverse effect on the neighborhood with specified conditions of approval. (b) The proposed use will have no significant adverse impacts upon the environment. (c) The applicant has agreed to construct fencing around play areas and install additional landscaping. (d) The proposed use and use permit will be reviewed on an annual basis to assure compatibility with the neighborhood. (e) The applicant will install additional street school warning and speed signs on Foothill Boulevard. NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: DS /AG:ktm 7/22/77 R 3391 Resolution No. 3391 (1977 Series) SECTION 1. The appeal of Maynard F. Marquardt ; ii_ - -'denied and Use Permit No. U- 0610 - s,\- approved subject to the following conditions: (a) The total school enrollment shall be limited to 100 students. Total enrollment may change upon review by the Planning Commission. (b) Applicant shall meet the requirements of Title 19, California Administrative Code and any other State requirements pertaining to schools. (c) Applicant shall install a heat activated fire alarm system which terminates at the fire station, to the approval of the Fire Department. (d) Applicant shall restripe parking lots as necessary to meet City standards to the approval of the City Engineer. (e) Applicant shall purchase and install school warning, speed street signs, and box dots, to the approval of the City Engineer.. (f) Use permit shall be reviewed by the Planning Commission in one year (June, 1978) to determine its compatibility with the area and may be modified by additional conditions or revoked if %deemed to be incompatible., (g) Applicant shall install any sewer improvements required by the Chief Building Official if at any time in the future, the City determines that there are sewer problems at this facility. All improvements shall conform to applicable codes. » (h) Landscaping and fencing of the site shall be subject to the approval of the Community Development Director. (Play area shall be fenced for contain= ment of the children.) SECTION 2. The City Clerk shall furnish a copy of this Resolution to the Calvary Baptist Church and to.Maynard F. Marquardt. On motion of Councilman Gurnee.._____ seconded by ..Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Gurnee,, Jorgensen, Petterson, Dunin and Mayor Schwartz NOES: None` ABSENT: None the foregoing Resolution was passed . ATTEST: Ci;�'ik DS /AG :Itm 7/22/77 adopted this 2nd day of August 1977. . Schwartz Page 2 Resolution No. 3391 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney ` a By Allen Grimes DS /AG:ktm 7/22/77 (1977 Series) Approved as to content: Page 3 RESOLUTION NO. 3390 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING PARKING PROHIBI- TIONS ON PORTIONS OF BROAD STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Parking prohibitions on the westerly side of Broad Street beginning at a point 106 feet southerly of the intersection of the easterly prolongation of the southerly property line of Mill Street and thence continuing 10 feet southerly are hereby rescinded. Section 2. Parking prohibitions on the westerly side of Broad Street beginning at a point 133 feet southerly of the intersection of the easterly prolongation of the southerly property line of Mill Street and thence continuing 55 feet southerly are hereby rescinded. On motion of Councilman Gurnee , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None IXWWrIi=1. the foregoing Resolution was passed and adopted this 2nd day of August 1977. ATTEST: r nennetn n. bcnwartz Fitzpatrick i R R 3390 Resolution No. 3390 Approved as to form: WENDT, MITCHELL, SINSHEINER, de la MOTTE & LILLEY City Attorney "VIWOL �*� By Allen Grimes WAP:sgb 7/22/77 ,J (1977 Series) Approved as to content: City Administrative 0 ficer City n ineer .; Lf RESOLUTION NO. 3389 (1977 Series) follows: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH SAN LUIS OBISPO COUNTY HOTLINE, INC. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement with San Luis Obispo County Hotline, Inc., a copy of which is attached hereto, marked as Exhibit "A ", and incorporated herein by such reference, is approved and the Mayor author- ized to execute on behalf of the City. SECTION 2. The City Clerk shall furnish a copy of this Resolution together with an executed copy of the agreement to San Luis Obispo County Hotline, Inc. and Finance Director. On motion of Councilman Gurnee , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was pas ATTEST: s� CrerK J.H. Fitzpatrick Approved to form: WENDT, MITCHELL, S NSHEIMER, de la MOTTE & LILL City Atto.9ey By Allen Grimes and adopted on this 2nd day of August, 1977. Kenneth E. Schwartz. Approved as.to.content: R 3389 A G R E E M E N T San Luis Obispo County Hotline, Inc. THIS AGREEMENT, dated July 1, 1977, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (sometimes referred to herein as "City "), and SAN LUIS OBISPO COUNTY HOTLINE, INC„ a non - profit corporation (sometimes referred to herein as "Hotline "). WITNESSETH WHEREAS., Hotline has requested City to contribute to Hotline's public service program of providing counseling and referral service to persons residing within the City,thereby serving both a public and a municipal purpose, NOW, THEREFORE, City and Hotline, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Hotline agrees to continue its counseling and referral service program on a regular basis for the period Julyll„ 1977, through June 30, 1978. 2. Hotline will provide City with monthly summary reports describing the type and quantity of services provided, and listing funds expended and funds received by Hotline from other sources. Said reports shall be in a form approved by City's Human Relations Commission (exhibit "B ", attached). 3. City agrees to pay Hotline the total sum of Two Thousand Four Hundred Dollars ($2,400.00) for services actually provided during said period, payable monthly at the rate of $200.00 per month on or before the last day of each and every month, commencing July 31, 1977, and continuing through June 30, 1978. 4. On or before January 31, 1978, Hotline will provide City with a detailed statement of types of services provided to City residents and the number of City residents provided with such services during the period January 1, 1977, through December 31, 1977. 5. Hotline and all of its agents, representatives, and participants in any manner in the performance of Hotline's obl.:igations and duties hereunder shall be employees, independent contractors or volunteers for Hotline and shall not for any purpose be considered as employees or agents of City. Hotline agrees to hold City harmless and to defend City in any action, proceeding or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Hotline is an employee or agent of City, including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 6. The City Council may by motion.terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to Hotline. Said termination shall be effective thirty (30) days after City mails notice of termination to Hotline. 7. For the purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: City Clerk PO Box 321 San Luis Obispo, CA 93406 HOTLINE: San Luis Obispo County Hotline, Inc. PO Box 654 San Luis Obispo, CA 93046 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized. SAN LUIS OBISPO /COUNTY HOTLINE, INC. Cha i�person Treasurer CITY OF SAN LUIS OBISPO By: Mayor Kenneth E. Schwartz .. 0 ATTEST`. By: C.ity Clerk J.H. Fitzpatrick Approved as to form: Wendt, Mitchell, Sinsheim r, de la Monte & Lilley City Attorney By: Allen Grimes n Approved as to content: jz/7 -13 -77 pg 3 rperson LI) V) 0 z M C; - C) Ell 0 1.,am interested in Hotline. Please send more information. . w-, I would like to volunteer. I am a professional who would like to help. V. > 0 0 O x 0 > rD 0 0 0 :1 CD 0 E; n to ro Ca W -O, 0 0 0 0 0 rD W W 0 0 E3 eD 0 N cr CD fl� 0 0 (D 0 5- 0 C7, CD 0 cCD rD • 0 0 o 0 CD W CD M. 0 0 C) 0 rD CD - 0 rj 0 0 Co 0 0 0 CD M 0 (D -0 CD 0 0 r M CL 0 CD (D LA rro (D q 0 C: 4 CD 0 0 0 LA :I -, 0 rz - 1 P a W rD Lm 0 W 6 E3 E3 0 IT SL) W W CD 0 CD rD CD CL m CD . 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My comments are ame Address Occupation City HL l2a. Phone i Fr Fr W GUIDELINES FOR REPORTING results.of city funding of HOTLINE during 1977-78 fiscal year Philosophic Assumption: Aim to help people help themselves: General Guidelines: 1. Determine what services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3• Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines: 1. Service - Twenty -four (24) hour answering service for crisis - calls ;. providing information and referral on a confidential basis for all residents of the city (but not excluding others). .2. Agency - Hotline. 3• Measurement of performance - unit cost per cli'.ent. 4. Payment - monthly, upon receipt of the following: a. Summary of clients assisted during past month, including: - number of clients, - place of residence (SLO City, SLO County, other - city by name if within County ) insofar as possible. distribution of cal,is by problem category + average number of calls per day, - number of times each client made contact (insofar as possible), - how was the'cl'ient helped? referral II direct service 1.1.1 information only., - IV pending - such other statistical data as may be helpful to Hotline, and information for reporting purposes. , b. Secretary's Report (if any) - for month immediately past. c.. Treasurer's Report* - for month immediately past. d. Board Minutes - for most recent meeting. 5• A9ency to provide current- copies of its bylaws /constitution and current list of board members and officers. 6.. Agency to notify.HRC of all regular and special meetings of Hotline's Board. 7• Agency to provide for an annual audit by an independent auditor. any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of appropriate vouchers. HRC /July, 1977 99 EXHIBIT B follows: N U RESOLUTION NO. 3388 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH FAMILY SERVICES CENTER. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement with Family Services Center, a copy of which is attached hereto, marked as Exhibit "A ", and incorporated herein by such reference, is approved and the Mayor authorized to execute on behalf of the City. SECTION 2. The City Clerk shall furnish a copy of this Resolution together with an executed copy of the agreement to Family Services Center and Finance Director. On motion of Councilman Gurnee ., seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSNET: None the foregoing Resolution was passed ATTEST: r Clerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, INSHEIMER, de la MOTTE & L EY City Attorney By Allen Grimes Approved as to content: -<AISK City Administrative 0 cer tnan`cr Dire or R 3388 7. A G R E E M E N T Family Services Center THIS AGREEMENT, dated.July 1, 1977, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (sometimes referred to herein as "City ") and FAMILY SERVICES CENTER, an unincorporated association (sometimes referred to herein as "Center "). WITNESSETH WHEREAS, Center has requested City to contribute to Center's public service program of providing "individual and group counseling in the area of individual family or marital problems or for premarital counseling for young adults, "as set forth in Exhibit "A" attached hereto; and WHEREAS, said counseling Will be available to residents of the City, thereby serving both a public and a municipal purpose; NOW, THEREFORE, City and Center, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Center agrees to continue to make its counseling services available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1977, through June 30, 1978. 2. City agrees to pay Center a total sum of Two Thousand Two Hundred Dollars ($2,200) for services actually provided during said period, payable monthly in twelve (12) equal installments on or before the last day of each and every month, commencing July 31, 1977, and continuing through June 30, 1978. 3• Center will provide City with monthly summary reports describing the type and quantity of services provided, and listing funds expended and funds received by Center from other sources. Said reports shall be in a form approved by City Human Relations Commission (Exhibit "B ", attached).. 4. On.or before January 31, 1978, Center will provide City with a detailed statement of the types of services provided to City residents and the number of City residents provided such services during the period January 1, 1977 through December 31, 1977• 5• tenter and all of its agents, representatives, and participants in any manner in the performance of Center's obligations.and duties hereunder shall be employees, independent contractors, or volunteers for Center and shall not for any purpose be considered as employees or agents of City. Center agrees to hold the City harmless.and to defend the City in any action, proceeding or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Center is an employee or agent of the City, including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 6. The City Council may by motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to Center. Said termination shall be effective thirty (30) days after City mails notice of termination to Center. 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: City Clerk PO Box 321 San Luis Obispo, CA 93406 CENTER: Family Services Center 1160 Marsh Street Suite P San Luis Obispo, CA 93401 .. E IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized. ATTEST: By: City Clerk J.H. Fitzpatrick Approved as to form: Wendt, Mitchell, Sinsheime , de la Monte & Lilley City Attorney r � �' Allen Grimes jz/7 =14 -77 FAMILY SERVICES CENTER Chairperson BY: C f...�.Z .; /,Treas-Grer CITY OF SAN LUIS OBISPO By: Mayor Kenneth E. Schwartz Approved as to content: t1 R-i an'ce DZo r Human Rel tions Commission.Chairoerson pg 3 FAMILY SERVICES CENTER Purpose: The primary-purpose is to assist individuals and families in develop- ing their own capabilities to live satisfying and useful lives by providing counseling services to all people, regardless of race, color or creed. Service: Family Service Center is designed to provide individual or group counseling in the area of individual family or marital problems /or for pre- marital counseling for young adults. a. Marital discord situations, ranging from severe incompatibility threatening family violence to rather easily resolved superficial conflicts. b. Disturbed parent child relationships, ranging from run -away situations and battered child cases to minor conflicts. C. One parent home situations in which.responsibility is over - whelming the parent. d. Adolescent.social adjustment.problems often associated with either drug or alcohol abuse. e. Unmarried mothers and fathers seeking help as they face illegitimate parenthood. f. Adults recuperating from marital break -up and experiencing difficulty in social, emotional and economic readjustment. g. Persons or families who seek help in money management and financial planning. Staff: All 31 counselors are professional people in' the community. They are state licensed marriage, family and child counselors, ministers, or college or high school counselors. They volunteer their time and receive no part of any fees collected. Fees: Fees are based on an ability to pay and fall in a range of $1.00 to $30.00 per family per week. No one, however, will be denied service be- cause of inability to pay. The exact fee in each case will be determined by the person and the counselor. All fees collected are used to pay ad- ministrative expenses for Family Services Center, such as telephone, office supplies, and rent. Family Services Center does not duplicate the work of other agencies. When psychological or psychiatric treatment is needed, referrals are made to Mental Health or to private practitioners, according to client preference. When welfare services are needed, referrals are made to public welfare; when adoptions are needed,. referrals are made and so on. Family Services works closely with Hotline, the Probation Department and other agencies. It fills a great need by helping people locate the agency.where their.specific needs can be met. EXHIBIT A .n GUIDELINES FOR REPORTING results of city funding of 'FAMILY.SERVICES CENTER during 1977••7 fiscal year Philosophic Assumption: Aim to help people help themselves: General Guidelines: .1. Determine what services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3• Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific.Guidelines: 1. Service - face to face counseling and referral for city residents (but not excluding others) at modest or no cost for persons other- wise unable to afford private counselors. 2. Agency - Family Services Center 3• Measurement of performance - unit cost per client. 4. Payment - monthly, upon receipt of the following: a. Summary of clients assisted during past month, including: - number of clients, - place of residence (SLO City, SLO County, other - city by name if within County), - type of counseling problem, - number of counseling hours provided, - phone tally of others assisted. b. Executive Counselor's Report - for month immediately past. c. Treasurer's ,Report* - for month immediately past. d. Board Minutes - for most recent meeting. 5• Agency to provide current copies of its bylaws /constitution and current list of board members and officers. 6. Agency to provide for an annual audit by an independent auditor. any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of appropriate vouchers. HRC /July 1977 j r. EXHIBIT B follows: RESOLUTION NO. 3387 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH GRANDMOTHER'S HOUSE OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis. Obispo as SECTION 1. That certain agreement with "Grandmother's House" of San Francisco, a copy of which is attached hereto, marked as Exhibit "A ", and incorporated herein by such reference, is approved and the Mayor authorized to execute on behalf of the City. SECTION 2. The City Clerk shall furnish a copy of this Resolution together with an executed copy of the agreement to "Grandmother's House" and Finance Director. On motion of Councilman Gurnee seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed ATTEST: Cry Clerk J.H. Fitzpatrick adopted this 2nd day of August, 1977. E. Schwartz Approved as to form: Approved as to content: WENDT, MITCHELL, SIN IMER, de la MOTTE & LILLEY City Attorney City Administrative N icer By Allen Grimes finance Dir ct R 3387 0 A G R E E M E N T Grandmother's House of San Luis Obispo THIS AGREEMENT, dated July 1, 1977, for the convenience of the parties , hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (sometimes referred to herein as "City ''), and GRANDMOTHER "S HOUSE OF SAN LUIS OBISPO, a non - profit corporation (sometimes referred to herein as "Grandmother's House ") . WITNESSETH WHEREAS, Grandmother's House has requested City to contribute to Grandmother's House public service program of providing support and strength to "today's small family units by artifically recreating the kinds of_intergenerational relationships that occurred naturally in the oldtime extended family group ", as set forth in Exhibit "A" attached hereto; and WHEREAS, said services will be available to resildents of the City, thereby serving both a public and a municipal purpose; NOW, THEREFORE, City and Grandmother's House, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Grandmother's House agrees to continue to make its services available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1977, through June 30, 1978. 2. City agrees to pay Grandmother's House a total sum of One Thousand Dollars ($1,000.00) for services actually provided during said period, payable monthly in twelve (12) equal installments on or before the last day of each and every month, commencing July 31, 1977, and continuing through June 30, 1978. a 3. Grandmother's House will provide City with monthly summary reports describing the type and quantity of services provided, and listing funds expended and funds received by Grandmother's House from other sources. Said reports shall be in a form approved by City Human Relations Commission, (Exhibit "B ", attached) 4. On or before January 31, 1978, Grandmother's House will provide City with a detailed statement of the types of services provided to City residents and the number of City residents provided such services during the period January 1, 1977 through December 31, 1977. 5. Grandmother's House and all of its agents, representatives, and participants in any manner in the performance of Grandmother's House obligations and duties hereunder shall be employees, independent contractors, or volunteers for Grandmother's House and shall not for any purpose be considered as employees or agents of City. Grandmother's House agrees to hold the City harmless and to defend the City in any action, proceeding or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Grandmother "s House is an employee or agent of the City, including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 6. The City Council may by motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10). days written notice to Grandmother's House. Said termination shall be effective thirty (30) days after City mails notice of termination to Grandmother's House. pg 2 O 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified ma i.1 to the following addresses: CITY: City C-lerk PO Box 321 San Luis Obispo, CA 93406 GRANDMOTHER'S HOUSE: Grandmother's House of San Luis Obispo 285 Hacienda Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed.this agreement by their proper officers duly authorized. ATTEST'. By City Clerk J.H. Fitzpatrick Approved as to form- Wendt, Mitchell, Si sheimer, de la Monte � Lill City At rney By: en brimes jz/7 -14 -77 GRANDMOTHER'S U SAN LUIS OBISPO By: - - By: to izt ,f�r� (j. wwu Treasurer CITY OF SAN LUIS OBISPO By: Mayor Kenneth E. Schwartz Approved as to content: Admini t ativ Officer i �; F i n 'nce D i ftctor Human R(Jations Commission Chairperson pg 3 0 P% EXCERPT FROM 11()U"";� 01� SAN TAIL"') I I.; T?() 13 .AI%"FI-CLE I " I,IAIIE The name of this corporation is Grandmother's ]louse of San Luis Obispo. ARTICLE II - PURPO(- -=2 AND OBJJECTIVES The purpose of the corporation is to support acid strengthen today's small family units by artificially recreatint.r, the k-inds or inter- generational relations hi-ps that occurred naturally Ihi the oldtime extended family group. Within the scope of this purpose, the objectives i of the corporation are: (a) To provide respite- child care for non-employed mothers; (b) To encourage and train young parents to an active role in community affairs that influence family life; (c). To introduce preschool children to a wide variety of human- .kind, including the aged, the handicapped, and various ethnic groups; (d) To teach junior high school and hir-h school Students the U U elements of child care under positive, clicouragin.- circum- stances; (e) To teach college students, majoring in chi Id development about multigenerational. interaction; To provide opportunities for illterrration p Leasure, and sharing or viisdom by senior citizens, the handicapped, and persons oC various ethnic identi.firation-, and to combat the compartmentalization of individuals ari( I I ,soups in our society; EXHIBIT A Pane I of 5 GUIDELINES FOR REPORTING results of city funding of Grandmother's House during 1977-78 fiscal year Philosophic Assumption: Aim to help people help themselves: General Guidelines: 1. Determine what services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3• Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines: 1. Service - respite child care for non - employed mothers of SLO City. 2. Agency — Grandmother's House. 3. Measurement of performance - unit cost per client. 4. Payment - monthly, upon receipt of the following: a. Summary of persons assisted during past month, including: - number, of families, and number and ages of children, - place of .residence (SLO City, SLO County, other - city by name if within County). - number of respite hours provided (per child, and total), - summary of type, service, and amount of in -kind services, - such other statistical data as may be helpful to Grandmother's House, and informative for reporting purposes. b. Coordinator's Report - for month immediately past. c. Treasurer's Report* - for month immediately past. d. Board Minutes - for most recent meeting. 5. Agency to provide current copies of its bylaws /constitution and current list of board members and officers. 6. Agency to notify HRC of all regular and special meetings of Grand- mother's House Board. 7. Agency to provide for an annual audit by an independent auditor. any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of appropriate vouchers. HRC /July, 1977 jz 1 */7=116:1 follows: i� RESOLUTION NO 3386 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH GRASS ROOTS II OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement with Grass Roots II of San i G Luis Obispo, a copy of which is attached hereto, marked as.Exhibit "A ", and incorporated herein by such reference, is approved and the Mayor authorized to execute on behalf of the City. SECTION 2. The City Clerk.shall furnish a copy of this Resolution together with an executed copy of the agreement to Grass Roots II and Finance Director. On motion of Councilman Gurnee , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was ATTEST: and adopted this 2nd day of August, 1977. Kenneth E. Schwartz Ci erk J.H. Fitzpatrick Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER; / de la MOTTE & LILLE City Attorney City Administrative Offic /1 . i By Allen Grimes Finance Di ector R 3386 A G..R E E M E N T Grass. Roots II THIS AGREEMENT, dated July11.,1977, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City ''), and GRASS ROOTS LI, a non - profit corporation (hereinafter referred to as "Association "). WITNESSETH: WHEREAS, Grass Roots.11 is an association of persons formerly participating in the Federal Grass Roots program which was terminated; and WHEREAS, said persons are dedicated to the goals and ideals of the former Grass Roots program; and WHEREAS, City recognizes that the Grass Roots program has served both a public purpose and a municipal purpose, and City desires to see the continuation of the Grass Roots program, or an equivalent thereof; and WHEREAS, Association has represented to the City that it has the manpower and expertise to carry on a.n effective program equivalent thereto; and WHEREAS, Association has provided a satisfactory program with City financial assistance.since April 1, 1972, and both parties desire to continue this worthwhile, community service., NOW, THEREFORE, City and Association, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. This Agreement shall be effective as of July 1, 1977, and shall terminate June 30, 1978. 2. Association agrees to use its best efforts to operate a.program within the City of San Luis Obispo similar to the former Grass Roots program. Services to be provided by the Association include information and referral, crisis counseling, emergency services, a voice of advocacy and other benefits for (but not limited to) low income persons. 3. City agrees to pay Association the total sum of Thirty -Nine Thousand Dollars ($39,000.00) for services actually provided during said period, payable each month at the rate of Three Thousand Two Hundred Fifty Dollars ($3,250.00) per month on or before the last day of each month, commencing July 31, 1977, and continuing through June 30, 1978. 4. Association will provide City with monthly summary reports describing the type and quantity of services provided, and listing funds expended and .funds received by Association from other sources. The reporting shall be done in accordance with.the provisions of the "Guidelines for Reporting ", dated July, 1977, a copy of which is attached hereto, marked Exhibit "B ", and thereby incorporated herein. 5. Association shall not in any manner represent that it is an agency of City. Association and all of its agents, representatives, and participants in any manner in the Grass Roots II program shall be independent contractors of volunteers for Association and shall not be considered as employees or agents of City for any purpose. Association agrees to hold the City harmless and defend the City in any action, proceeding or hearing wherein the cause of action of claim is based upon an allegation that any person participating in the Grass Roots II program is an employee or agent of the City. 6. Association shall hold the City harmless from all claims and liability arising from the operation of the Grass Roots II program. Association shall obtain and keep current a liability insurance policy with property damage coverage of not less than $50,000.00 for eacH person on account of any one occurrence, and with personal injury coverage of not less than $100,000.00 for each person and $300,000.00 total for each occurrence. The.City shall be specifically listed as a named insured in said policy, which shall contain a provision that there shall be no cancellation or material change in coverage without thirty (30) days prior written notice to City. pg 2 7. The City Council may by motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to Association. Said termination shall be effective thrity (30) days after City mails notice of termination to Association. 8. For purposes of notice under this Agreement, all notice shall be considered effective upon being sent.by certified mail to the following addresses: City: City Clerk PO Box 321 San Luis Obispo, CA 93406 Association: Grass Roots II, Inc. 1236 Archer Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized. ATTEST: .City Clerk J.H. Fitzpatrick Approved as to form: Wendt, Mitchell, Si s eimer, de la; Motte & Lille City Attor y By: - Allen Grimes GRA\A ROOT 11, INC:. \ \ \\ f Pres'�� lent By Tr es rer CITY OF SAN LUIS OBISPO By: Mayor Kenneth E. Schwartz Approved as to content: jz/7 -13 -77 pg 3 -J111 EXCERPT FROM The "(00c 0.1 Cllr? Co.Pporution AM be Mi 1,;Ii:- z 2 11, IncorIN?),ated, (.vi,l jre?p pio,poser of h,:P(!ioafLr,.P be rr rcfcovud to cu; Th'i of thf' CoPpovatioa tiv? I.,;I, fk;/ Of la;'7UUP!1 WO Cihl CM th.! last 67(71 Of 1) n 'o'. The i; i,., i J;, 7, /. %,ffi !r-.- o.r l.b., { Corpo)v t 2,)) I s ll, I -A 01 HQuara Street, San Ads WQq,o, California np siq•; otial, 1,1000 an Mg be (i(?:3 -)!7t7tvd by flesol.ution of lho Hoard of Dircctop:: J'Pom ti.mc to tuna. for fhrmnd is to promuto ha/.Ur cfo)nPnun7J.:1 condf lions for 10" lumlloonma 1r1milb-s buis Oblapo. 7% rp:m:mzZ pulposr, (vl(I pol,;,,'rs fo), this Co"popation 7.." formed 0 (he deMopvwnh of the whoIC person (111(1 tho w U-b,?ny of LK, family unit to stranythn" the conmunity in which that QVII has its Pont,. Affil-rC[IIIII LT 1. 7'ho Boar,) of ,,hall b(1 e?omj` os r,)' )?; (/:,') (Onzt, lnolnbor;, of the 1,?otlp,l off' /I;:?., (_•tor.,) be of 01': ppi'l.)(7tr of (4) lllnrnber:-. --hall b"! Of the oj' lw an'i /I oula 1177" I Iq Polo, In, t 7:71 "-2 11 b( ! Pet 'f7f:r"n t((1. 1 0j, thy Couut!f of ,:all Win Obispo, until Atipyl,ni Qg u%wohnant of thaw,�. hy ZrmR;. NOWN'"m Hall by "AlAnts rif Awl I.&: HAQn, WIVIIII. T;ly opf"Nol /7i Pr "hall saroc fry, vt"qPj,InJ jrjqw; oj,. Wyv (4), two M, UIVI MW (1) tivnn thr Wroctors chrovai jigv o", M alld two (1) y,wv t,qva, W&P nwinns'Wra A&I be Wated lop thror (3) paap 10?ms, st thu jy)n;/ orar of ljje: the oriqr7=4 1100-W•w ::A J/, 111 A•q ,Ir ovnliac 01c cxptrw i''p; o.l' [crills of offlxr! I�n wfG, tll,t EXHIBIT A Pq 1 of 9 GUIDEL MES FOR REPORTING results of city funding of GRASS ROOTS II during 1977 -77 fiscal year Philosophic Assumption: Aim to help people help themselves: General Guidelines: 1. Determine what services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3. Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines: I. Service contracted for Drop -in Information and Referral Center and and a voice of advocacy for the low - income community of San Luis Obispo City (but not excluding others). 2. Agency contracted with - Grass Roots II. 3. Measurement of performance - unit cost per case. 4. Payment - monthly, upon receipt of the following: a. Summary of persons assisted during past month, including: Number of cases drop -in telephone II Place of residence SLO City SLO County. (name of city /county area if rural; eg: North County, Coast County, South County) III Outside.of County b, Summary of how persons were helped:. 1 Information only II Crisis Counseling III Referral list agencies referred to) IV Citizen Advocacy (list agencies involved) V Emergency service provided: transportation food clothing shelter VI Other (explain c. Director's Report - for month immediately past. d. Treasurer's Report-', - for month immediately past e. Board Minutes - for most recent meeting. 5• Agency to provide current copies of its by-laws/constitution and current list of Board members and officers. 6. Agency to notify HRC of all regular and special meetings of GR II Board. 7. Agency to provide for an annual audit by an independent auditor. . any travel reimbursements contained thereinto be paid by organization's treasurer only upon receipt of appropriate voucher, which lists actual mileage. HRC /July, 1977 .. r %'ill nl?' n • RESOLUTION NO. 3385 (1977 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL DECLARING CITY PROPERTY AT THE CORNER OF BROAD AND SANTA BARBARA STREETS (NEXT TO 2138 BROAD STREET) OPEN SPACE. WHEREAS, City policy is to treat City property the same as private property in the application of Building and Fire Codes to the development of land next to City property, and WHEREAS, the policy is to protect City property for its future use or sale, and WHEREAS, Pizza Hut Inc. asked the City to make an exception to said policy-for City property adjoining 2138 Broad Street, and WHEREAS, Pizza Hut Inc. :offered to grant $3,000.00 for design and improvement of said City property for the requested exception which would permit them to build within 5 feet of City property using conventional con- struction, and WHEREAS, City staff recommended approval of the request for the following reasons: 1. The park area has always been intended for passive open space. It's not large enough for a major structure. 2. The park.is limited to City ownership for public purposes by deed restriction. 3. Declaring the property "open space" would not keep the City from building minor structures such as a restroom, according to the Chief Building Official. 4. Pizza Hut's $3,000.00 would help the City improve the park. NOW THEREFORE the City Council resolves as follows: That City property next to 2138 Broad Street is declared open space as an exception to City policy for::reasons recommended by staff. That the City accept the $3,000.00 offered by Pizza Hut Inc. for R 3385 Resolution No. 3385 (1977 Series) design and improvements to the City property as a small park. That.staff is directed to work with Pizza Hut Inc. in preparing a park plan ($500 contribution) and collecting the remaining $2,500.00.for park improvements in exchange for declaring the City property open space. On motion of Councilman Gurnee seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz 967*� r_= ABSENT: None the foregoing Resolution was passed ATTEST: J.H. Fitzpa Approved as to form: WENDT, MITCHELL, SINSHE R, de la MOTTE &_LILLEY City Attorney, By Allen Grimes adopted this 2nd :day of August, 1977. Approved.as to content: RESOLUTION NO.. 3384 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE IMPROVEMENTS IN TRACT NO. 568 (BILL POE, DEVELOPER; LOCATED ON LEONA AVENUE AND SAN CARLOS DRIVE). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The off - site improvements and public easements as shown on the final map of Tract No. 568 shall be and are hereby accepted for main tenance by the City of San Luis Obispo. On motion of Councilman_ Gurnee, 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 ATTEST: Ckw C rcT Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY I City Attorney a en Approved as to content: City A ministrative O Leer R 3384 RESOLUTION NO. 3383 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING FINAL PARCEL MAP SLO 77 -51 (CITY OF SAN LUIS OBISPO, APPLICANT; LOCATION: 1260 $ 1280 LAUREL LANE). BE IT RESOLVED by the Council of the City of:'San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map SLO 17 -51 as listed in Resolution No. 3284. SECTION 2. This Council now approves final Parcel Map SLO 77 -51, City of San Luis Obispo, Applicant; Location 1260 $ 1280 Laurel Lane. SECTION 3. The Mayor is authorized to sign the Owner's Certificate and the City Clerk is.authorized to attest to such signing. On motion of Councilman,_Jogensen , seconded by Councilman Dunin , and on the following roll call vote: AYES.: Councilmen Jorgensen, Dunin, Petterson, Gurnee and Mayor Schwartz NOES:. None ABSENT: None the foregoing Resolution was passed 1977.. ATTEST: I Cj�CT-erk - J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLY CITY ATTORNEY TPGktm .7/20/7.7 this 2nd day of August , tL Approved as to content: City Administrative icer- R 3383 (7� (7� RESOLUTION NO. 3382 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 77 -212, LOCATED AT 55 & 63 BROAD STREET AND 555 RAMONA 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 Minor Subdivision 77 -212 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of develop- ment permitted by the R -1 Ob- R,zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of property within the proposed subdivision. (B) That the approval of the tentative map for Minor Subdivision 77 -212 be subject to the following conditions: 1. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 2. Applicant shall install street trees (15 gallon size minimum) to the approval of the Public Services Department_ 3. Applicant shall dedicate a drainage easement over Old Garden creek from top of bank to top of bank for drainage and maintenance purposes. 4. Applicant shall dedicate right -of -way on Ramona Drive, Palomar Avenue and Luneta Drive to the approval of the City Engineer. 5. Final parcel map shall show proposed parcels 3 and 4 combired into one parcel. 6. Final parcel map shall note parcel 2 is not a buildable lot. 7. The property owner shall sign an agreement to: a. maintain two existing oil drums on site for drain oil; b. dispose of collected oil as needed; c. maintain "no oil" signs in legible condition at all on site drainage inlets; d. maintain the area around the oil drums in a clean and orderly condi- tion. Said agreement shall be recorded prior to the recordation of the final map. It shall run with the property for the life of the structures thereon. On motion of Councilman Gurnee seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT:None R 3382 Council Resolution, 3382 r`- Page 2 M.S. 77 -212 the foregoing Resolution was passed and adopted this 2nd day of 1977. / ATTEST: erk J.H. Fitzpatrick Approved as to form:- Wendt, Mitchell, Sinsheimer, de la Motte & Lilley, City AttArney By Allen Grimes August Approved as to content: i y Eng rector Recording Requested By; CITtii OF -SAN LUIS OBISPO When recarded, please return to?�� CITY CLERKS OFFICE City of Son Luis Obispo P.O. Box 321 Son Luis Obispo, CA 93401 o635�tb23r E00000.00CrCR OFFICIAL RECORDS SAN LUIS OBISPO CO., C& G(WFEB ARE WILLIAM E. ZIMARIK COUNTY RECORDER AGREEMENT TIME 1 c 0 Ab THIS AGREEMENT.by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City; " and TROPICANA HOUSING, LTD., hereinafter called "Tropicana." WITNESSETH: WHEREAS, City is concerned about the amount of engine oil that is observed in the City's creek system; and WHEREAS, residents in the Tropicana project have unknowingly allowed engine oil to drain into storm drains which lead directly to Old Garden Creek; and WHEREAS, City and Tropicana wish to cooperate in alleviating this problem; NOW, THEREFORE', pursuant to a condition of Resolution No. 3382, granting tentative approval of Parcel Map SLO 77 -212, Tropicana agrees as follows: oil; 1. To maintain two existing oil drums on site for collection of 2. To properly dispose of collected oil as necessary; 3. To maintain "no oil" signs in legible condition at all on -site drainage inlets; and 4. To maintain the area around the oil drums in a clean and orderly condition. This Agreement shall be recorded: prior to the recordation of the final parcel map and shall run with the property for the life of the structures thereon. 0OL2.049 PACE 679 T W a W M W J a a m TO 446 C O (Corporation as a Partner of a Partnership) r,STATE OF CALIFORNIA COUNTY OF S&PJ L L4 (j L; t, n J S$, `On �� t° E P ✓w b E' !�, % 7 % , he fore me, the undersigned, a Notary Public in and for said State, personally appeared Zn N f-C ke/2 known to me to be the President, and known to me to be the < e�. x ype Secretary of ta )i�cP.n;i� S!. r 4Pin/ c Le ;J i e 2S �Al( , the corporation that executed the within instrument and known t c to a the pmsons a n executed the within instrument on behalf of said corporation. said corporation being, +known to me to he one of the partners of Ti�Cr`ti C. A�.%r= Ra" r L the partnership that a ,toted the within instru nt, and acknowledged to me that such-corporation executed the same as such partner and that such partnership executed the same. WITNESS my ban and ofTici J seal. Signature Name (Typed or Printed) ,;_; Official seal /•_tom`'' CHARLES I- FRUIT 9 NOSANRLUIS OBISPOCCOU14TYIA d ' :t= m My Commission Expires ta_�, MAY 2, 1980 (This.arca for official notarial sane ( rp f (Corporation) O STATE OF CALIFORNIA COUNTY OF San Luis Obispo SS. On December 22, 1977 before me, the undersigned, a Notary Public in and for said State, personally appeared Kenneth E. Schwartz w known to me to be the Mayor Fiesrt%'aF �a��nnnd � cla= known to me to be City Clerk SeereFery of the Tg o 1 n at executed the within Instrument, known to me to be the per�q�t(� ��vv yy cuted the within j Instrument on behalf of the/C'dYpbtu d>Trein named, and a acknowledged to me that suchh corporation executed the within instrument urmant to s • by-laws or a resolution of its P q Y aftiirecrois–(;OUI1C1 I . 4-^�. sueuunnuunumuuuntu:�mauunnontn® WITNESS my hand and official seal. Q MARILYN PERRY NOTARY PUBLIC — CALIFORNIA C Signature ` "4w PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY Marilyn Perry 2 My Commission Expiros July 20, 1979 as Name (Typed or Printed) an unu nualmietuteueussunueueeiueuMMUN FND (1F (1(O WNT _VOL2049 Pa�E 681' (This area for official notarial seal) V IN WITNESS WHEREOF, the parties hereto have executed this agreement this day of rh 1977- ATTEST: y G3 c Approved as to form:. WENDT, MITCHELL, SINSHEIMER, • de la MOTTE & LILLE1 City Attorney By Allen Grimes TROPICANA HOUSING LTD. (Z By i - 45�. , oze �Chsr�� /'l +r 7'he�r' T�Oi% ,�rIT! /•ern sv ydlE✓i� .G Y/,J By / OF SAN LUIS OBISPO Approved as to content: Y0�2049 PAGE UOO KLCORUING R1:t1UEsTt:U BY . TICOR TITLE P.O. BOX 900 432 ESTUDILLO AVENUE SAN LEANDRO, CA 94577 -0453 Foreclosure No. F1096 RECEIVED INC. DOC. No. 28135 _ OFFICIAL RECORDS SAN LUIS OBISPO CO., CA b ti.Uli r MAY 1 7 1991 j'111° 5/17!911 1' 6:Ui.iq j l FRANCIS U. COONEY County Clerk- Reorder �- TIME &00 AN , E ABOVE This LINE FOR RCCOROCR -s u5 'fi.Otiep Inf default JUN 3 1991 IMPORTANT NOTICE CITY CLERK IF Y &WISI48Fh%Y IS IN FORECLOSURE EEC AUSE YOU ARE DEtilND IN YOUR YAYMENIS, TT MAY HE SOLD WITHOUT ANY COUICT ACTION, and you may have 11►e legal right to bring your account in good standing by paying all of your past due paytitents plus permitted costs and expenses within the time permitted by law for reinstatettient of your account, which is normally five business days prior to the date. set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). This amount is $ 172,511.81 as of May 13; 1991 , and will increase until your account becomes current. While your property is in foreclosure, you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. Ifyou fail to make future payments on the loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may inset III;,, you do so in order to reinstate your uccount in good standing. In udditiun, the beneficiary ur mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount you must pay. You may not have to pay the entire unpaid portion of your even though full payment was demanded, but you must pay all umounts in default at the tittle payment is made. However, you and your beneficiary or mortgagee may mutually agree in writing prior to the time the notice of sale is posted (which may not be earlier than the end of the three - ntonth I period stated above) to, among other things, (1) provide additional time ill which to cure the default by transfer of the property or otherwise; or (2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period, you have only the legal right to stop the sale of your property by paying_the_ entire. amount -- demanded by your- creditor._ - -- - - -- - - - -_.. _ _ -___.. __ To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact; BAR -K, INC., a California Corporation Kelly Ng or Diane deBruyn . 432 Estudillo Avenue, San Leandro, CA 94577 (415) 352 -5444 if you have any questions, you should contact a lawyer or the governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you a ►ay offer your property for sate, provided the sale is concluded prior to the conclusion of the foreclosure.. Remember, YOU MAY LOSE LFXmAL RIGHTS IF YOU DO NOT TAKE FRO1NYT ACTION. The undersigned hereby gives notice of a breach of the obligation for which the following IDeed of or transfer in u-ust was yvea: tot.: TROPICANA PROJECT OF SLO,_a California Limited Partnership � Trustee: Bar -K, Inc., a California corporation Dated: September 24, 1990 Recorded: October 11, 1990 as Doc. No. 69638 in Book-Vol.3592 Page 57 of Official Records of the County of San Luis Obispo State of California, and notice of intention to sell or cause the property subject to said decd of or transfer in trust to be sold to satisfy said obligation. All sums secured by said Deed of Trust have been and are declared by the beneficiary to be and are immediately due and payable, by reason of said breaches. . NATURE OF BREACH: Failure to pay monthly payment of 177 511_R1 , and subsequent installments together with all sums advanced by beneficiary under deed of trust. Dated: May 13, 1991 END OF DOCUMENT interest and /or principal due due thereafter; plus late fees; the terms and conditions of said J J 'e Didue deBruyn, Trustee Sale Officer for Bar -K, Inc., a Califo r, 1)i orpor•1JC(11'{1)Tl unl _ M'14rr/:1_1 RESOLUTION NO. 3381 (1977 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE COUNTY OF SAN LUIS OBISPO TO PARTICIPATE IN THE CONSTRUCTION OF A PARKING GARAGE AT THE CORNER OF OSOS AND PALM STREETS. WHEREAS, the City has conducted a comprehensive study of the parking problem in the downtown area; and WHEREAS, the study has recommended a program which includes the construc= R.1/ / :177 tion of a three level parking garage on the northerly one -half of the block bounded by Osos, Palm, Morro, and Monterey containing about 395 spaces; and WHEREAS, the report identifies the County's block as having a deficit of 243 spaces, 170 of which cannot be satisfied in a reasonable manner in surrounding blocks; and WHEREAS, the City needs to develop further information regarding possible financial participation in the development of a parking garage by the County. The City Council hereby resolves to: 1. Request the County to agree to lease 170 spaces in the new structure. The estimated cost per space has been determined by the consultant to be $5,609. If the financing of the structure is through bonding, the County participation may be in the form of a long -term lease at a monthly or annual charge. The suggested rental rate initially would be $16.50 per month per space. 2. Request that the County determine its needs for parking and prepare a proposed agreement for submittal to the City Council for its meeting of October 4, 1977, or as soon thereafter as practical in order that the City may proceed in an orderly manner and with its planning. On motion of Councilman Gurnee , and on the following roll call vote: seconded by Councilman Jorgensen . WP:sgb 7 /26/77 R 3381 Resolution No. 3381 (1977 Series) AYES: Councilmen Gurnee, Jorgensen, Dunin, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of Au ust., 1977. ATTEST: w� Clerk J.H. Fitzpatrich Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney Approved as to content: City Administrative 0 Ncer By Allen Grimes City Eng e_r SOLUTION NO. 3380 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING RATES AND CHARGES FOR WATER SERVICE AND SUPERSEDING ALL PREVIOUS RESOLUTIONS DEALING WITH WATER RATES AND CHARGES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Pursuant to the provisions of Municipal Code Article VII, Chapter 4, Part 1, this Council hereby establishes water rates, charges and deposits. SECTION 1. M.C. Section 7410.2. Deposit Prior to Initiation of Service. All new applicants for service shall establish credit by depositing in advance the amount of $15.00 or the monthly readiness to serve charge, whichever is greater. Such deposit will be either credited to the customer's regular billing, following one year of satisfactory payment history, or applied to the closing bill, whichever occurs first. SECTION 2. M.C. Section 7410.7. Charges for New Service. NOMINAL SERVICE SERVICE METER SIZE INSTALLATION METER INSTALLATION TOTAL 5/8 inch $280.00 $ 70.00 $15.00 $365.00 3/4 inch 1 inch 285.00 100.00 15.00 400.00 1 1/2 inch 480.00 270.00 15.00 765.00 2 inch 500.00 280.00 15.00 795.00 Larger than 2 inch Actual Cost (Normally-installed by applicant.)----- SECTION 3. M.C. Section 7410..8•., Additional Charges —for Water Service: a., Acreage Charge: $1,000 per acre b. Front Footage Charge: $10 per front foot SECTION 4. M.C. Section 7410.12 a:' Meter Removal. 5/8 through 2 inch Larger than 2 inch b. Service Retirement. 5/8 through 2 inch Larger than 2 inch RM:ktm 6/29/77 7/13/77 Retirement or Removal of Meter. $15.00 Actual Cost $75.00 Actual Cost, R 3380 „ lesolution No. 3380 (1977 Series) SECT -ION 5 M C Sect4on -7410 14 R f SECTION 6, M.0 .' - Section .7410..16.. ates or Service. a. READINESS TO SERVE CHARGE: (Monthly charge) ,METER SIZE INSIDE CITY OUTSIDE CITY 5/8'x 3/4 inch $ 2.50 /month $ 5.00 /month 3/4 inch 3.75 7.50 " 1 inch 6.25 12.50 " 1 1/4 inch 10.00 " 20.00 " 1 1/2 inch 15.00 " 30.00 " 2 inch 25.00 50.00 3 inch 45.00 " 90.00 " 4 inch 80.00 160.00 " 6 inch 120.00 " 240.00 " 8 inch 180.00 " 360.00 " 10 inch 240.00 480.00 b.. COMMODITY CHARGE:- $0..65 per 100 cubic feet of water delivered. - - - SECTION 6, M.0 .' - Section .7410..16.. Meter Testing. ,5/8 inch meter test $20,00 3/4 inch meter test 20.00 1 inch meter test 20.00 1 1/2 inch meter test 50.00 2 inch meter test 50.00 Compound Meter Testing: 3 inch $185.00 4 inch 185.00 6 inch 195.00 8 inch 200.00 10 inch 205.00 Compound Fire Meter Testing: 3 inch $190.00 . 4 inch 195.00 6 inch 200.00 8 inch 205.00 10 inch 210.00 10-.x 12 inch r 210.00 ktm_ 7/_13/_7.7 - 2 - ;'.Resolution No. 3380 (1977 Series) SECTION 7. M.C. Section- 7410.17;, - - Restoration: Reconnection- Charge. a. During normal working hours: $ 5.00 b. Weekends, holidays, and after normal working hours: 25.00 SECTION 8. M.C. 'Section 7410.25- Temporary Service on a Fire Hydrant. Persons obtaining water from City fire hydrants pursuant to this section shall use City owned water meters. The fees for the use of said meters shall be as follows: a. A refundable deposit in the amount of $375.00 shall be paid prior to the issuance of the permit and meter. Any damage to said meter other.than normal wear and tear, and any unpaid meter rental fees, shall be payable from said deposit. b. A meter rental fee in the amount of $30.00 per month shall be charged until the meter is returned to the City. SECTION 9. M.C. Section 7410.28. Private Fire Protection Service. a. There shall be no charge for any private fire protection service which is connected exclusively to automatic fire sprinklers and which is equipped and inspected pursuant to the provisions of the Uniform Fire Code Section 13.308(e). b. The monthly.'charge for- all.other private fireprotection'services- shallrbe as follows: 4 inch service connection or smaller $10.00 6 inch service connection 15.00 8 inch service connection 20.00 10 inch service connection 25.00 Rates for service connections larger than 10 inch shall be established on an individual basis by separate resolution - of.the Council..._ ktm 7/13/77 - 3 - Resolution No-3380- (1977 Series) SECTION 10. The rates set forth in this Resolution shall become effective September 1, 1977. SECTION 11. All previous resolutions establishing water rates and charges are hereby superseded. (Nos. 2471, 2762, 2988, 3005, 3064, 3119 and 3294.) _ _On. motion. of Councilman Jorgensen seconded by Councilman Petterson . and on the following roll call vote: _AYES_ Councilmen Jorgensen, Petterson, Gurnee and Mayor Schwartz NOES: Councilman Dunin ABSENT: None the foregoing_Resolution was passed and adopted this 2nd day of Au¢ust , 1977• ATTEST: Cif erk�J.H. Fitzpatrick Approved as to form: Approved as to content: WENDT, MITCHELL, SIN IMER, de la MOTTE $ LILLEY CITY ATTORNEY 0 By Allen Grimes City Administrative Of er irector o- Finance Utilities Engineer Superintendent RM:ktm 6/29/77 - 4 - o RESOLUTION N0.3378 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT POLICE OFFICER THOMAS M. GALLIMORE IS DISABLED. WHEREAS, the City of San.Luis Obispo is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a con- tracting agency determine whether an employee classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of Thomas M. Gallimore, employed by the City in the position of Police Officer, has been filed with the Public Employees Retirement System; and WHEREAS, the City has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, that this Council finds and determines and it does hereby find and determine, that such disability is a result of injury or disease arising out of and in the course of employment; and BE IT FURTHER RESOLVED that the effective date of said retirement is May 10, 1977, the date he was declared permanent and stationary by a doctor of the State Compensation Insurance Fund; and BE IT FURTHER RESOLVED that there is not a possibility of third -party liability present. On motion of Councilman Jorgensen , seconded by Councilman Dunin___, and on the following roll call vote: JG:ktm 7/13/77 R 3378 V • Resolution No. 3378 C (1977 Series) AYES: Councilmen Dunin, Jorgensen, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution was passed and adopted this mgt day of jul y 1977. r Kenneth E. Schwartz ATTEST: � - C' erk� H. Fitzpatrick Appro!nL Approved as to content: WENDT de la City •� City A ministrative icer By Allen Grimes Pefsonnel Direct-di l i` follows: r, RESOLUTION NO. 3377 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENTS WITH THE CHAMBER OF COMMERCE FOR VISITOR INFORMATION SERVICES AND FOR PROMOTION DURING 1977 -78. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. This Council hereby approves the 1977 -78 Visitor Information Service Agreement with the Chamber of Commerce, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by such reference. The Mayor is authorized to execute said agreement on behalf of the City. SECTION 2. This Council hereby approves the 1977 -78 Promotional Service Agreement with the Chamber of Commerce, a copy of which is attached hereto, marked Exhibit "B" and.incorporated herein by such reference. The Mayor is authorized to execute said agreement on behalf of the City. SECTION 3. The City Clerk shall furnish a copy of this Resolution together with executed copies of the agreements to the Chamber of Commerce, the Promotional Coordinating Committee and the Finance Director. On motion of Councilman Jorgensen , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Gurnee and Mayor Schwartz NOES: None 0 ABSENT: Councilman Petterson. the foregoing Resolution was passed and .adopted this 19th day of July , 1977. ATTEST: i J.H. Fitzpatrick JHF:ktm 7/13/77 R 3377 Resolution No. 3377 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes JHF:ktm 7/13/77 (1977 Series) Approved as to content: City Administrativ-'& Officer Fi dace Di ctor (Visitors, 1977 -78) C O N T R A C T THIS AGREEMENT, dated July 1, 1977, for reference purposes, is made and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City and the CHAMBER OF COMMERCE OF SAN LUIS OBISPO, a non - profit corporation, hereinafter referred to as "Chamber "; W I T N E S S E T H: WHEREAS, City desires to continue to promote its advantages as a tourist and recreational center, disseminate visitors information relative thereto, and properly follow up and give consideration to inquiries made from time to time relative to the various activities of the City and its possibilities; and WHEREAS, City desires Chamber to continue to perform certain visitors and tourist information services for City, which City _ believes will be of great advantage and benefit to the City and the citizens, residents, property owners, and taxpayers thereof, and will promote the general welfare; and WHEREAS, Chamber is organized for and quippped to carry on such informational activities on behalf of City, and is in a position to accomplish such aims and purposes of the City in an efficient and economical manner; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided. NOW, THEREFORE, in consideration of the premises and covenants and promises hereinafter set forth, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS: 1. That the foregoing recitals are true and correct and constitute accurate statements of fact herein. 2. Chamber will maintain a public office within City of San Luis Obispo at a location acceptable to the City Council. Chamber will maintain a fully competent staff in this office, including a EXHIBIT „A,l Manager with necessary secretarial assistance. The Chamber office will provide information to visitors and business and professional people. The office will be staffed and open to the public daily during regular office hours seven days per week, excepting during the following holidays - Thanksgiving, Christmas and New Years. Chamber will also maintain telephone services open to the public desiring information, will provide written responses to inquiries, and will distribute appropriate printed material. The information program will include distribution.of such material to local agencies and business for dissemination to their customers and tourists. The Chamber shall also distribute appropriate material to other chambers, tourist agencies and travel organizations in other communities. Except for material which is furnished to the Chamber by the City, the Chamber shall be permitted to charge reasonable fees for material which it distributes. (a) Chamber will employ a Manager and other necessary personnel. The Manager's qualifications will include training and experience in public relations and public information. (b) Chamber will distribute maps and promotional literature about San Luis Obispo and will conduct an informa- tion program including maintaining files on the community's economic data, recreational facilities and events, general business conditions, historic points of interest and cultural activities. This program will be directed toward visitors and others who have interest in the community. (c) Chamber will also maintain a library of literature, business and telephone directories for public use. (d) Chamber will assist in attracting conventions and conferences to the City and assist in making arrangements to enhance the visits of such groups. (e) In all activities, Chamber shall be a public relations agency disseminating information and creating goodwill and advancing the development of San Luis Obispo and its trading area. Chamber furthermore agrees to cooperate in carrying -2- forward community research studies to assist in ascertaining the most favorable long range activities for the community. (f) Chamber will carry on such other duties as may be mutually agreed upon by the parties hereto to promote tourism, conferences, conventions and related business and cultural activities in the community. 3. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Chamber at all times covered by the terms of this agreement, is acting as a free and independent contractor, and not as an agent of City. Any and all supervision and direction by any City official, department or body, shall be only that necessary to provide broad general outlines, and Chamber will use its own initiative and dis- cretion in performing the details of work herein. 4. City shall pay the Chamber the following sums for the furnishing of said services:: (a) Commencing July 1, 1977, and continuing for one year, City will pay Chamber the sum of Fifteen Thousand Two Hundred Sixty- two.Dollars ($15,262) per .year, payable in monthly installments of One Thousand Two Hundred Seventy -one Dollars and Eighty -three Cents ($1,271.83) for the above services, to be expended in the categories and the amounts specified in the attached budget. 5. City shall have the right to audit the books, records and accounts of Chamber at any reasonable time from.time to time. 6. Chamber shall submit a monthly written report of informa- tional services rendered including a record of the number of inquiries, office visits, mailings, and other related activities. 7. Either party may.terminate this agreement at any time by providing sixty (60) days written notice of termination to the other party. 8. All notices in connection with this agreement shall be deemed delivered when placed in the First Class U.S. Mail in a properly stamped envelope -, addressed to the other party at the address shown below. -3- City of San Luis Obispo: Chamber of Commerce of 0 City Clerk P.O. Box 321 San Luis Obispo, CA 93406 San Luis Obispo: Executive Manager 1039 Chorro Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed: CITY OF SAN LUIS "OBISPO Dater by Mayor ATTEST: City Clerk CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC.. Date: by President i by Executive Manager -4- (Promotion, 1977 -78) i C O N T R A C T THIS AGREEMENT, dated July 1, 1977, for reference purposes, is made and entered into by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City ", and the CHAMBER OF COMMERCE OF SAN LUIS OBISPO, a non - profit corporation, hereinafter referred to as "Chamber"; W I T N E S S E T H WHEREAS, City desires to promote its advantages as a tourist and recreational center; and WHEREAS, arranging and obtaining favorable coverage about the community in the various news media likely to be read by potential visitors to the City is an integral part of its promotion as a tourist.and recreation center; and WHEREAS, the coordination and development of cultural and recreational events is a necessary adjunct to the proper promotion of the City: and WHEREAS, the Board of Directors of the Chamber of Commerce has authorized the Chamber to contract with the City to provide these services; and WHEREAS, Chamber staff is qualified and the office is equipped to carry on such activities on behalf of the City; and WHEREAS, City has reviewed the Chamber's proposal to provide such services; and WHEREAS, the provisions of the Government Code of the State of California authorize the expenditure of public funds by a municipal corporation as therein and herein provided. NOW,THEREFORE, in consideration of the premises and covenants and promises hereinafter set forth, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS: 1. That the foregoing recitals are true and correct and constitute accurate statements of fact herein. 2. Chamber will maintain an office suitable for the conduct of EXHIBIT „B,► I � . a promotional program -- this office shall be open during normal business office hours to facilitate contact with news media representatives and to disseminate news releases and promotional information in a professional manner to the various media. 3. Chamber staff shall include personnel qualified in public relations, public information shall be available as necessary to the successful implementation of a promotional program. 4. Chamber shall conduct a promotional and publicity program as directed by the City through liaison with the Chairman of the Promotional Coordinating Committee or his designated representative as specified below. 5. The program conducted by the Chamber shall include but shall not be limited to: (a) The writing, production and distribution of news releases, feature stores, photographs and illustrations, radio and television news materials, informational flyers, graphics, and such personal contacts with the news media as may be necessary. (b) The encouragement and professional assistance necessary to enable local writers, photographers and artists to place their materials dealing with the community in appropriate media. (c) The coordination and development of local events and activities which will: 1. Improve the quality of life in this community. 2. Will attract visitors and tourists to this area. 3,. Will increase local or area participation in both new and existing events and activities. 4. Promote interest in the development of additional community facilities. (d) The maintenance of a file of clippings, news releases and other promotional material that has been produced. (e) Representation at meetings of Promotional Coordinating Committee and other City commissions, including City Council, -2- �l as directed by the Chairman of the Promotional Coordinating Committee. (f) Maintenance of a liaison with various community groups and individuals who can produce information and action in the support of the promotional program. (g) Such other activities and duties as directed by the Chairman of the Promotional Coordinating Committee that would reasonably be a part of the City promotional program. 6. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Chamber at all times covered by the terms of this agreement, is acting as,a free and independent contractor, and not as an agent of City. Any and all supervision and direction by any City official, department or body shall be only that necessary to provide broad general outlines, and Chamber will use its own initiative and discretion in performing the details of work herein. 7. City shall pay the Chamber the following sums for the furnishing of said services: (a) A base rate of Seven Thousand Seven Hundred and Ninety -eight Dollars ($7,798) per year for office and staff services payable in twelve (12) monthly installments of Six Hundred Forty Nine Dollars and Eighty -three Cents ($649.83) each, and; (b) Expenses not to exceed Three Thousand Six Hundred Forty Dollars ($3,640) per year ('in categories and amounts specified in the attached budget) payable upon presentation of monthly report of staff services, which will include invoices of services performed, accompanied by copies of promotional material produced, as justification of expenses claimed. 8. Either party may terminate this agreement at any time by providing thirty (30) days written notice of termination to the other party. 9. All notices in connection with this agreement shall be deemed delivered when placed in the First Class U..S. Mail in a -3- properly stamped envelope, addressed to the other party at the address shown below. City of San Luis Obispo: Chamber of Commerce of San Luis Obispo: City Clerk P.O. Box 321 San Luis Obispo, CA 93406 Executive Manager 1039 Chorro Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed. Date: ATTEST: City Clerk CITY OF SAN LUIS OBISPO by Mayor CHAMBER OF COMMERCE OF SAN LUIS OBISPO, INC. Date: 'by President by Executive Manager -4- O RESOLUTION NO. 3376 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO EXECUTE _ AN EXTENSION_ OF THE CONTRACT WITH THE BUSINESS IMPROVEMENT AREA ADMINISTRATOR•THROUGH JUNE 30, 1978. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby authorizes the Mayor to execute an extension of the contract with Robert I. Corcoran as Administrator for the Business Improvement Area through June 30, 1978, a copy of which is attached hereto marked Exhibit "A" and thereby incorporated herein. SECTION 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the executed agreement to the Business Improvement Area Chairman, the Administrator for the BIA and the City Finance Director. On motion of Councilman Jorgensen , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution was passed and ATTEST: Jerk J.H. Fitzpatrick ,00Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY r.i tv Aftnrnav JHF:ktm 7/13/77 this 19th day of July , 1977. Endorsements for approval as to content: On the Agreement Extension R 3376 AMENDMENT EXTENDING EMPLOYMENT CONTRACT FOR PART -TIME BUSINESS IMPROVEMENT AREA ADMINISTRATOR Dated: Julv 21, 1977 The undersigned parties to the.Business Improvement Area Administrator Employment Contract dated July 1, 1976, hereby agree that the conditions of said contract are amended as follows: The monthly salary of the part -time Administrator Robert I. Corcoran shall be increased to $600.00 net month for the period of July 1, 1977, through June 30, 1978. All other terms and conditions of said contract shall remain in full force and effect. IN WITNESS ZJHEREOF, the parties hereto have caused this Amendment to be executed. ATTEST: City Clerk J.H. Fitzpatrick Approved 'as to form: WENDT, MITCHELL, SIN de la MOTTE & LILLEY CITY ATTORNEY 1 - By Allen Grimes JHF'.ktm 7/13/77 ADMINISTRATOR: Robert I. Corcoran CITY OF SAN LUIS OBISPO: Mayor Kenneth E. Schwartz Approved as to content: City Administrative Officer inance Dire'ctoo -- u N RESOLUTION NO. 3375 (19 77 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND . ORLOFF W. MILLER, AS HUMAN RELATIONS COORDINATOR FOR 1977 -78. 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 Orloff W. Miller., as Human Relations Coordinator for 1977 -78;, 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: Orloff W. Miller,. : the Chairman of the Human Relations Commission . and the Director of Finance. On motion of rn1mr-j1man :Tnrgancan seconded by Councilman Dunin and on the following roll call vote: AYES:. Councilmen Jorgensen, Dunin, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution was passed and adopted this 19th day of July , 19 77 . ATTEST: wo ,,q::r-Ey� Clerk J.H. Fitzpatrick Approved as to'form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Cokporation City Attorney len Grimes . t Approved as to content: City Administrative Of er R 337` J i Z RESOLUTION NO. .3374 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY FIRE DEPARTMENT, P.G.& E., AND SONIC CABLE TV FOR UNDERGROUND UTILITY WORK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City Fire Department, P. G. & E. and Sonic Cable TV for underground*.. utility work associated with Underground. Utility District No. 8 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 an executed copy of the agreement approved by it to all parties named within the agreement. On motion of, Councilman Jorgensen _ , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution was passed and adopted this 19th day OF July 1977. ATTEST: C1•epatrick AG:ktm 7/8/77 yor Kenneth E. Approved as to content: City Administrative. fficer R 3374 AGREEMENT THIS AGREEMENT made by and between PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called PG &E, PACIFIC TELEPHONE AND TELEGRAPH COMPANY, (a California corporation) hereinafter called PT &T, SONIC CABLE TV, INCORPORATED, (a California corporation), hereinafter called CATV, and CITY OF SAN. LUIS OBISPO FIRE DEPARTMENT., hereinafter called FA. RECITALS: 1. .The City of San Luis Obispo has designated, by Ordinance No. 652, an Underground Utility District designated as San Luis Obispo Underground Utility District No. 8 involving the removal of certain overhead electric, communication and municipal facilities. To maintain electric, communication and municipal service within the area of the Underground District, it will be necessary to construct underground electric, communication and municipal facilities. 2. The undergrounding of certain overhead electric, communication and municipal facilities covered by this Agreement shall commence approximately August 1, 1977. PG &E shall call for bids, award and enter into one contract with a reliable and responsible contractor for all excavation, boring, backfilling and repaving work necessary in the construction of an electric, telephone and television underground duct system within the area of the Underground District covered by this Agreement. The terms and conditions of the contract, which will be administered by PG &E, shall be subject to prior review and acceptance by PT &T, CATV, and FA. NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. PT &T, CATV and FA shall each furnish PG &E with plans., including specifications, for the construction of their respective facilities. PG &E shall thereupon prepare coordinated plans, including, specifications, for all underground facilities to be installed under the terms of this Agreement. 2 PG &E shall prepare .a bid form with general conditions, sample form contract, plans and specifications in accordance with the plans and specifications furnished-by PT &T, CATV and FA, delineating all underground facilities to be installed under the terms of this Agreement, and call for bids. 3. On or before July 1, 1977, PG &E,shall open bids. This opening of bids and the awarding of a contract, hereinafter called Contract, shall be conducted in accordance with PG &E Standard Specifications, except as provided herein. The par -ties to the Contract shall be PG &E and the successful bidder. 4.. All bids submitted by any contractors shall be. reviewed by all parties hereto within five days after the bids are opened: Upon acceptance of the bid by all parties, the Contract shall be awarded to the overall lowest reliable and responsible bidder. 5. After commencement of work, PT &T, CATV and FA will make monthly progress payments to PG &E in the amount of 90% of their proportionate share of all work, including any extras, sat- isfactorily completed and in place under the Contract during the month. The remaining 10% of PT &T's share, CATV's share, and FA's share will be paid to PG &E within 20 days of the date of acceptance by.PG &E; PT &T, CATV and FA payments will be determined by PG &E prorating the contractor's monthly invoice (submitted in accordance with the Contract) and billing the appropriate amounts to PT &T, CATV and. FA. Each monthly payment,(except final) will be made within fifteen (15) days after receipt by PT &T, CATV and FA of.PG &E's statement covering the work performed during the month. 6. It is mutually agreed that the costs for the work to be performed under the Contract shall be shared among the parties to this Agreement as follows: a. The cost of trenching, backfilling, paving, removal and reconstruction of existing curbs and sidewalks, preparation of plans and specifications and administra- tion of the Contract shall be shared proportionately by all parties to this Agreement based on the number of parties in each longitudinal section of trench. Since the number of parties in the trench will vary throughout its length, each such variation in the number of parties will constitute a separate longitudinal section of trench for the purpose of determining the sharing of costs. b. The installed cost (which includes labor and materials, except materials, if any, furnished by the parties hereto) of each duct, duct bank, pull box; vault, transformer enclosure, street light, street light foundations or other facility shall be paid for by the party shown to be the owner of such facility on the approved plans or.specifications. This cost shall be determined from the unit prices bid for the work. c. Unless otherwise agreed in writing: (1) each party shall bear the entire cost of all extra work which.may be requested by such party, and (2) each party shall be credited with any savings resulting from work requested to be omitted by such Party under the Contract. 7. PG &E shall be in charge of.the construction work and shall be responsible- for the completion of the work in accordance with the approved plans and specifications of the Contract; however, each party to this Agreement may have an inspector of its own choosing and at its own expense on the job to inspect those portions,of the underground duct system that title is to be vested in upon completion of the work. PG &E will obtain approval of the work from each party to this Agreement, prior to backfilling over the respective parties facility. Prior to installation of any cables in any portion of the underground duct system, each party hereto shall inspect that portion of the system and the curbs, gutters and sidewalks along that portion of the underground duct system and accept responsibility for subsequent damage to the system and improvements caused by its forces while installing the cables. 8. It is mutually agreed that during the progress of the work each party shall have the .right to make any changes, omissions, in or additions to the work, provided that (i) each party shall give advance written notice thereof to all parties to this Agreement; and (ii) if, as a result of such change any one or all of the other -3- Q4 C parties hereto incur an additional expense, the party making such change shall reimburse the other party or parties the amount of such additional expense so incurred. PG &E shall prepare and deliver to the contractor an appropriate contract change order. 9. Each party hereto shall install, own, and maintain the cables, service wires and conductors to be used by it in the underground duct system. Such installation will not be a part of this Agreement or the.Contract. 10. Each party agrees to indemnify the other parties hereto, their officials, agents and employees, against any and all loss, damage, expense or. liability resulting from injury to or death of a person or persons or damage to property connected with the performance of this Agreement which arises solely and directly from the negligence of said party. 11. Upon completion of the work to be performed in accordance with this Agreement, title to those portions of the underground duct system indicated on the plans and specifications as PG &E, PT &T, CATV and FA shall vest in PG &E', PT &T, CATV, or FA respectively. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 20th day of July 19 77 PACIFIC /GAS y9AND ELECTRIC COMPANY By _. Division Manager'-AU? '(its, l THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY By "12 rz L, E. WiCTORIN - D11 T. 1. :G . -FIT. ENGAt Title -4- SONIC /CABLE T.N. By . f ORATED Vice President Title i RESOLUTION NO. 3374 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY FIRE DEPARTMENT, P..G.& E.,, AND SONIC CABLE TV FOR UNDERGROUND UTILITY WORK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City Fire Department, P. G. & E. and Sonic Cable TV for underground utility work associated with Underground Utility District No. 8 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 an executed copy of the agreement approved by it to all parties named within the agreement. On motion of Councilman Jorgensen seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Jorgensen, Dunin, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution was passed and adopted this 19th day of. July 1977. ATTEST: C C erk k J.H. -_ Fitzpatrick AG:ktm 7 /8/77 Approved as to content: City Administrative fficer R 3374 AGREEMENT THIS AGREEMENT made by and between PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called PG &E, PACIFIC TELEPHONE AND TELEGRAPH COMPANY, (a California corporation) hereinafter called PT &T, SONIC CABLE TV, INCORPORATED., (a California corporation), hereinafter called CATV, and CITY OF SAN LUIS OBISPO FIRE DEPARTMENT, hereinafter called FA. RECITALS: 1. The City of San Luis Obispo has designated, by Ordinance No. 652, an Underground Utility District designated as San Luis Obispo Underground Utility District No. 8 involving the removal of certain overhead electric, communication and municipal facilities.. To maintain electric, communication and municipal service within the area of the Underground District, it will be necessary to construct underground electric, communication and municipal facilities. 2. The undergrounding of certain overhead electric, communication and municipal facilities covered by this Agreement shall commence approximately August 1, 1977. PG &E shall call for bids, award and enter into one contract with a reliable and responsible contractor for all excavation, boring, backfilling and repaving work necessary in the construction of an electric,. telephone and television underground duct system within the area of the Underground District covered by this Agreement. The terms and conditions of the contract, which will be administered by PG &E, shall be subject to prior review and acceptance by PT &T, CATV, and FA. NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: 1. PT &T, CATV and FA shall each furnish PG &E with plans, including specifications, for the construction of their respective facilities. PG &E shall thereupon prepare coordinated plans, including specifications, for all underground facilities to be installed under the terms of this Agreement. Y 2. -PG &E shall prepare a bid form with general conditions, sample form contract, plans and specifications in accordance with'the plans and specifications furnished by PT &T, CATV and FA, delineating all underground facilities to be installed under the terms of this Agreement, and call for bids. 3. On or before July 1, 1977, PG &E shall open bids. This opening of bids and the awarding of a contract, hereinafter called Contract, shall be conducted in accordance with PG &E Standard Specifications, except as provided herein. The parties to the Contract shall be PG &E and the successful bidder. 4. All bids submitted by any contractors shall be reviewed by all parties hereto within five days after the bids are opened. Upon acceptance of the bid by all parties, the Contract shall be awarded to the overall lowest reliable and responsible bidder. 5. After commencement of work, PT &T, CATV and FA will make monthly progress payments to PG &E in the amount of 90% of their proportionate share of all work, including any extras, satisfactorily completed and in place under the Contract during the month. The remaining 10% of PT &T's share, CATV's share, and FA's share will be paid to PG &E within 20 days of the date of acceptance by PG &E. PT &T, CATV and FA payments will be determined by PG &E prorating the contractor's monthly invoice (submitted in accordance with the Contract) and billing the appropriate amounts to PT &T, CATV and. FA. Each monthly payment;(except final) will be made within fifteen (15) days after receipt by PT &T, CATV and FA of PG &E'.s statement covering the work performed during the month. 6. It is mutually agreed that the costs for the work to be performed under the Contract shall be shared among the parties to this Agreement as follows: a. The cost of trenching, backfilling, paving, removal and _reconstruction of existing curbs and sidewalks, preparation of plans and specifications and administra- tion.of the Contract shall be shared proportionately by all parties to this Agreement based on the number of parties in each longitudinal section of trench. Since the number of parties in the trench will vary throughout its length, each such variation -7- in the number of parties will constitute a separate longitudinal section of trench for the purpose of determining the sharing of costs. b. The installed cost (which includes labor and materials, except materials, if any, furnished by the parties hereto) of each duct, duct bank, pull box, vault, transformer enclosure, street light, street light foundations or other. facility shall be paid for by the party shown to be the owner of.such facility on the approved plans or specifications. This cost shall be determined from the unit prices bid for the work. 0 c. Unless otherwise agreed in writing: (1) each party shall bear the entire cost of all extra work which may be requested by such party, and (2) each party shall be credited with any savings resulting from work requested to be omitted by such party under the Contract. 7. PG &E shall be in charge of the construction work and shall be responsible for the completion of the work in accordance with the approved plans and specifications of the Contract; however, each party.to this Agreement may have an inspector of its own choosing and at its own expense on the job to inspect those portions of the underground duct system that title is to be vested in upon completion of the work. PG &E will obtain approval of the work from.each party.to this Agreement, prior to backfiiling over the respective parties facility. Prior to installation of any cables in any portion of the underground duct system, each party hereto shall inspect that portion of the system and the curbs, gutters and sidewalks along that portion of the underground duct system and accept responsibility for subsequent damage to the system.and improvements caused by its forces while installing the cables. 8. It is mutually agreed that during the progress of the work each party shall have the right to make any changes, omissions, in or additions to the work, provided that (i) each party shall give advance written notice thereof to all parties to this Agreement; and (ii) if, as a result of such change any one or all of the other -3- w parties hereto incur an additional expense, the party making such change shall reimburse the other party or parties the amount of such additional expense so incurred. PG &E shall prepare and deliver to the contractor an appropriate cont -ract change order. 9. Each party hereto shall install, own, and maintain the cables, service wires and conductors to be used by it in the underground duct system. Such installation will not be a part of this Agreement or the Contract. 10. Each party agrees to indemnify the other parties hereto, their officials, agents and employees, against any and all loss, damage, expense or liability resulting from injury to or death of a person or persons or damage to property connected with the performance of this Agreement which arises solely and directly from the negligence of said party. 11. Upon completion of the work to be performed in accordance with this Agreement, title to those portions of the underground duct system indicated on the plans and specifications as PG &E, PT &T, CATV and FA shall vest in PG &E,.PT &T, CATV, or FA respectively. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 20th day of July , 19 77 PACIFIC GAS AND ELECTRIC COMPANY r, By Division Manaeer J THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY By E. WJCTORIrl - DIs(. r „ca. -FLT. ENGR, Title -4- �t SONIC 'CABLE T.V. INC RPORATED BY vw. i -- Vice President Title By Citle I y `r RESOLUTION NO. 337-3 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING CERTAIN VEHICULAR ROADWAYS WITHIN THE CITY LIMITS AS "ARTERIAL ROADWAYS" FOR FIRE PROTECTION PURPOSES AND REQUIRING FIRE HYDRANT FACILITIES ON BOTH SIDES THEREOF; AND SUPERSEDING RESOLUTION NO. 2465. WHEREAS, the City Council has previously adopted Resolution No. 2465 establishing the need for designation of "arterial roadways" for fire pro- tection purposes; and WHEREAS, additional City streets should be so designated; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The following streets, roadways, or highways within the City limits are hereby designated as "arterial roadways" for fire protection purposes: (a) Broad Street, between Higuera and southerly city limits; (b) California Boulevard (all); (c) Chorro Street, between U.. S: 101 Highway and Broad Street; (d) Edna Road to southerly city limits; (e) Foothill Boulevard, between California Boulevard and westerly city limits; (f) Grand Avenue (all); (g) Johnson Avenue, between Monterey Street and southerly city limits; (h) Higuera Street, between Johnson Avenue and Elks Lane (i) Laurel Lane, between Johnson Avenue and Orcutt Road; (j) Los Osos Valley Road (all);, (k) Madonna Road (all); (1) Marsh Street, between California Boulevard and Higuera Street; (m) Monterey Street, between Chorro.Street and northerly city limits; (n) Orcutt Road (all); (o) Santa Rosa Street, between Marsh Street and Foothill Boulevard; (p) South Higuera Street, between Elks Lane and southerly city limits; (q) South Street (all); (r) State Highway No. 1 (all); (s) U.S. 101 Highway (all). R 3373 MP:ktm 7/11/77 Resolution No. 3373 (1977 Series) SECTION 2. The Fire Chief or his designated representative shall review each proposed development project adjacent to said arterial roadway and shall require the installation of fire hydrant facilities on the project side of said roadways at no greater than 300 foot intervals, or such shorter intervals as will be sufficient in his, opinion to provide adequate fire protection for said project. SECTION 3. Resolution No. 2465 (1973 Series) is hereby superseded. On motion of Councilman Jo_rgensen__,.seconded by Councilman - Dunin_.- and qn the following roll call vote:. AYES.. Councilmen Jorgensen, Dunin, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution i°s-duly passed and adopted this 1977. ATTEST: %K' J.H. Approved -as to form: WENDT, MITCHELL, S HEIMER, de la MOTTE $ LILL City Attorney By Allen Grimes 19th day of July , Approved as to 'content: City Administrative OffXbr Fire Chief - - -- - - - -- R 3373 MP:ktm 7/11/77 - 2 _ RESOLUTION NO. 3372 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT FOR.PARKING METER COIN COUNTING AND A LEASE AGREEMENT FOR COIN COUNTING EQUIPMENT WITH BRINK'S INCORPORATED. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves an agreement between the.City and Brink's Incorporated for parking meter coin counting service. A copy of said agreement is attached hereto marked Exhibit "A" and thereby incorporated herein. The Mayor is authorized to execute said agreement on behalf of the City. SECTION 2.. This Council hereby approves a lease agreement between the City and Brink's Incorporated for lease of City owned equipment needed to perform the coin counting operations. A. copy of said lease agreement is attached hereto marked Exhibit "B" and thereby incorporated herein. The Mayor is authorized to execute said lease agreement on behalf of the City. SECTION S. The City Clerk shall furnish a copy of this Resolution together with executed copies of the agreements to Brink's Incorporated and to the Director of Finance. On motion of Councilman Jorgensen seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Jorgensen; Dunin, Gurnee and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution is passed and adopted this 19th day of July 1977. ATTEST: /f "� .. Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLY City Attorney en Approved as to content: R 3372 ktm 7/11/77 CONTRACT SANTA IMARL4 INBDRAIWI OF AGREES6147 by and between BRINK'S, I`CORPORATED, hereinafter called BRINK'S, and CITY OF SAN LUIS OBISPO, 990 Palin Street, P.O. Box 321, San Luis Obispo; ualifornia 93406i-hereinafter called CITY, executed this 21st day of March, 1977, nunc pro tunc as of November 11, 1976. 1. Brink's agrees to assign two (2) of Brink's employees to report to the Crocker Bank's vault area, which is made available to Brink's wider a lease arrangement between the Crocker Bank and Brink's, at 702 Marsh Street, San Luis Obispo, California and there they shall unlock a metal container belonging to the City with a key furnished to Brink's by the City. Brink's employees shall then remove from the container all the coin which has been collected from the City's parking meters and placed and locked in said container by the City's employees. Brink's employees shall sort, count and package said coin in standard bags using coin equipment leased from the City. Said bags shall be sealed, tagged and delivered to the Crocker Bank at the aforesaid address. 2. It is understood and agreed that the City shall furnish all the necessary . supplies required to perform the services provided for in this contract. 3. It is understood and agreed that Brink's account of the coins actually re- moved from the metal container and Brink's count of such coins shall be binding and conclusive on all parties hereto. 4. The foregoing agreement shall be performed upon request from the City during . regular business hours, except no service shall be performed on any Sunday or a bank, legal or other holiday observed by Brink's Santa '.Maria, California Office. S C H E D U L E DAY or DATE Call at Crocker Bank, 702 Marsh Street, San Luis UPON REQUEST, on days and Obispo, California ------------------------- at a time mutually agreed. upon--- --------------- Deliver to Crocker Bank, 702 Marsh Street, San Luis Obispo, California --------------------- D.4Y------------------ It is understood and agreed that the hereinabove mentioned services shall be performed at a minimum of MIRES deliveries in any one year. S. Brink's agrees to assume liability for any loss of coins removed from the metal container at any one time up to the amount of TWO THOUSAND DOLLARS ($2,000.00). Said liability shall commence only upon the taking of the actual physical possession of such coins by Brink's following the unlocking of the metal container and shall terminate when the total of all coins are delivered to the designated bank as specified hereinabove. 6. Brink's shall not be liable for non - performance or delays not caused by Brink's fault or neglect, nor for non - performance or delays caused by strikes, lockouts or other labor disturbances, riots, authority of law, acts of God or means beyond Brink's control; but Brink's agrees to be liable for the safety of any sum of money received into its possession at any time up to the amount stated in Section 5 hereof. EXHIBIT "A" .. 7 7. It is agreed that Brink's shall not be liable for non- perfor- mance, delays or loss or damage caused by or resulting from: (a) hostile or warlike action in time of peace or war,.including action in hindering, combating or defending against an actual, impending or expected attack, (1) by any govern- 1 meet or sovereipA power (de jure or de facto), or by any authority maintaining,:. or using military, naval or air forces; or (2) by mi litary, naval or air forces; or (3) by an agent of any such government, power, authority or forces; (b) any weapon of war employing atomic fission or radio- active force whether in time of peace or war;..(c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or i defending against such an occurrence, or confiscation by order of any govern- i; ment or public authority; (d) nuclear reaction or nuclear radiation or radio - ii active contamination, all whether controlled or uncontrolled, and whether such ji loss be direct or indirect, proximate or remote, or be in whole or in part ' caused by contributed to, or aggravated by the peril(s) against which Brink's. j assumes liability in this contract; however, subject to the foregoing and all provisions of this contract, direct loss by fire resulting from nuclear reaction or nuclear radiation or radio - active contamination is assumed by !j Brink's. ii 8. (a) For all of the above services the City agrees to pay Brink's, upon i presentation of periodic invoices, the following: 11VELVE DOLLARS ($12.00) per hour or fraction thereof for all time required to complete service on any one occasion. (b) Federal, state and/or local taxes, where applicable, shall be added to the charges herein specified. 9. "4(a) In the event of arty legal action-by Brink's or the City to enforce j! any of the provisions hereunder, then the unsuccessful party to such action j shall pay to the prevailing party therein all court costs and reasonable attorney's fees as fixed or allowed by the court. (b) The illegality or non - validity of any paragraph, clause or provision contained in this contract shall not affect or invalidate the remainder of the contract. 10. It is understood and agreed that services hereunder shall be performed only as long as the lease arrangements stated hereinabove remain in effect unless terminated sooner as provided in Section 11 hereof. 11. This contract shall become operative November 11, 1976 and shall continue for a period of thirty days and thereafter until cancelled by either party to the contract giving thirty days' written notice of intention to cancel. This contract may be altered, amended or superseded in writing or by an executed oral agreement by the parties hereto. CITY OF SAN LUIS OBISPO By Mayor City Clerk Approved as to content: City Administrative Of N Finance Director BRINK'S, INCORPORATED By, As stant Secretary Approved as to form:. WENDT, MITCHELL SINSHEIMER, de la MOTTE& L{LLEY City Attorney /AI By Allen Crimes EQUIPMENT LEASE AGREEMENT This agreement, dated as of November. H , 1976, Is entered Into between-The City of San Luis Obispo, (herein called CITY), and BRINK'S, INCORPORATED, a Delaware corporation (herein called LESSEE)'.' 1. LEASING : In consideration of the covenants herein contained, CITY agrees to lease to LESSEE, and LESSEE to hire from CITY the personal property hereinafter called the equipment, described in Schedule A, attached hereto and made a part hereof, and in any subsequent schedules which may by agreement of CITY and LESSEE hereafter be made a part hereof, upon the following terms and conditions: 2. TERM: The term of this lease with respect to the equipment described In Schedule A shall commence on November 1, 1976. Unless terminated earlier pursuant to Section 9 or 15, or pursuant to the express term of any subsequent schedule, the lease term of each respective unit of equipment shall terminate upon written request. 3. RENT: The rent for the equipment shall be rent free. 4. USE AND LIENS: LESSEE shall use equipment in a careful and proper manner and shall comply with an conform to all national, state, municipal, police and other laws, ordinances and requiations in any way relating to the possession, use or maintenance of the equipment. LESSEE shall leave on the equipment labels, plates or other markings, stating that the equipment is owned by CITY. LESSEE shall keep the equipment free of all liens or other encumbrances or security interests except to the extent they may arise from claims against CITY not related to this lease. 5. INSPECTION BY LESSEE: LESSEE shall Inspect the equipment within forty - eight (48) hours after receipt thereof. Unless LESSEE within said period of time gives written notice to CITY specifying any defect In or other proper objection to the equipment, LESSEE agrees that it shall be conclusively presumed, as between CITY and LESSEE, that LESSEE has fully inspected and acknowledged that the equipment is in good condition and repair, and that LESSEE is satisfied with and has accepted ` the equipment in such good condition and repair. 6. INSPECTION BY CITY: CITY shall at any and all times during business hours have the right to enter into and upon the premises where the equipment may be located for the purpose of inspecting the same or observing its use. LESSEE shall give CITY immediate notice of any attachment or other judicial process affecting any Item of equipment and 'shall, whenever requested by..CITY, advise CITY of the exact location of the equipment. EXHIBIT 11 11 o 7. ALTERATIONS: LESSEE is hereby given the right to make alterations, additions or improvements to the equipment, so long as the value of the equipment is not reduced thereby. All additions, replacements, a;id improvements of whatsoever kind or nature made to the equipment shall immediately become the property of CITY and subject to the terms of this lease. 8. MAINTENANCE AND REPAIR: LESSEE, at its own cost and expense, shall keep the equipment in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the equipment in.,good mechanical and working order. 9. LOSS AND DAMAGE: LESSEE hereby assumes and shall bear the entire risk of loss and damage, whether or not insured, to the equipment from any and every cause whatsoever. No loss or damage to the equipment or any part thereof shall impair any obligation of LESSEE under this lease which shall continue in full force and effect. In the event of loss or damage of any kind whatever to the equipment, or any part thereof, LESSEE shall promptly notify CITY thereof and at the option of CITY shall: (a) Place the same in good repair, condition and working.order; or (b) Replace the same with like property in good repair, condition and working order; or (c) Pay CITY therefore in cash the "full Insurable value" for which the equipment is insured under Section 11. Upon such payment this lease shall terminate with respect to the equipment so paid for and LESSEE thereupon shall become entitled to such. 10. SURRENDER OF EQUIPMENT: Upon the expiration or earlier termination of this lease, with respect to the equipment or any part thereof, LESSEE shall (unless LESSEE has paid CITY in cash the "full insurable value" of the equipment or any part thereof pursuant to Paragraph 9 hereof) return the same to CITY in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering the equipment at LESSEE'S cost and expense to such place / as CITY shall specify within The City of San Luis Obispo. H. TAXES: LESSEE shall pay and discharge all license fees, assessments and sales, use, property and other tax or taxes now or hereafter Imposed by any State, Federal or local government upon any equipment based upon the ownership, leasing, renting, sale,'possession or use of the equipment whether the same be assessed to -2- CITY or LESSEE, together+ -with any penalties or interest in connection therewith, excepting Federal, State or local governmental taxes,.or payments In lieu thereof, imposed upon or measured by Income of CITY. If any tax is, by law, to be assessed or billed to CITY, LESSEE at its expense will do any and all things required to be done by CITY in connection with the levy, assessment, billing or payment of such taxes and is hereby authorized by CITY to act for an on behalf of CiTY in any and all such respects; LESSEE will cause all billings of such taxes to CITY to be made to CITY in care of LESSEE and will from time to time, on request of CITY, submit written evidence of the payment of ail of the governmental obligations mentioned in this paragraph. The obligations of LESSEE under this Paragraph 11 shall continue in full force and effect notwithstanding termination of the lease. 12. LESSEE'S FAILURE TO PAY TAXES, INSURANCE, ETC: Should LESSEE fail to make any payment or do any act as herein provided, then CITY shall have the right, but not the obligation, without notice to or demand upon LESSEE, and without releasing LESSEE from any,obligation hereunder, to make or do the same; and to pay, purchase; contest or compromise any encumbrance, charge or lien which in the judgement of CITY appears to affect the equpment, and in excercising any such rights, incur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor. All sums so incurred or expended by CITY shall be due and payable immediately upon demand and shall bear interest at the rate of seven percent (7 %) per annum. 13. WARRANTIES: LESSEE acknowledges that CiTY is not a manufacturer of the equipment and has not made and does not make any representation. warranty, or covenant, with respect to the condition, quality, durability. suitability', fitness for any purpose, or mechantabllity of the equipment in any respect, or any other representation, warranty or covenant, express or implied. CITY will, however, take any steps reasonably within its power to make available to LESSEE any manufacturer's or similar warranty applicable to the equipment. CITY shall not be liable to LESSEE for any liability, loss, or damage caused or alleged to be caused directly or indirectly by the equipment by any inadequacy thereof or deficiency or defect therein or by any incident whatsoever In connection therewith. 14. INDEMNITY: LESSEE shall indemnify CITY against, and hold CITY harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, lossess, and liabilities, including attorney's fees, arising out of, connected with, or resulting from the equipment, including without limitation the manufacture, selection, delivery,, -3- possession, use, operatian or return thereof. This indemnity shall survive and continue in full force notwithstanding termination of this lease. 15..OEFAULT: The occurrence of any of the following events shall, at the option of CITY, terminate the lease of equipment and LESSEE's right to possession of the equipment: (a) The nonpayment by LESSEE for a period of ten (10) days of any sum required hereunder to be paid by LESSEE. (b) The default by LESSEE under any other term covenant or condition of this lease which is not cured within twenty (20) days after notice thereof from CITY. (c) Any affirmative act of Insolvency by LESSEE, or the filing by LESSEE of any petition or action under any bankruptcy, reorganization, insolvency or moratorium law, or any other law or laws for the relief of, or relating to, debtors. (d) The filing of an involuntary petition under any bankruptcy statute against LESSEE, or the appointment of any receiver of trustee to take possession of the properties of LESSEE, unless -such petition or appointment is set aside or withdrawn or ceases to be in effect within thirty (30) days from the date of said filing or appointment. (e) The subjection of any of LESSEE's property to any levy, seizure, assignment application or sale for or by any creditor or governmental agency. Upon the happening of any of the above events, CITY may, whether or not it ter- minates the lease of equipment, without notice to or demand upon LESSEE: (a) Take possession of the equipment and lease the same or any portion thereof, for such period, rental, and to such persons as CITY shall elect and apply the proceeds of any such renting, after deducting all costs and expenses incurred in connection with the recovery, repair, storage and renting of the equipment, in payment of the rent and other obllgatlons due from LESSEE to CITY hereunder, LESSEE remaining responsible for any deficiency for the full remaining term of this lease as expressed herein. (b) Take possession of the equipment and sell the same or any portion thereof at public or private sale and without demand or notice of intention to sell, and apply the proceeds of any such sale, after deducting all costs and expenses incurred in connection with the recovery, repair, storage, -4- and sale of thz equipment and any rentals and other obligations of LESSEE then due hereunder, against the "full insurable value" of the equipment sold. If the proceeds, after the permitted deduction, are less than the "full insurable value," LESSEE shall immediately pay CITY the difference. 16. WAIVER: No delay..or omisslon to excerclse any right, power or remedy accruing to CITY upon any breach or default of LESSEE under this lease shall impair any such right, power, or remedy of CITY nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or there- after occurring. Any waiver, permit, consent or approval of any kind or character on the part of CITY of any breach or default under this lease, or any waiver on the part of CiTY of any.provlsion or condition of this lease, must be in writing and shall be effective only to the extent in such writing specifically set.forth. All remedies, either -under this lease or by law, or, otherwise afforded to CITY,. shall be cumulative and not alternate. 17. ATTORNEYS' FEES: in the event of any action at law or suit in equity in relation to this lease, whether before or after termination, LESSEE, in addition to all other sums which LESSEE may be called upon to pay, will pay to CITY a reasonable sum for its attorneys' fees.. 18. ASSIGNMENT: Without the prior written consent of CITY, LESSEE shall not (a) assign, transfer,, pledge or hypothecate this lease, the equipment or any part thereof, or any interest therein, (b) sublet or tend the equipment or any part thereof, or (c) permit the equipment or any part thereof to be used by anyone other than LESSEE or LESSEE's employes. City may assign its interest, or a part thereof, in this lease. 19. LOCATION OF EQUIPMENT: LESSEE will not, without the prior written consent of city, permit the equipment to be removed from 702 Marsh Street, San Luis Obispo, California. 20. OWNERSHIP: The equipment is and shall at all times be and remain, the - sole and exclusive property of CITY, and LESSEE shall have no right; title or interest therein or thereto except as expressly set forth in this lease. 21. PERSONAL PROPERTY- The equipment Is, and shall at all times be and remain, personal property notwithstanding that the equipment or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or imbedded in, or -5- A I �i permanently resting upon,. real property or any building thereon, or attached in any manner to what is permanent as by means of cement,, plaster, nails, bolts, screws or otherwise. 22. NOTICES: Any communications between CITY and LESSEE, payments, and notices provided herein to be given or made, may be given or made by marling the same to the CITY at 990 Palm Street, San Luis Obispo, California, and to LESSEE at 234 East 24th Street, Chicago, Illinois, or to such other addresses as either party may In writing hereinafter indicate. 23. MISCELLANEOUS: If any provision of this lease shall be deemed invalid, illegal, or unenforceable in any respect or in any jurisdiction, the validity, legality, and enforceability of this lease in other respects and other jurisdictions shall not be in any way impaired or affected thereby. This lease shall be a contract made under and governed by the laws of the State of California, shall be binding on CITY and LESSEE and their respective successors and assigns, and shall inure to the benefit of CITY and LESSEE and the successors and assigns of CITY. Dated at San Luis Obispo, California as of the day and year first above written. BRINKIS, INCORPORATED By Vice President ATTEST: THE CITY OF SAN LUIS OBISPO By Title Mayor City Clerk Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de Is MOTTE & L LEY City Attorney City Administrative Off er , By Allen Grimes Finance Director C:fl S,:hedule A Dated as of November II, 1976 This schedule, constltuttng a part of the Equipment Lease Agreement, dated as of November II, 1976, Is entered into between City of San Luis Obispo (here- inafter called city), and BRINK'S, INCORPORATED, an Delaware corporation (here- inafter called LESSEE). CITY agrees to, and does hereby, lease to LESSEE, and LESSEE agrees to, and does hereby, lease from CITY, subject and pursuant to all terms and provisions of the Equipment Lease Agreement, the chattels described herein, which chattels shall constitute equipment under the Equipment Lease Agreement, and LESSEE represents that all of such chattels are in. good condition and repair, and that LESSEE is satisfied with and has accepted the equipment In such good condition and repair. One Standard Johnson coin scrting machine #F5337 and City of San Luis Obispo #10002. One Metal and Wood coin storage bin with pad lock and key. One four (4) wheel hand truck. One coin bag seal press. .Dated at Los Angeles, California as of the date and year first above written. ATTEST: City Clerk Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE 6 LILLEY City Attorney By Allen Grimes BRINK'S, IN 0 CRATED City of San Luis Obispo By Mayor Approved as to content: City Administrative 0 cer Director i RESOLUTION NO. 3371 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CON- STRUCTED (OR REPAIRED) UNDER THE 1911 ACT., BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant:to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and asset forth hereafter.. SECTION 2. That the hereinafter listed construction (or repair-) costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as .a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are as follows: Arnett $ Broadbent 1380 Broad Street $1,144.00 (Pismo Street side) C. Cattaneo, et al. 1347 Monterey Street 640.00 R. A. Waller 1401 Osos Street 618.80 On motion of Councilman Jorgensen. seconded by - Councilman Dunin , and on the following roll call vote: AYES` Councilmen Dunin, Gurnee, Jorgensen.;,and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution is passed ATTEST: ity Clerk J.H. Fitzpatrick AHktm 7/12/77 ted this 19th day of July 1977. R 3371 Resolution No. 3371 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY CTTY ATTnRNRY AH:ktm 7/12/77 (1977 Series) Approved as to content: City Administrative 0 'cer /' Director of Public Services D r for finance i RESOLUTION NO. 3370 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 649, LOCATED AT 2803 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 map of Tract 649 and the Planning Commission staff recommendations and reports thereon, makes the following findings: 1. The tract 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 PD R =l and Pb R -2. 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 map for Tract 649 be subject to the following conditions: 1. The private street shall be designed so as not to exceed 12% slope and shall have a flat area large enough for one car just behind the sidewalk. 2. The private street including curb, gutter and sidewalk as indicated on the map shall be constructed to City structural standards. The street shall be designed for traffic index of 4.0. 3. The roof drainage from the buildings shall be carried to the private street and the point of disposal of the storm run -off be at the creek, either by an easement across the neighbors property or by a pipe to the creek at the rear of the lot. 4. A precise development plan shall be approved by the City Architectural Review Commission including a required solid landscape screen along the northern property line. 5. Conditions, Covenants and Restrictions shall be approved by the City Attorney and Community Development Director. CC &R's shall contain the following provisions: a. creation of a homeowners association to enforce the CC &R's and provide for professional, perpetual maintenance of all common area (lot 15) and all building exteriors in a first class condition; _ b. grant to the Ci y of San Luis Obispo the right to maintain common area and building exter rs, if the homeowners association fails to perform, and assess the _ wmeowners association for expenses incurred; c. no parking on the site except in approved designated space; d. grant to,the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places; e. no outside storage of boats, campers, motorhomes and trailers, nor long -term storage of inoperable vehicles 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. 6. The garage for the existing residence, which has been converted to residential use shall be restored to a garage. 7. Park land in lieu fees shall be paid in the amount of $1,950 (13 units X 150). 8. The sewer system shall be designed to City standards and connected at a manhole to the existing off -site 8" sewer main. The subdivider shall acquire and dedicate a sewer easement between the development property line and sewer main.. 9. The water line where it serves fire hydrants shall be 8" diameter constructed to City standards. R 3370 Resolution No. 3370 (1977 Series) 10. Fire hydrants shall be provided on -site in accordance with the requirements of the City Fire Marshal. 11. All of lot 15 (common area) shall be dedicated to the City as a blanket easement for.access and maintenance of the creek, the 5:' diameter drain pipe and public utilities. 12. The sewer and water mains to be included within a City easement shall be separated by at least 10 feet. Each main shall be,_400A closer than 5 #f.from a building or curb. S 13. Subdivider shall submit soils tests showing that the substantial fill on the property meets all City requirements. 14. Subdivider shall dedicate a 10 foot wide tree planting easement across the Johnson Avenue frontage of the property and plant trees in accordance with City requirements. 15. The final grading plans shall reflect the following revisions not shown on the tentative tract map: a. The contours.should be referenced to a City datum. b. Grading within 2 feet of the property line should indicate a retaining wall being constructed. c. Contours should be extended to the west of the development to indicate the.flow line of the creek: 16. Lot 14 shall be reduced in area by .2500 sq. ft: to provide an on -site play area for children in the development, subject to the approval of the Architectural Review Commission. The play area shall become part of the common area designated as Lot 15. On motion of Councilman Gurnee, 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 11th day of July, 1977. ATTEST: y Cleft Approved as to form: WENDT, MITCHELL, SINSHEIMER, de is MOTTE & L LLEY City Attorney By Allen Grimes DS:ktm(rev) 11/15/77 Approved as-to content: V (7i 0 RESOLUTION NO. 3369 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 645, LOCATED BETWEEN 3279 AND 3355 BROAD STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Council after consideration of the tentative map of Tract 645 and the Planning Commission staff recommendations and reports thereon, makes the following findings: 1. The Tract 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 -2 zone. 3. The design 'is. not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Tract 645 be subject to the following conditions: 1. A 1' wide "no access" strip shall be dedicated to the City along the Broad Street frontage., 2:. Traffic island shown in the center of the cul -de -sac bulb shall be removed. Cul -de -sac street shall be constructed with a 52 ft. right -of -way with parking bays (two 12 ft. travel lanes and an 8 ft. parking bay) subject to approval of the City Engineer. '4:; The existing sewer line along the north property line (existing easement) and all new City public utilities easements shall be shown on the final map. The entire creek area shall be shown as an easement granted to the City for access and maintenance purposes on the final map. Lots 1 & 2 shall be served by private 4 inch sewer laterals and not by a City main as shown on the tentative map. 6; The subdivider shall provide all= weather dust free access and easement to each manhole outside of the street right -of -way. L7, Public utilities easements in accordance with the requirements of the public utility companies shall be shown on the final map. 8? Park land in lieu fees shall be.paid in the amount of $5,250 ($150 x 35 units). _97: Curb,gutter and sidewalk shall be provided on all street frontages. 10. Sidewalks shall be 6' integral type except for sidewalk along Rockview Place which shall be 4' integral type. 11` Street pavement shall be provided for the new cut =d'e -sac as well as a half street plus a 12' travel lane on Rockview Place. Paving on Rockview Place shall be constructed to City Standards for a traffic index of 5.5..,; 13 Paving on the new cul -de -sac shall be constructed to City Standards for a traffic index of 4.0. The new sewer connection in Broad Street shall be constructed at right angles to the street and must occur-at a manhole. DS:ktm (rev) 7/15/77 R 3369 1� O Resolution No.. 3369 (1977 Series) 15. The sewer and water lines in Lot 6 shall be separated by at least 10 feet in -an easement at least 20 feet wide. Sewer and water lines shall be leasv 5 feet from easement lines. 16. The drainage system shall be designed for a 100 year storm and any off -site drainage facilities necessary to carry the water to an adequate point of disposal provided in accordance with requirements of the City Engineer. 17. The property lines at ail street corners shall have a 20 foot radius. 18. The contour map shall be re `drawn to City datum form construction drawings. 19. Street trees shall be planted in accordance with City Standards in a 10' wide street tree easement. 20. The subdivider shall construct a landscaped berm and plant trees along the frontage of Broad Street as a part of subdivision improvements. This requirement shall be completed consistent with a plan approved by planning.staff. 21. The subdivider shall offer to decicate to the City a 20 ft. public access easement from the end of the proposed cul -de -sac to the south property line of the subject tract; said easement to be centered on the interior line between Lots 7'F 8. On motion of Councilman Gurnee seconded by..Councilman Jorgensen and on the following roll call vote: AYES: Councilmen Dunn, Gurnee, Jorgensen, and Mayor Schwartz NOES: Councilman Petterson ABSENT: None the foregoing Resolution was passed and FAVO;.Is M Approved as to form: WENDT, MITCHELL, SINS .IMER, de la MOTTE $ LILLEY) CITY ATTORNEY By -Allen Grimes DS:ktm (rev) 7/15/77 this .11th day of. July , 1977- Approved as to content: ice.,..._ ity ngi eer RESOLUTION N0. 3368 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL IMPROVEMENT FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR AND AUTHORIZING A TRANSFER OF FUNDS. 1. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following Capital Improvement Fund appropriation account be increased to provide funding for proposed flood control studies. Account No. Description (40) 40- 2580 -904 Planning Studies Budget Amount $20,000. DR. 2. BE IT FURTHER RESOLVED that the following transfer from the Capital Improvement Reserve account is authorized to provide for the above increase. Account No. Description Budget Amount 40- 0430 -000 Capital Reserve $20,000. DR. 40- 0510 -000 Appropriations 20,000. CR. On motion of Councilman Petterson , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 5th day of July 1977. ATTEST: Ci ei J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER de la MOTTE $ LILLEY] City Attorney By Allen Approved as to content: r City Administrative 0 "cer Finance Dir cto R 3368 0 C RESOLUTION NO, 3367 .(1977 -Series) A RESOLUTION OR THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING TWO -HOUR PARKING ON MARSH STREET, PROHIBITING PARKING ON LONGVIEW LANE; ESTABLISHING STOP SIGNS ON LONGVIEW LANE, PROHIBITING PARKING ON AUGUSTA STREET, AND ESTABLISHING A PASSENGER LOADING ZONE ON AUGUSTA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Parking is hereby limited to two hours between the hours of 9 a.m. and 6 p.m., Sundays and holidays excepted, on Marsh Street between Beach and Hi&era Streets. Section 2. Parking is hereby prohibited on the Westerly side of Longview Lane beginning at the Easterly prolongation of the Northerly property line of Bond Street and continuing 35 feet Northerly. Section 3. Stop signs stopping traffic in both directions on Longview Lane at its intersection with Bond Street are hereby established.. Section 4. Parking is hereby prohibited on the Westerly side of Augusta Street beginning at the Westerly prolongation of the Southerly property line of San Marcos Court and continuing 126 feet Southerly. Section 5. A passenger loading zone is hereby established on'the Westerly side of Augusta Street beginning 184' Southerly of the Westerly prolongation of the Southerly property line of San Marcos Court and continuing 103 feet Southerly. On motion of Councilman Petterson seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Petterson, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None R 3367 Resolution No, 3367 (1977 Series) the foregoing Resolution was passed and adopted this 5th day of July , 1977. ATTEST: lerc . Fitzpatricc Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LLEY CITY ATTORNEY A 1 By Allen Grimes Approved as to content: City Administrative 1Kficer A h, )r�Qjn A40le"t IC143WE n 'neer o RESOLUTION NO. 3366 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING FINAL PARCEL MAP NO. S.L.O. 76 -276. (G. L. PARSONS. APPLICANT) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council previously made certain findings concerning Parcel Map,No. S.L.O. 76 -276 at its regular meeting of August 2, 1976. Section 2. This Council now approves final Parcel Map No. S.L.O. 76 -276. G. L. Parsons applicant. On motion of Councilman -Dunin _ ._ seconded by Councilman .Tor" ensen and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee. the foregoing Resolution was passed and adopted this 5th day of July 1977. ATTEST: E Fitzpatrick R 3366 Resolution No. 3366 Final Parcel Map No. S.L.O. 76 -276 Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes City AdministraNve Officer r «< r rc d...V 4 g w it Engineer 10 C� M RESOLUTION: No -3365 (1977 Series) / A RESOLUTION ESTABLISHING SALARY RANGES FOR EMPLOYEE . CLASSIFICATIONS; SPECIFYING METHODS OF ADVANCEMENT AND SUPERSEDING PREVIOUS SALARY RESOLUTIONS IN CON- FLICT. BE IT RESOLVED by the Council of: the City of San Luis Obispo as follows: That all previous salary resolutions in conflict herewith are superseded and the following sections are enacted effective July 1, 1977. 1. Salary:Ranges. The following salary ranges.are adopted and applied to the various classes of positions indicated in Section 2 hereof: Each.salary. range consists of five steps (i 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 A step shall be defined as the percentage relationship between each step and the next higher step. This percentage equals 5:26 %; for example, step 2 is 5..26% higher than step 1. When using steps or half -steps to establish a salary or fringe benefit increase, the figure obtained shall be.rounded off to the nearest $2.00. Range 1. 2 3 4 5 1 $620 /month $652 $686 $722 $760 2 634 668 704 740 778 3 654 688 724 762 802 4 670 706 .744 784 826 5 690 726 764 804 846 6P 696 732. 770 810 852 6 704 742 .782 824 868 7P 714 752 792, 834 878 7 726 764 804 846 890 8P 738 .776 816 858 904 8 744 •784 826 870 916 9P 758 798 840 884 930 9 768 808 850 ._ - 894 942 lop 778 818'. .862 908 956 10 .784 826 870 916 964 11P 800 :842•. 886 932 982 11 808 850 894 940 990 R 3365 Resolution No. 3365 2 (1977 Series) Range -- 1 2 3 =_ 4 5 12P $'822 $" 866 $ 912 $: 960 $1010 12 830 874 920 968 1018 13P 846 890 936 986 1038 13 850 894 942 992 1044 14P 868 914 962 1012 1066 14 874 920 968 1018. 1072 15P 894 940 990 1042 1096 15 896 944 994 1046 1100 16P 916 964 1014 1068 1124 16 916 964 1014 1068 1124 17P 942 992 1044 1098 1156 17 944 994 1046 1100 .1158 18P 970 1020 1074 1130 1190 18. 970 1020 1074 1130 1190 19P 994 1046 1102 1160 1222 19• 994 1046 "i 1102 1.160 1220 19F. 988 1040. 1.094 1152 1212 20P 1022, 1076. 1332 1192 1254 20 1020 1074 1130 1190 1252 20F 1012 1066 1122 1182- 1244 21P. 1050'` 1106 1164 1226 1290 21 1046 1102 1160 1220 1284 21F. 1042 1096 1154 1214 1278 22P 1080 -.1136 11196 `• 1258 1324 22 1072 1128 • 1188 ;.1250 1316 Resolution No. 3365 3 (1977 Series) Range- 1. _ -- _ 2 3 4 5" 22F $1068 $1124 $1184 $1246 $1312 23P 1110 1168 1230 1294, 1 362 23 1102 T160 1220 1284 1352 23F 1100 1158 1218 1282 '1350 •24P 1140 1200 -1264 1330 1400 24 '1130 1190 1252 1318 1388 24F 1128 1188 1250 1316 1386 25P 1170 1232 1296 - 1364 1436 25 1160 1220 1284 1352 1424 25F 1160 1220 1284 1352 .1424 26P 1204 1268 1334 1404 1478 26 1192 1254 1320 1390 1464 . 26F. 1190 1252 1318 1388 1462 27P. 1236 1300 1368 1440 1516 27 1222 1.286 1354 1426 1500 27F 1226 1290 1358 1430 1506 28P 1270 1336 1406 1480 1558 28 1.254 1320 1390 1464 1540 28F 1258 1324 1394 1468 1846 29P 1302 1370. 1442 1518 1598 29 1286 1354 1426 .1500 1578 - 29F 1292 1360 1432 '1508 1588 30P 1340 1410 1484 .- 1562 1644 30 1320,• 1390 •1464 1540 1622 30F 1330 1400 1474 1552 1634 Resolution No. 3365 4 (1977 Series) Range 1... _ 2 3 4- - 5 31P $1380 $1452 $1528 $1608 $1692 31 1354 1426 1502 1582 1666 31F 1364 1436 151.2 1592 1676 32P 1414 1488 1566 1648 1734 32 1390 1464 1542. 1624 1710 32F .1402 1476 1554 1636 1722 33P. 1456 •1532 1612 1696 1786 33 1428 1504 1584 1668 1756 33F 1438 1514 1594 1678. 1766 34P 1494 1512 1654 1742 1834 34 1468 1546 1628 1714 1804 34F 1482. 1560 1642 17.28 1818 35P 1536 1616 1700 1790 1884 35 1506 1586 1670 1758 1850 35F' - .1520' 1600 "._ 1684 ..:- 17*12 1866 36P '1578 1660 '1748 1840 1936 36 1548 1630 1716 1806 .1900 36F 1560 1642 1728 1818, 1914 37P 1618 1704 1794 1888:. 1988 37 1588 1672 1760 1852 1950 37F 1606 1684 1772 1866 1964 38P 1662 1750 1842 1938 2040 38 1630 1716 1806 1900 2000 38F 1644 1730 1822 .1918 2018 39P 1708 1798 3892 1992 2096 39 1674 1762 1854 1952 2054 Resolution No- 3365 5 (1917 Series) Range _ 1 _ 2 3 4. 5- . 39F $1690 $1778 $1872 $1970 $2074 40P 1750 1842 1938 2040 2148 40 1716 1806 1900 2000 2106 41 1762 1854 1952 2054 2162 42 1808 1904 2004 2110 2220 43 1854 1952 2054, 2162 2276 44 1906 2006 2112 2224 .2340 45 1958 2060. 2168 2282 2402 46 2006 2112 2224 2340 2464 47 2062 2170 2284 2404 2530 48 2112 2224 2342 2466 2596 49 2168 2282 2402 2528 2662 2.. Titles and Ranges. The classes•of positions shall each have the salary range shown opposite the title in this ection. Range Title ClerktTypist 1 (2) $634. $668 $704 $740 $778 Account Clerk 1 (6) 704 742 782 824 868 Clerk- Typist II (6) Mechanic Helper (7). 726 764 804 846 890 Laborer (7) Account Clerk II.'': '.:. (8) 744 784 826 870 916 Administrative (8)' Janitor _. _ (8). Dispatcher -Clerk (9p) 758 798 840 884 930 Parking-Enforcement Officer Groundskeeper I (9) 768 808 -850 894 942 Secretary II Drafting Aide'' ' (10) 784 826 870 916 964 Resolution No. 3365. O (1977 Series) Title Range. Account Clerk 11I -(11) $808 $850 $894 $940 $990 Secretary 1II (11) Street Maintenance Worker. I (11)' Groundskeeper II. (12) 830 874 920 968 1018 Social Services Assistant (12) Water Meter Reader (12) Legal Secretary (13) 850 894 942 992 1044 Parks Maintenance Worker (13) Street Maintenance - 'Worker I2- (13) Street.Painter (13)' Tree Maintenance Worker I (13) Accounting Technician (14) 874 "920 968 1018 1072 Parking Meter Repairer (14) Utilities Maintenance Worker_ i1 (14) Water Meter Repairer (14) Water .Supply Operator I (14) Administrative Secretary - (15) 896 944 994 1046 1100 Heavy Equipment Operator (15) Tree Maintenance 'Worker 'I1 (15) Painter (16) 916 964 1014 .1068 1124 Utility Plant Operator I (16) Automotive Mechanic (17) .. 944 994 1046 1100 1158 Building Maintenance Leader (17) . Engineering Technician (18) 970 1020 1074 1130 1190 Fire Vehicle.Mechanic% (18) Planning Technician (18) Street Maintenance Leader (18) Technical Writer. (18) . Utilities Maintenance Leader (19) 994 1046 1102 1160 1220 Heavy Equipment Mechanic .(20) 1020 1074 1130 1190 1252 Utility Plant Operator II (20) Parks.Maintenance Supervisor (21) 1046 1102 .1160 1220 1284 Recreation Supervisor (21) Utilities Maint/lddr. 1Inspector (21) Firefighter (21F) 1042 1096 1154 1214 1278 Police Officer (22P) 1080 1136 1196 1258 1324 Utilities Maintenance Supervisor (22) 1072 1128 1188 1250 1316 Procurement & Property Officer (23) 1102 1160, '. 1220 1284 1352 Fire Engineer (23F) .1100 .1158 1218 1282 1350 Resolution No; 3365. 7 O (1977 Series) Title_ -. Range Building, Inspector (24') $1130 $1190 $1252 $1318 $1388 Engineering Assistant (24) Grants & Special Projects Mgr. (24) Plan Check Engineer (24) Planning Assistant (24} Supervisory Heavy Equipment Mechanic (24) Water Supply Operator II (24) Accountant (26) 1192 1254 1320 1390 1464 Utility Plant Supervisor (26) Building & Parks Maintenance Supt: (27) 1222 1286 1354 1426 1500 Police Sergeant '.(28P) 1270 1336 1406 1480 1558 Fire Captain (28F) 1258 1324 1394 1468 1546 Planning Associate. (29) .1286 1354 1426 1500 1578 Chief Building Inspector (30) 1320 1390 1464 1540 1622 Engineering Associate (31) 1354 1426 _1502 1582 1666 Senior Planner (31) Street Superintendent (32) 1390 1464 1542 1624 1710 Police Lieutenant (33P) 1456 1532 1612 1696 1786 Fire Battalion Chief (33F) 1438 1514 1594 1678 1766 Fire Marshal /Battalion Chief (33F) Utlities Engineer /Superintendent (34) 1468 1546 1628 1714 1804 Police.-Captain (36P) 1578 1660 1748 1840 19.36 . 3. Rules.Governing.Step Progression. The following rules shall govern step increases for employees other than those specified - in.Section 4: (1). The 'first step is the minimum rate and shall normally be the hiring rate for the class. -In cases.where..it is difficult to secure qualified personnel, or if .6 person of'unusual,qualifications is hired, the Administrative Officer may authorize hiring at-any step. (2), The second step is-an incentive adjustment to .encourage an employee to improve hi's•work. An employee may be ,advanced to the second step following the completion of six months satisfactory service upon recommendation'by his department head and the approval by the Administrative Officer. .Resolution No. 336 (1977 Series) (3) The third step represents the middle value of the salary range and is the rate at which a fully qualified, experienced and ordinarily conscientious employee may expect to be paid of -ter a reasonable period of satisfactory service. An employee may be advanced to the third step after completion of six months service at the second step, provided the advancement is recom- mended by the department head and approved by the Administrative Officer. (4) The fourth step is to be awarded only in case of work which is well above average for the class. An employee may be advanced to the fourth step after completion of one year of service at the third step provided the advancement is recommended by the department head and approved by the Administrative officer.. (5) The fifth step is intended as a.reward for outstanding perfor- mance. An employee may advanced to the fifth step after completion of two years service (one year for police officers, beginning level) at the fourth step provided the advancement . is recommended and justified in writing by the department head and approved by the Administrative Officer. (6) The above criteria for step increases apply except where other arrangements are authorized at the time of appointment or promotion by the Administrative Officer. In applying the above rules, the next step shall be granted, other conditions having been met, on the.following basis: (1) For those having an anniversary date on the 15th of the month or earlier, the increase shall,be. effective on the first of that month. (2) For,those having an anniversary date on the 16th of the month or later; the increase shall be effective.the first of the following month: _ Should the.empioyee not be_ increased, it shall be the privilege of the department head and Administrative Officer to reconsider such increase at any time during the year. 4. Educational Incentive - City Employee Association The following sentence shall be included in the Memorandum of Under= standing (MOU) with the San Luis Obispo City Employees' Association (SLOCEA) immediately following the first sentence of Article III G of the new SLOCEA MOU to identify which job classifications are eligible for participation in the' educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Social Services'Assitant (Administration); Property and Procurement Officer (Finance); Planning Assistant, Planning Division, Plan Check Engineer, Building Regulations Division, and Engineering Assistant, Resolution.No. 3365. O (1977 Series) 01 Engineering Division (ibmmunity Development); Senior Recreation Leader (Parks & Recreation); Engineering Assistant (Public Services); Building and Parks Maintenance Superintendent, Parks Division, Utilities Engineer- /Superintendent, Utilities Division, and Street Superintendent, Street Division (Public Services). 5. Management Pay.Plan. The following classes shall be placed in a management pay plan. A broad salary range of $1700 t ,2300 per month shall be established for the fiscal year 1977 -78. The Administrative Officer with the approval of the Council.shall determine at what point in this range each of the following classes shall be placed. The purpose of this section is to allow the Administrative Officer and City Council a certain amount of flexibility to meet changing conditions, to encourage, - ';good performance and to reward achievement. The following rates are established for fiscal year 1977 -78. Classification Director of Community Development. Director of Parks & Recreation Director of Public Services City Engineer Finance Director Fire Chief Police Chief Personnel Director Monthly Salary Rate $2100 1700 2200 1850 1850 1900 (2 mos. only) 2250 1800 In addition to the rates established in accordance with this section, persons assigned to the classes listed above will be paid an additional one. percent for the first ten years of continuous full -time service with the City, and one percent for each subsequent five years, calculated to the nearest two dollars per month. Employees in the above classifications shall be allowed to participate in the CIty's deferred compensation plan. 6. Part -time Employees. The following salary schedule shall govern people employed on a part -time basis. Where more than.one rate exists, advancement to a higher rate is based on satisfactory performance of assigned duties as recommended by the department head plus the experience requirement. Title Hourly Rate School Crossing Guard $2.30 Youth Corps Worker Grade 1 2.30 First summer Grade 2 2.40 Second summer Dispatcher (Fire) Grade 1 2.30 First two years Grade 2 2.40 After two years Drafting Technician, Grade 1 3.65 First 500 hours Grade :2 4.05 Over 500 hours Grade 3 4.50 Over 1000 hours Grade 4 5.00 Over 1500 hours Grade 5 5.56 Over 2000 hours Grade 5 equals the 5th step of range 10, Drafting Aide. Each lower step equals 90%,6f the next `higher step. O (1977 Series) Resolution No. 3365 $2.55 First 250 hours 2.70 10 2.90 Title 2.90 First 250 hours Recreation Leader Grade 1 Over 500 hours Grade 2 3.65 Grade .3 Recreation Leader II Grade I 2.40 Grade 2 Over 500 .hours Grade 3 Staff Assistant Grade 1 (Recreation) Grade 2 Grade 3 Groundskeeper Grade 1 Grade 2 Grade 3 Firefighter Reservist Police Reserve Officer O (1977 Series) Hourly Rate $2.55 First 250 hours 2.70 Over 250 hours 2.90 Over 500 hours 2.90 First 250 hours 3.05 Over 250 hours 3:25 Over 500 hours 3.40 First.250 hours 3.65 Over 250 hours 3.90 Over 500 hours 2.30 First 250 hours' 2.40 Over 250 hours 2.50 Over 500 .hours 3.00 Training 4.00 Response to fires or other emergencies 6.23 Court Duty n Resolution No.--,.336,,V111,',, On motion-of. Councilman_.Dunin seconded by .Councilman Jorgensen, and on the following roll call vote:. - AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the :foregoing Resolution was passed and adopted this 5th day of July, 1977. ATTEST:. ity Clerk J.H. Fitzpatrick: Approved as to form: DAVIS, WENDT, M TCHELL & SINS HEIMER City Attorney } By: Allen Grimes Approved as to content: Administrative Of fNr,.er Personnel Director R 3365 RESOLUTION NO. 3364 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING SALARIES FOR FULL -TIME MANAGEMENT PERSONNEL APPOINTED BY THE CITY COUNCIL. BE It RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 1977, management personnel shall be paid as follows: City Administrative Officer $2,974 per month City Attorney By contract City Clerk - Treasurer $2,626 per month On motion of Councilman_Dunin seconded by Councilman Jorgensen , and on the following roll call vote: AYES. Councilmen Dunin, Jorgensen, Petterson.and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 5th day of July , 1977. ATTEST: y Clerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, de la MOTTE $ L I CITY ATTORNEY Approved as to content: IMER, r • City Administrative ONUcer By Allen Grimes Personnel Direct GJ:ktm 6/29/77 R 3364 KESOLUTION NO. 3363 (1977 Series)" A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 608, LOCATED ON THE WEST SIDE OF LOS OSOS VALLEY ROAD, NORTH SIDE OF DIABLO DRIVE. WHEREAS the City Council has received a report from the Planning Commission recommending approval of Tentative Tract Map No. 608, and WHEREAS the City Council has certified the project Environmental Impact Report as being sufficient to comply with CEQA and State Environmental Impact Report Guidelines, and WHEREASEnvironiRental_Impact Report recommended mitigation measures have been incorporated into the subdivision design and conditions of 'approval where feasible, and WHEREAS the City Council has made the following findings required by the State Subdivision Map Act: 1. The tract map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of develop- ment permitted by the R -1 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 ease- ments for access through, or use of, property within the proposed subdivision. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: A. That a .-var.iance from minimum lot width standards for Lots 2 through 7, Lots 23 through 27 and Lots 30 through 33 be granted with the determination that: (1) The variance is not a grant of special privilege because of the limitations provided by the unique characteristics of the site in arriving at an acceptable subdivision design. (2) The,site in question, because of its unique topography and dimen- sional characteristics, would deprive the property of privileges enjoyed by other properties if the lot width requirements were strictly applied by causing substantially over -sized lots. (3) The variance is not inconsistent with the spirit and intent of the sub- division regulations which are intended to ensure well designed lot and street patterns and suitably sized lots. B. That Tentative Tract Map No. 608 be granted approval subject to the following conditions: 1. All of the lots not granted a variance to lot width shall conform to lot size requirements on the final subdivision map. 2. Access rights to Los Osos Valley Road for Lot 1 shall be dedicated to the City. 3. Lots 56 through 61 shall be combined with Lot 1 and a note shall be placed on the final map that Lot l is not a buildable site until gravity sewer service is provided. R 3363 Resolution No. 3363 Page 2 Tent. Tr. Map 608 4. A landscape planting plan shall be submitted and approved by the Planning staff to provide a wind row tree planting scheme for the rear of Lots 43 through 55 and north lot line of Lot 1. Said landscape plan shall include a fence design for the rear of lots 43 through 55 and the tract CC &R's shall limit fenci.ng along said lot lines to that approved in the landscape plan. 5. A note on the final subdivision map shall indicate that the lots in Tract 608 shall not be padded and that grading on individual lots is not per- mitted except for building foundations, driveways and minor grading for backyard areas. 6. The final map shall contain a note that special building designs are required to compensate for limitations to grading. 7. Where common driveways are shown they shall be noted on the final map as 16 feet wide and centered on common property lines. 8. The subdivider shall prepare a drainage plan suitable to accommodate a 100 year storm which carries storm runoff to an acceptable point of disposal. Said plan shall be approve d by the City Engineer and shall include the construction of concrete drainage structures to carry storm runoff across individual lots. 9. The subdivider shall obtain an easement for the disposal of site drainage across private properties from the property owner(s). 10. A 10 foot easement shall be granted to the City for the drainage culvert across Lot 1. 11. All local streets other than cul -de -sacs shall be designed to a traffic index of 5.5. 12. Overflow relief swales shall be provided with drainage drop inlets where determined to be necessary by the City Engineer. 13. The-final map shall note the Union Oilline and easement in Los Osos Valley Road. 14. The final design of the curve section of Mirada Street shall be approved by the City Engineer. 15. Water and sewer fees shall be paid. 16. 0.84 acre of land_ shall be dedicated to the City for neighborhood park land. Said land shall contribute to the neighborhood park required for dedication as a part of Tentative Tract 603. 17. Lot 54 shall not be offered for dedication. 18. All cut and fill slopes shall be seeded immediately subsequent to their creation to the satisfaction of the City Engineer. 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: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and this 5th day of July , Resolution No. 3363 Tent. Tr. Map 608 ATTEST: City k J Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEI14EI DE LA MOTTE & LILLEY City Attorney By' Allen Grimes Page 3 Approved as to content: RESOLUTION NO. 3362 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 603. WHEREAS the City Council has received a report from'the Planning 'Commission recom- mending approval of Tentative Tract Map No. 603 and, WHEREAS the City Council has reviewed and certified the project environmental impact report as being sufficient to comply with CEQA and the State and City EIR Guidelines and, WHEREAS recommended mitigation measures have been incorporated in the subdivision. design and recommended conditions of approval to minimize adverse environmental impacts described in the project EIR and, WHEREAS the City Council has made the following findings required by the State Subdivision Map Act: 1. The tract 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 -1 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. NOW THEREFORE the City of San Luis Obispo City Council resolves that Tentative Tract Map No. 603 is granted approval subject to the following conditions: 1. A note shall be placed on the final map that lots 7 and 39 are not developable lots until gravity flow city sewer is available.. 2. A fence or landscape planting plan for the rear of lots 31 through 38, 42 through 44 and the west property line of lot 58 shall be approved by the Community Develop- ment Director; said fence or planting to be installed by the subdivider as a part of the subdivision improvements. 3. Conditions, Covenants and Restrictions shall be recorded with the final map requiring uniform fencing (design, material and height) for all property lines contiguous to the dedicated neighborhood park; said fence design to be approved by the Community Development Director. 4. Conditions, Covenants and Restrictions shall be approved by the City Attorney and Community Development Director. 5. The slope bank along Los Osos Valley Road shall be rounded and varied in slope to the approval of the Community.Development Director. 6. Street trees shall be planted in a 10' street tree easement along all street frontages. 7. A 1 foot "no access" strip shall be dedicated to the City along Los Osos Valley Road frontage for lots 7, 44 and 46. 8. Subdivider shall dedicate the 3.3 acre open space area depicted on the approved Tentative Map per the following requirements. a) .84 of an acre for required park dedication for the subject tract map. b) 1.6 acres to compensate for reduced lot sizes as a part of optional subdivision design for the subject tract map. - c) .84 of an acre for required park dedication for Tentative Tract Map No. 608. R 3362 _I CC Resolution No. 3362 Tentative Tract Map No. 603 Page 2 9. A drainage plan designed to handle run -off from a 100 year storm and including off -site improvements to convey site drainage to an acceptable point of dis- posal shall be approved by the City Engineer. 10. Curb, gutter and sidewalk and street pavement shall be installed to City standards throughout the tract and along all perimeter frontages (Los Osos and Descanso). 11. All water courses and drains shall be in easements and all areas subject to inundation shall be so noted and covered by an easement for access and maintenance. 12. Manholes in lot 40 should be served by an all weather dust free access. 13. There shall be an all weather dust free access and driveway ramp leading to the manhole in the dedicated park. 14. In the event the sewer main in Los Osos Valley Road has less than 3 feet of cover, special treatment and material.s shall be provided to the approval of the City Engineer. 15. A note shall be placed on the final map indicating that there shall be no pading of lots and that grading shall be limited to foundation grading and a reasonable amount of grading incidental thereto (exception noted in condition. 18 below). 16. Driveways shall be graded to slope to the lot rather than cut into lots at street grade. 17. Lots 10 through 12 and 28 through 30 shall be graded to drain to the street. 18. A,-note shall -be.placed on the fihal.map indicating that lots 14 through-17 and 34 through 38 will require special provisions in building design in order to sewer to the street. 18. A note shall be placed on the final map indicating that lots 14 through 17 and 34 through 38 will require special provisions in building design in order to sewer to the street. 19. The final design and exact placement of sewer lines shall be subject to the approval of the City Engineer. 20. Street names shall be subject to the approval of the Community Development Director. 21. All cut and fill slopes shall be seeded immediately subsequent to their creation to the satisfaction of the City Engineer. 22.The- subdivider is hereby granted a sidewalk exception for all frontages abutting - the area to be dedicated as a neighborhood park. On motion of Manor Schwartz seconded by Councilman Dunin , and on the following roll call vote: AYES: Mayor Schwartz, Councilmen Dunin, Petterson and Jorgensen NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted ATTEST: C1 er J.H. Fitzpatrick 5th day of July 1977. . —Sc £C Resolution No. 33621',—, j Tentative Tract Map No. 603 Page 3 Approved as to form: Approved as to content: Wendt, Mitchell, Sinsheimer, de la Motte & Lilley City Attorney By: Allen Grimes AR 0107A- A, RESOLUTION NO. 3361 (1977 Ser� A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL CERTIFYING THE PROJECT ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE TRACT MAPS NO. 603 AND 608. WHEREAS an Environmental Impact Report has been prepared and processed for Tentative Tract Maps No. 603 and 608 in accordance with State and City EIR Guidelines and Procedures, and WHEREAS the City Planning Commission has conducted public hearings re- ceiving: both written and verbal comments and incorporating same with responses into the final EIR, and WHEREAS mitigation measures specified in the project EIR to minimize significant environmental impacts (page 47) have been taken into account in the following manner: (A) To minimize grading and alterations to natural land forms, a condition of approval has been recommended to prohibit the padding of lots. (B) In order to improve the buildability of lots 10 and 11 in Tract 603, and also certain other lots in tract 603 and 608, a condition of approval has been recommended to require driveways to slope to the site as opposed to grading them into the site at street grade (pages 47 and 30, project EIR). Lots 34 and 54 of Tract 603 have been recommended for removal to accommodate a dedicated neigh- borhood park. (C) Suggestion for a basin wide plan to reduce the total contaminants entering Laguna Lake is beyond.the scope of this particular project.- (D) In order to mitigate erosion, a condition of approval has been recommended requiring cut and fill slopes to be seeded immediately subsequent to their creation. R 3361 Resolution No. 3361 EIR - Tentative Tract 603 & 608 Page 2 (E) No provision was considered to establish a maximum density of eight dwelling units per acre on the planned development areas; however, the maximum density permitted according to City policy is 7.5 dwelling units per acre (Planned Development R -1 zone). (F) The monitoring of school capacities is within the the responsibility and jurisdiction of San Luis Coastal Unified School District; however, that agency has received a copy of the EIR and may initiate a monitoring program as recommended. (G) One hour fire rated construction is required by the Fire Code for areas beyond the four - minute response time. Non- combustible roofs are a City Fire Department requirement in the Laguna Lake Area. (H) Tract 603 has been modified to dedicate 3.3 acres of land for a. neighborhood park. (1) The placement of a left turn lane and signal at Descanso Street was considered, but deferred to an undetermined future date for a need evaluation; and WHEREAS the City Council has reviewed the project- EIR,`has: conducted -.a public hearing in compliance with City EIR Guidelines and Procedures and determined that said EIR adequately identifies significant environmental impacts, NOW THEREFORE the City Council resolves as follows: 1. That the project EIR for Tentative Tracts 603 & 608 is certified as having been completed in compliance with CEQA and State EIR Guidelines. 2. That mitigation measures described in the project EIR have been either incorporated into the project design, determined to be within the juris- diction of another public agency,'or determined to be more appropriately addressed at a future date as an area wide problem. "Resolution No. 3361 EIR - Tentative Tract 603 & 608 Page 3 On motion of Councilman seconded by Councilman Jorgensen ,, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 5th day of:- July , 1977. ATTEST: 11-y''C er J.H. Fitzpatrick Approved as to form: Wendt, Mitchell, Sinsheimer, de la Motte & Lilly City Attorney By: Allen Grimes Approved as to content: B Associat anner i y eer RESOLUTION NO. 3360 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACKNOWLEDGING EXECUTION OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY FIREMEN'S ASSOCIATION FOR 1977 -78. WHEREAS, representatives of City administration and of the City of San Luis Obispo Firemen's Association have participated in negotiations for salaries and benefits for fire department personnel; and WHEREAS, a Memorandum of Understanding has been executed by the City Administrative Officer and the President of the Firemen's 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 Firemen's Association, a copy of which is attached hereto marked Exhibit "A" and thereby incorporated herein, is approved in concept.pending a final review by both parties with any adjustments agreed upon prior to the Council's July 5, 1977;. meeting. 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. Such documents shall be presented at the July 5, 1977, City Council meeting. 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 is passed and adopted this 27th day of June , 1977. ATTEST: 'Clerk J.H. Fitzpatrick AG:ktm 6/27/77 Resolution No. Approved as to form: WENDT, MITCHELL, SIN IMER, de la M077E $ LILLEY� City Attorney By Allen Grimes AG:ktm 6/27/77 (1977 Series) Approved as to content: City Administrative icer Personnel Director 4an for MEMORANDUM OF UNDERSTANDING between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO FIREFIGHTER'S ASSOCIATION o 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 Firefighter's Association ( SLOFA), 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, 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 SLOFA: E. Recognition, The San Luis Obispo Firefighter'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 providion 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. SLOFA 7/77 ARTICLE II — DIRECT PAY FOR SERVICES A. Rules Governing Step Increases The rules governing step increases for employees covered by this D70U are included in the current Salary Resolution with the following modification: -The Fire 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 Fire 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. 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.2.73% increase of step 5 of the salary range recommendations of the U.S. Civil Service Comm_ ission 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 December 31, 1977, on a list of public agencies whose salary and benefit data shall be used as a guide in next year's Meet and Confer sessions. D. Overtime 1. Firefighters, Fire Engineers, and Fire Captains shall receive overtime pay at straight time for non- emergency purposes when in excess of regularly scheduled shifts. 2. Fire Battalion Chiefs; the Fire Marshal and the Training Captain shall not be eligible for overtime pay. However, the Fire Chief may grant employees in these classifications occasional compensating time off (CTO). There shall be no formal accounting of or cash payoff at termination for such CTO. 3. 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. 2 3 4. All overtime.shall be authorized in writing by the Fire Chief prior to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. E. Emergency Call Back Sworn personnel called back for emergencies involving actual fire fighting shall be paid on a straight time basis \:wi:th_.a::four..hour.minimum guarantee. F. Fire Inspectors Firefighters assigned as Fire Inspectors shall receive two half -steps additional pay with the exception of the Firefighter assigned as Fire Inspector /Arson who shall receive five half -steps additional pay. G. Training Officer The Fire Captain assigned as Training Officer shall receive two half -steps additional.pay. H. Mutual Aid "Combat Type" Employees assigned to mutual aid "combat type" situations and who are actually engaged in such situations (not merely standby or acting as back up) shall be paid an extra half hour's pay for each hour worked even though they are working as part of their regular work schedule. I. Standby Employees below the rank of Fire Marshal on standby shall be compensated one hour's pay for each eight hour incident with a minimum of two hours straight time pay for each assigned standby period. J. Work Out Of Grade An employee may be temporarily assigned to a higher classification when there is an actual vacancy where the City is not paying salary, sick leave, vacation or temporary disability or other compensation to a person in that position. Such an employee shall receive two half -steps additional pay but in no case more than the top step for the higher classification. No credit for seniority in the higher classification shall be given to an employee given a temporary promotion. ARTICLE III - FRINGE BENEFITS A. Health Insurance The City agrees to contribute $75.61 per month for all employees covered by this agreement 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. B. C. t9 E C Retirement The City agrees.to provide the 2% at age 55 plan to all sworn all non -sworn personnel. The namely beneficiary's half -pay leave to additional retirement Vacation Leave C Public Employee's Retirement System'.s personnel and the 2% at age 60 plan to 2% at age 55 plan includes two amendments continuance and conversion of unused sick credit. Each employee covered by this agreement shall accrue vacation leave with pay on the following basis: 1. Upon termination of one year of continuous service, 12 days or the shift equivalent for shift personnel. 2. Thereafter, up to and including five years of continuous service, 12 days per year or the shift equivalent. 3. Upon completion of five years of service, and thereafter, up to and including 10 years of service, 15 days per year or the shift equivalent. 4. Upon completion of 10 years of service and thereafter, up to and including 20 years of service, 18 days per year or the shift equivalent. 5. Upon completion of.20 years of service, and thereafter, 20 days or the shift equivalent per year. 6. Vacation leave shall be accrued as earned each payroll period up to a maximum of 25 days or the shift equivalent. Effective on July 1, 1978, there will be no accrual of vacation leave for employees with 25 accrued days or the shift equivalent of 280 hours. 7. The department.head or his authorized representative shall schedule vacation so as to minimize their impact on department efficiency and productivity. 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 (Admission 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. All employees on shift duty shall receive the shift equivalent of vacation e d n arne at equal monthly rates in lieu of holidays. The maximum of 25 days -or the shift equivalent vacation leave accrual includes in -lieu holiday vacation. When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday.shall be observed. Sick Leave. 1. Definitions - sick leave shall be defined as follows: a) Absense from duty because of illness or o_ff =.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 or the shift equivalent 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. Shift personnel shall be charged for usage of sick leave on the basis of a whole shift or fractional equivalent. 5: Written proof of illness from an authorized medical authority for sick leave use.in excess of five consecutive days or the shift equivalent shall be submitted to the Fire Chief. Such proof may be required for periods of less than five days where there exists an indication of abuse. 6. Accumulation of sick leave shall be unlimited. 7. 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 10 years of continuous employment - 10% 2) After 20 years of continuous employment - 15% F. Uniform Allowance Each employee shall receive an annual allowance of $128, paid semi - annually. This figure equals 10% of the monthly fifth step for Firefighter. 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 Fire Marshal. 1. Basic Benefits. Educational incentive pay shall not start for one year after employment with the City of Sam 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. ® C 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 education incentive shall be.removed if the employee is promoted to a position which does not entitle employees to such incentive. 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 satisfactory completion of same with a grade of "C" or better. H. Deferred Compensation The Battalion Chiefs and Fire Marshal shall be allowed to participate in the City's deferred compensation plan. 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 or resolution. 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. D. Work Week Effective July 1, 1977, employees working shifts shall work a 58 -hour work week on a regularly scheduled basis. Starting January 1, 1978, employees working shifts shall work a 56 -hour work week on a "regularly scheduled basis. Y APPENDIX A Fire Battalion Chief Fire Captain Fire Engineer Firefighter Fire Marshal /Battalion Chief Fire Vehicle Mechanic The undersigned parties have caused this Memorandum of Understanding to be executed this 24th day of June, 1977. San Luis Obispo Firefighter's Association by: � President SLOFA APPROVED AS TO FORM: City Attorney City Administration by: Administrative Zfficer APPROVED AS TO CONTENT: Personnel Direct 0 SLOFA 7/77 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 Firefighter's Association (SLOFA)1 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, cooperation and understanding between the City and the employees coveted 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 SLOFA. E. Recognition The San Luis Obispo Firefighter'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 providion 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. 1. The official title is ".San Luis Obispo Firemen's Association." The term "Firefighter's" is used in this MOU to be consistent with the City's position on Affirmative Action. • C ARTICLE II - DIRECT PAY FOR SERVICES A. Rules Governing Step Increases B. I� The rules governing step increases for employees covered by this MOU are. included in the current Salary'Resolution with the following modification: The Fire 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 Fire 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 (l.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. scalesifor those classifications covered by this agreement. -shall represent a 2:73% 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 2 It is agreed that.both parties'to this MOU shall agree by December 31, 1917, on a list of public agencies whose, salary and benefit data shall be used as a guide in next year's`Meet and Confer sessions. D.. Overtime 1. Firefighters, Fire Engineers, and Fire Captains shall receive overtime pay at straight time for non - emergency purposes.when in excess of regularly scheduled shifts. 2. Fire Battalion Chiefs, the Fire Marshal and the Training Captain shall not be eligible for overtime pay. However, the Fire Chief may grant employees in these classifications occasional compensating time off (CTO). There.shall be no formal accounting of or cash payoff at termination for.such CTO. 3. 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. 4. All overtime shall be authorized in writing by the Fire Chief prior to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where_. no minimum is authorized. E. Emergency Call Back Sworn per called back for emergencies involving actual fire fighting shall be paid on a straight time basis with.a four hour minimum guarantee. F. Fire Inspectors Firefighters.assigned as Fire Inspectors shall receive two half -steps additional pay with the exception of the Firefighter. assigned as Fire Inspector /Arson who shall receive five half -steps additional pay. G. Training Officer The Fire Captain assigned as Training Officer shall receive two half -steps additional pay. H. Mutual Aid "Combat Type" Employees assigned to mutual aid "combat type" situations and who are actually engaged in such situations (not merely standby or acting, as back up) shall be paid an extra half hour's pay for each hour worked even though they are working as part of their regular work schedule. I. Standby Employees below the rank of Fire Marshal on standby shall be compensated one hour's pay for each eight hour incident with a minimum of two hours straight time pay for each assigned standby period. J. Work Out Of Grade The City agrees that when fire personnel are working out of class in a higher paid class they will receive credit for compensating time off on the basis of one hour for each period of more than twelve hours up to twenty -four hours so served or -one -half hour for a period of eight to twelve hours. An employee may be temporarily assigned to a.higher classification when there is an actual "vacancy where the City is not paying salary, sick leave, vacation or temporary disability or other compensation to a person in that position. Such an employee shall receive two half -steps additional pay but in no case more than the top step for the higher classification. No credit for seniority in the higher classification shall be given to an employee given a temporary promotion. ARTICLE III - .FRINGE BENEFITS A. Health Insurance ® The City agrees to'contribute $75.61 per month for all employees covered by this agreement to be spent, first, on employee coverage under the Pacific Mutual medical.insurance group plan and, second, on dependent SLOFA coverage or on City - approved health or disability plans. 7/77 3 0 5 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.35) working days.for each incident. 2'.:. Each employee shall accrue sick leave with pay at the rate of 12 days _or the shift equivalent 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. Shift personnel shall be.charged for usage of sick leave on the basis of a whole shift or fractional equivalent. 5. Written proof of illness from an authorized medical authority for sick leave use in excess of five consecutive days or the shift equivalent shall be submitted to the Fire Chief. Such proof may be required for periods of less than five days where there exists an indication of abuse. 6. Accumulation of sick leave shall be unlimited. 7. Upon termination of employment by death or.ret_irement, 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 10 years of continuous employment - 10% 2) After 20 .y"ea"rs of.continuous employment - 15%. F. Uniform Allowance Each employee shall receive an annual allowance of $128, paid semi - annually. This figure equals 10% of the monthly fifth step for Firefighter. 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 Fire Marshal. 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. • O 6 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 incentiives.shall not be paid for education received on City time. The education incentive shall be removed if the employee is promoted to a position which does not entitle employees to such incentive. 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 satisfactory completion of same with a grade of "C" or better. H. Deferred Compensation The Battalion Chiefs and Fire Marshal shall be allowed to participate in the City's deferred compensation plan. 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 or resolution. 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. „• D. Work Week Effective July 1, 1977, employees•workin' shifts shall work a 58 =hour work week on a regularly scheduled. basis, Starting January 1, 1978, employees working shifts shall work a 56 -hour work week on a regularly scheduled basis. 4 B. Retirement The City agrees to provide the Public Employee's Retirement System's 2% at age 55 plan to all sworn personnel and the 28 at age 60 plan to all non-sworn personnel. The 2% at age 55 plan includes two amendments namely beneficiary's half -pay continuance and conversion of unused sick leave to additional retirement credit. C. Vacation Leave Each employee covered by this agreement shall accrue vacation leave with pay on.the following basis: 1. Upon termination of one year of cbntinuous service, 12 days or the shift equivalent for shift personnel. 2. Thereafter, up to and.including five years df continuous service, 12 days per year or the shift equivalent. 3. Upon completion of five years of service, and thereafter, up to and including 10 years of service, 15. days per year or-the shift equivalent. 4. Upon completion of 10 years of service and thereafter,,up to and including 20 years of service, 18 days per year or the shift equivalent. 5. Upon completion of 20 years of service, and thereafter, 20 days or the shift equivalent per year. 6. Vacation leave shall be accrued as earned each payroll period up to a maximum of 25 days or the shift equivalent. Effective on July 1, 1978, there will be no accrual of vacation leave for employees with 25 accrued days or the shift equivalent of 280 hours. 7. The department head or-his authorized representative shall schedule vacation 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.l (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),£ourth 1 Monday in October (Veteran's Day), fourth Thursday in November (Thanksgiving Day), Friday after Thanksgiving, December 25. (Christmas), State and Federal Election days. All employees on shift duty shall receive the shift equivalent of vacation earned at equal monthly rates in lieu of holidays.. The maximum of 25 days .or the shift equivalent vacation leave accrual includes in -lieu holiday vacation. When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed: E. Sick Leave 1. Definitions - sick leave shall be defined as follows.: a) Absense from duty because of illness or off -the -job injury, ® or exposure to contagious diseases. The undersigned parties have caused this Memorandum of Understanding to be executed.this 24th'day of June, 1977. San, Luis Obispo.Firefighter's Association ._City Administrativn r by l�V .'✓ �tGfc/7�r/ b , Y: President SLOFA. Administrative Zfficer APPROVED AS TO FORM: n t City Attorney APPROVED AS TO CONTENT: B� Personnel Direct e 0 0 • APPENDIX A Fire Battalion Chief Fire Captain Fire Engineer Firefighter Fire Marshal /Battalion Chief Fire Vehicle Mechanic • s C � RESOLUTION NO. 3359 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REGARDING SIGN REGULATIONS. WHEREAS, the Planning Commission has recommended to the City Council the adoption of a proposed ordinance revising the sign regulations; and WHEREAS, the Council has reviewed the proposed regulations and desire to make those modifications set forth in italics in the attached exhibit, marked Exhibit "A ", and by such reference made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The aforesaid Sign Regulations are referred to the Planning Commission for report and recommendation on the proposed modifications pursuant to Section 65857 of the Government Code. Section 2. The City Clerk shall transmit a copy of this Resolution to the Planning Commission. On motion of Councilman Gurnee , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 21st day of June , 1977. ATTEST: 0 Approved as to fo WENDT, MITCHELL, SINSHEIMER, de la •TTE & LILLEY City A'�y By Allen Grimes Approved as to content: City Administrative Offi R 3359 a C;IGN REGULATIONS' (&La.6.t -i ndtica tiina City Coullca chann eh 9701.GENERAL PROVISIONS 9701.1 Title This Chapter shall be known and cited as the "Sign Regulations of the City of San Luis Obispo." 9701.2 Purpose These regulations are intended to: A. Protect and enhance the character and natural beauty of the community and its various neighborhoods and districts; B. Protect those. uses which are adequately and appropriately identified from too many and too large signs in their environs; C. Protect commercial districts from sign clutter; D. Protect the public's ability to identify uses and premises without confusion; E. Eliminate unnecessary distractions which may.jeopardize pedestrian or vehicular traffic safety; F. Assure the maintenance of signs; and, G. Implement the community design objectives expressed in the General Plan. 9701.3 Scope It is unlawful for any person to construct, maintain, display, or alter or cause to be constructed, maintained, displayed or altered a sign within the City except in confo 4 rmance with this Chapter. - -J701. - `1Z0.Z DEFINITIONS As used in this Chapter, the following terms and phrases shall have the indicated meanings: Area of sign means'the.number of square feet of the smallest rectangle within which a sign face can be enclosed. The total area of signs iS„the .total. number of square feet ,z4.FP -i Fr �• �� 6, gn 6ace.6. Each 6ace o6 a dcub.2e -(aced 6�gK 5haU be mea�suh.ed seponatety in detie�u;i ung the area. o6 such a .aigii.:'. . Billboard means .a sign structure which is made available for lease or rent. JUN 2 1 .1977 L11 Q Building face means the whole of a building visible in an elevation of the building. Bulletin board means,a sign which accommodates changeable copy and which displays information on activities and events on the premises. Directory sign means a sign identifying the location of occupants of a building or group of buildings which are divided into rooms or .suites used as separate offices or studios. Exterior- illuminated sipn means any sign any part of wh.i -ch is illuminated from an exterior artif`i.ci`al .light source mounted on the sign, another structure, or the ground. Free - standing .sign means a sign not attached to.any buildings and having its 'ocrn,.support structure.. Group quahtexs means a tesidenti.ct2. �aeiUty in which naident,6 do not occupy ,iAdivi lua°_ dvjefXin.q unit,6. entitication sign means any sign identifying an occupant, apart - ment, residence, school, church, or certain business uses and not advertising any product or service. Interior- illuminated sign means a sign any.part of which has.charac- ters, letters, figures, or any portion of the sign face or outline thereof illuminated from an interior light source. Height of sign means the vertical. distance from average adjacent ground .level to the -top of the sign including, the support structure and any design elements. Lot frontage or frontage means the horizontal distance along a lot line adjacent to a public street, or the side of a lot adjacent to a public street. Marquee sign means a sign placed on the face of a permanent roofed structure projecting over the building entrance, which is an integral part of the building (usually a theater or hotel). Mission Plaza means the area bounded by Chorro Street, Iliguera Street, Broad Street, and Monterey Street, excluding the faces of buildings which front on said streets.. Monument sign means a sign which is completely self- supporting, has its base on the ground, and is generally rectangular in form. Non- illuminated sign means a. sign with no internal or external artifical light source and only incidentally illiminated by ambient light conditions. Non - residential zone means any'zone other than an R -1, R -2, R -3, R -4, or R -H zone.. Off- premise sign means any sign which directs attention to a busi- ness, service, product, or entertainment not sold or offered or only inc iden tally. sold or offered on the, premises on which the sign is located. JUN 2 1 1977 2- Person means any individual;: partnership, corporation, association, or government or any other legal entity. Planned residential development means a residential use developed in accordance with Planned Development District regulations of the Zoning Ordinance. -- - Political sign means a sign intended to draw attention to or communicate a position on any issue, candidate, or measure in any national, state, local., or university campus election. Price sign means a sign. on the premises of a service station, which contains information on the cost and type or grade of motor fuel only. Projecting sign means a sign which extends out-from a building face or wall so that tie sign face is perpendicular or at an angle to the .building face or wall. Railroad uq S are means the area bounded by High Street, Santa Barbara Street, Church Street, and the Southern Pacific Transporation Com- pany railroad right -of -way. Roof sign means any sign located on or attached to and extending above the roof of a building. Shopping center means five (5) or more stores with a minimum area of fifty- .thousand (50,000) square feet, three - hundred (300) _feet of frontage and common off - street parking. Second h.tong mean the highest poknt o6. the hecond 6tom os a buUding. Sign means any visual device or representation designed or used for the purpose of communicating a message or identifying or attracting attention to a premise, product,.service, person, organization, business or event, with or without the use of words, visible from outside the premises on which such device is located. Sign face means the visible sign proper including all characters and symbols,_4a-t (excluding essential structural e1£ments which are not an integral part of the display) and - incfudin9 non= .6ttutctmat Shame. Sign area: see "area of sign." Suspended sign means a sign attached .to and.located below any permanent eve, roof„ or canopy. Temporary sign means any sign which remains in use not more than sixty (60) days or such other period limited to the duration of a condition or activity specified in this Chapter. Wall sign means a single faced sign painted on or attached to a building or wall, no part of which extends out from or above a wall more than six (6) inches. Window sign means a sign displayed within a building or attached to 'the interior of. a. window but visible through a window or similar opening for the primary purpose of exterior visibility. JUN 21 1977 9702 SIGN REGULATIONS 9702.1 Permit Required No sign shall be constructed, maintained, displayed or altered within the City except pursuant to a sign permit obtained as provided in this Chapter, unless the sign is specifically ex- empted from permit requirements. 9702.2 Exempt Signs The following signs shall be allowed without a sign permit and shall not be included in the determination of type, number, or area of signs allowed in each zone district, piedided that the l- feet per property [Under cexta.iu2 c,incwns.tancez . temporary sig�iz and o.theA . exempt s i.gnz may tequ,iAe. a buiX diktg, p.2umb.ulg, wt ceec txicae peAm.tt. See See#(.cn 9703.2) A. Official federal, state, or local government flags, emblems, and historical markers. B. Official federal, state or local government traffic, directional, and informational signs and notices issued by any court, person, or officer in performance of a public duty._ C. Temporary signs warning of construction, excavation, or similar hazards so long as the hazard exists. D. One temporary sign not exceeding sixteen (16) square feet used to indicate owner, builder, architect, and pertinent data re- garding building construction on the building site during construction only. E. Temporary holiday decorations. F. Temporary political signs not.exceeding three (3) square feet Sot each ptop2hiy�l -in residential zones and ten(10) square feet total non- residential zones. Sot each ptopexty G. Temporary signs indicating that the property is located is for sale, rent, or lease. On] permitted to face on each street adjacent to Such signs may be single or double faced and three (3) square feet or less on property.in and ten (10) square feet or less on property zones. on which the sign one such sign is the property. are limited to residential zones in non - residential H. "No Trespassing" signs each not more than one (1)"square foot in size placed at each corner and each entrance to property and at intervals of not less than one - hundred (100) feet or in.compliance with the requrements.of law. JUN 2 1 1977 4 0 \/ I. Identification signs for residences limited to not more than one 44+ square foot for each residence. ' w- �-i- g+j-s-; - eevet°-i ttg —no-t— more —t fra n— f—peree rrt --F�6 i� j—of —ttr J -�- Parking lot and other private traffic directional signs each not exceeding five (5) square feet in area and limited to guid- ance of pedestrian orveiicular traffic within the-premises on which they are .located. K-6— Miscellaneous permanent information signs in non - residential zones, with an aggregate area not to.exceed three(3) square feet at each public entrance nor ten (10) square feet total, indicating address, hours and days of operation, whether a business is open or closed, credit information, and emergency address and telephone numbers. L-Rr For each service station, not more than one(1) free - standing price sign for each frontage not exceeding twenty (20) square feet each, located on the premises but not within required street yard areas. M -K' Bulletin boards not over twenty -four (24) square feet in area and six (6) feet in height, for public, charitable, -ate religious institutions. O't JUN 2 1 1977 S 9702.3 Prohibited ns In addition to any sign not specifically in accordance with this Chapter, the following signs are prohibited: A. Any sign which simulates. or imitates in size, color, lettering, or design any traffic sign or signal, or which makes use of words, symbols, or characters in such a manner to interfere with, mislead, or confuse pedestrian or vehicular traffic. B. Signs attached or placed adjacent to any utility pole, parki.ng meter, traffic sign post, traffic signal or any other official traffic control device in accordance with Section 21464 of the California Vehicle Code. C. Any sign, except as may be required by other code or ordinance, placed or maintained so as to interfere with free ingress to or egress from any door, window, or fire escape. D. Private signs, other than permitted projecting signs, located on or extending over public property without a valid encroach- ment permit. E. Signs erected without the permission of the owner, or his agent, of the property on which such sign is located. F. Temporary signs vis.ible from a public street attached to or placed on merchandise or materials stored or displayed outdoors. G - G. - --g�° �v/,,CMdy a. L 4t' F�ny sign igIcjc%es ono coon oR wi6a edfo'M6� ling clearance requirements, provided that further restrictions adopted by the California Public Utilities Commission shall be followed: Minimum Clearance of Signs from Conductors Less Than Greater Than or Equal 750 Volts to 750 Volts Vertical Clearance Above Sign 3 Feet 8 Feet Below Sign 3. Feet Prohibited Horizontal Clearance From Conductors 3 Feet 6 Feet From Poles 4 Feet 6 Feet 9702.4 Special Purposes Unusual site conditions, or.other design factors may warrant types, heights and sizes of signs not otherwise eensidered 9 9 ^ ^ ~ ^f-)r- i -a-te . pelun.itted by The following signs shall require approval of the Architectural -these ,Legu.Eat:' Review Commission: A. Signs consisting of or containing any.ftving, rotating, flashing or otherwise animated light or component. B. Roof. signs.wh,i.ch do not extend above the highest point o6 the na06. JUN 2 1 1977 C. Any ind, lual sign, combination of a igns on any one property, which exceeds the height or area limitations of the sign standards hereinafter prescribed for the zoning district in which the property is located. including D.. Off - premise signs billboards. F Any other visual device which does not, in the discretion of the Community Development, Director, comply with the purpose of this Chapter or the intended interpretation of these standards. Application to the Architectural Review Commission shall include reasons or exceptional circumstances which . warrant consideration for exceeding these standards (e.g. non - conforming use, visual obstruction, unusual building location on site, etc.) The ARC may approve, deny or modify an application. 9703 SIGN PERMITS 9703.1 Application Any person desiring to construct„ maintain, or display,a sign.for which a permit is required shall submit an application to the Depart- ment of Community Development. Such application shall include plans, drawings, and other descriptive material sufficient to depict the sign proposal, as well as all other proposed or existing signing on the same property, and to enable evaluation of the proposal's conformance with the sign regulations. Authorization.of the property owner shall be required to submit a sig application. 9.703.2 Buil.dinq Permits net m t Sign permit applications shall be routed to the Chief Building Official. When, in his determination, a separate building, electrical .or plumbing permit is required, the.applicant shall be.notified and the sign permit shall not be issued until such other permits are obtained from the Building Division of the Community Development Department. .-(Under eertain eireuTsianees _____ ,, Athpr building, 9703.3 Actions of Community.Development Director Within fifteen (15) days of receiving a proper application for sign permit which is not contingent upon action by the Architectural Review Commission or the issuance of other permits, the Director of Community Development shall in writing approve, conditionally approve, or deny the application. The Director may impose only such conditions as will assure compliance with the provisions of this Chapter. 9704 SIGN STANDARDS For individual sign proposals riot subject to architectural review, all signs shall conform to the following standards for the zone district in which they, are -located. For new construction or major remodeling, signs approved as a result of architectural review as provided in Article IX, Chapter 5 of the Municipal Code shall be constructed, maintained, and displayed as indicated in the JUN 2 1 1977 plans approved by the Architectural Review Commission. The. 7 i Architectural eview Commission may impose more restrictive require- ments in order to fulfill the purposes of this Chapter; it may also, upon demonstration of exceptional circumstances, approve si.gns which exceed these standards. 9704.1 Residential Zones A. The following signs are permitted within the unclassified (U), Agricultural /Conservation ('A /C), Public Facility (PF), Low Density Residential (R -1), and Pledium Density Residential (R -2) Zone Districts: . (1) One identification sign not exceeding one (1) square foot in area for each dwelling unit. (2) One non - illuminated identification sign not exceeding ten (10) square feet for each frontage.of a planned residential development, multiple family building, group quarters or institutional use. B. The following signs are permitted within the Medium-High Density Residential (R -3), and.High Density Residential (R -+ and R -H) Zone Districts: (1) One identification sign not exceeding one (1) square foot for each dwelling unit. (2) One identification sign not exceeding ten (10) square feet for each frontage of a planned residential devel- opment, apartment or condominium complex, group quarters, or institutional use. 9704.2 Office Zone The following signs are permitted within the Professional Office/ Residential (P -0) Zone District: A. Signs for residential uses as provided in Section 9704.1. B. Total area of all signs for professional office uses shall not exceed fifty (50) square feet, including; (1) One free - standing sign not exceeding twenty -four (24) square feet in area or eight (8) feet in height, (2). One wall sign not exceeding five percent (5 %).of the an ,tcue;tt .cve (25) ._building face,?,for each frontage and not including y 6 interior illuminated signs. sq=Le. beet, wucheven .is less (3) One directory sign which is not interior illuminated and not exceeding one (1) square foot for each room or suite occupied as a unit. 9704.3 Commercial and Industrial Zones Section A. Signs for residential uses as provided in/9704.1. JUN 2 1 1977 B. The followi.ng signs are permitted within the Neighborhood. Commercial (C -N) Zone District. Total sign area, exclusive of shopping center identificaiton signs, not to exceed one. hundred (100) square feet, including: (1) One free - standing sign not exceeding twenty -four (24) square feet in area or twelve (12) feet in height, for uses not located within a shopping center. . bat. each 6n.ontage on buciEdi.ng 6ace having a pub,Uc entAance (2) One wall sign per business or tenantAnot to exceed ten per- cent (10 %) of the building face area occupied by the business or tenant and not to exceed fifty (50) square feet. C. The following signs are permitted in the Retail Commmercial (C -R) Zone District. .Total area of all signs on one premises, exclusive of shopping center identification,signs, shall not exceed two hundred (200) square feet,including: bon each 6nontage on buii ding 6aV having a pu.b.Uc enftaAce (1) One wall sign per business or tenant not to exceed fifteen percent (15 %) of .the building face, nor to be located above second story and each not to exceed one hundred (100) square feet. (2) One suspended sign not to exceed ten (10) square feet. (3) One projecting or marqueesign not, to exceed twenty -four (24) square feet. (4) One directory sign as provided in Section 9704.2.B(3). D. The following signs are permitted wi.thin.the Service Commercial (C -H), Research Manufacturing (M =R), and Industrial (M) Zone Districts. Total area of all signs shall not exceed two - hundred (200) square feet, including: bon each 6.tontage on buiEdi.ng 6aee having a.pubEi.e entrance (1) One wall signvnot to exceed fifteen percent (15%) of building face and not to exceed one hundred (100) square feet nor to be located above the second story. (2) One free- standing sign not exceeding 4-44§t n��) feet in height or seventy-two (72.) square feet in area. (3)r One off - premise sign not to exceed two - hundred (200) square feet in area or twenty -five (25) feet in height, provided that a use permit is first obtained pursuant to Section 9200.17 of the Municipal Code. E. The following signs are permitted within the Tourist Commercial (C -T) Zone District. Total area of all signs shall not exceed two hundred (200) square feet, including: (1) Same as Section 9704.3.D. for all uses except those listed. below: JUN 2 1 1977 9 C (2) For motels, restaurants and service stations: seven (70) (a) Wall signs not'to exceed fifteen percent . of building face, nor to be.located above second story and each not to exceed one hundred (100) square feet. (b) One freestanding sign not to.exceed twenty -five (25) feet in height or seventy -tGio (72) square feet area; °C ArchitecturaZ Review Commission F. Shopping Center Identification Signs. With -ARC-approval, in addition to the signs permitted for individual tenants or buisnesses, shopping centers may have one identification sign per frontage (or freeway exposure) not to exceed twenty -five (25) feet in height or seventy -two (72) square feet in area. Such shopping center signs shall not be included in the dimensional or area calculations for individual tenants or businesses. G. Mission Plaza and Railroad Square. All signs within Mission Plaza ffltrst and`e '""""" ^a h +he ORB " " ', 'thin Railroad Square nequiAe appnova2b the-AK—as provided in Article IX, Chapter 5 of the Municipal Code. A�rchiteatunaC Rev�¢1�i Signs within these districts shall contribute to the historical themes Comm"' s.i.on and design character of their settings. The ARC -u, BR8 may allow types of signs other than those permitted in the zone district standards with- in these special districts when such signs are part of a unified design plan which furthers the purposes of this Chapter. H. Yards. Except as provided in this Chapter no signs shall be allowed within the required yard area. Traffic directional signs and identifi- cation signs not exceeding three (3) feet in height may be placed in the required yard area. (See Section 9704.4.B.) 704.4 General Standards The following standards apply to signs located in all zone districts: A. Illuminated signs. Lighting.for exterior illuminated signs shall be so arranged'that it does not create a hazardous glare for pedestrians or vehicles either in a public street or on any private premises. Each sign shall be designed so that illum- ination does not exceed, ten (10) candlepower at a distance of ten (10) feet from the sign. B. Free - standing and monument signs. Monument signs may be used where free - standing signs. are permitted by the provisions of this Chapter. Such monument signs shall have the same area limitations as free - standing signs but shall not exceed one - third (1/3) the height of allowed free standing signs. .Monument signs shall not be placed so as to obstruct visibility necessary for safe vehicular and pedestrian circulation, but may be placed in required street yard and /or setback areas. C. Projecting and suspended signs. Projecting signs, including marque signs and suspended signs, shall conform to the following requirements: (1) The minimum clearance between the lowest point of a sign and the grade`immeOiately below shall be eight (8) feet. JUN 2 1 1977 in (2) The ,..nimum horizontal clearance betw,_ --n a sign and the curb line shall be two (2) feet; the maximum projection over a public sidewalk shall be two - thirds (2/3) the width of the sidewalk or six (6) feet, whichever is less. (3) The top of a projecting sign shall not exceed the height of the face of the building by which it is supported.- D. Wall Signs. The distance between the highest point of a wall sign and the grade immediately below shall not exceed twenty -five (25) feet. 705 NON - CONFORMING SIGNS 9705.1 Abatement of Previous Non - Conforming Signs Signs which existed as non - conforming signs under the provisions. of Ordinance No. 379, adopted August 7, 1967, and which do not comply with the provisions of this Chapter; shall be abated according to the schedule for such signs established in said ordinance, and the adoption of this Chapter shall in no way extend such original, abatement period. 9705.2 Abatement of Non-Conforming Signs Signs which do not conform to the provisions of this Chapter but which lawfully existed and were maintained prior to (the effective date of this ordinance) shall be removed or made to conform within sixty (60) days after written notice by the Department.of Community Development., when:. A. The use of the-premises changes and the exterior of the,building or .other site conditions are to be altered; or B. A sign is damaged by any cause resulting in replacement or repair cost equal to or.greater than one -half (112) of its replacement value at the time the damage occurs; or C. In accordance with the amortization schedule outlined in Section 9705.3. 9705.3 Amortization of Non - conforming Signs A. Signs which do not conform to the but which lawfully existed and we effective date of this ordinance) to conform within sixty (60) days ment of Community .Development, in schedule: Original Value of Sign provisions of these regulations re maintained prior to (the shall be removed or made written notice by the Depart- accordance with the following Amortization Period Less than $500 One.(1) year . $500 to $999 Two (2) years $1,000 to $2,999 Four (4) years $3,000 to $5,999 Eight (.8) years More than $6,000 Ten (10) years B. The time periods in the above schedule shall commence (upon the effective date of this o- rdf-rrarrce).. JUN 2 1 1977 Chapter C -D." If a sign becomes non - conforming due to the amendment of these regulations the period for abatement shall be measured from the effective date of the amendment. D•-E- If more than one sign on a premises is or becomes non - conforming, the original cost of all such non - conforming signs shall be aggregated for the purpose of determining the amortization period. E —F The owner or user of a non- conforming sign shall, upon written request of the Department of Community Development, furnish acceptable proof of the initial cost in the form of (1) an original bill of sale, (2) a depreciation schedule from state or federal income tax returns, or (3) a written appraisal by a sign manufacturer. 9705.4 Notice to Owners of Non - conforming Siqns chapter A. Within one (1) year of (the effective date of this e -rdafla -Rse) the Community Development Department shall give written notice to the owners of signs which do not conform to the provisions of Ordinance No. 379, adopted August 7, 1967,.informing them of the nature of the non - conformity and of the City's intent to enforce Section 9705.1 of these regulations. chapter B. Within one .(l) year of (the effective date of this etd4tamet-- the Community Development Department shall give written notice to the owners of signs which do not conform to the provisions of these regulations informing them of the nature of the non - conformity, their responsibilities under Section 9705.3.F., and of the City's intent to enforce Section 9705.3 of these regulations. JUN 2 1 1977 12 9706 NON- CURRENT, ABANDONED, OR UNSAFE SIGNS 9706.1 Non - Current Signs Any sign including its supporting structure., which no.l.onger identifies the current occupant or which otherwise fails to serve its original purpose after a lapse of three (3). months shall be deemed to be a public nuisance and shall be removed by the owner of the property on which. it is located upon thirty (30) days written notice by the Department of Community Development. 9706.2 Unsafe Signs Any sign that, in the opinion of the Chief Building Official, is unsafe or insecure, shall be deemed a public nuisance and shall be corrected or removed, together with any supporting structure, by.the owner of the property on which the sign is Located, within thirty (30) days written notice by'the Department of Community Development. 9766.3 Abatement— fire #ens, 6esEms I iQn . nign to 1 3 RESOLUTION NO. 3358 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CITY'S 1977 -78 ANNUAL TRANS- PORTATION CLAIM AGAINST THE LOCAL TRANSPORTATION FUND OF THE COUNTY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The City's 1977 -78 Annual Transportation Claim in the amount of $386,967.00 against the Local Transportation Fund of the County of San Luis Obispo is hereby approved, and the Mayor is authorized to execute said claim on behalf of the City. On motion of Councilman Gurnee , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adopted this 21st day of June. , 1977. ATTEST: ea. c J.H. Fitzpatric Approved as to form: WENDT, MITCHELL, SIN de la MOTTE $ LILLEY City Attorney By Allen Grimes ktm 6/14/77 .r A Approved as to content: O " City Administrative icer , By Bob Vosburgh R 3358 RESOLUTION NO. 3357 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 77 -1485 LOCATED AT 3650 SOUTH HIGUERA STREET. 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 Minor Subdivision 77 -148 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development permitted by the R -1 -AH 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 map for Minor Subdivision 77 -148 be subject to the following conditions: 1. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 2. Subdivider.shall dedicate to the City sufficient right -of -way on South Higuera Street to accommodate a 42 foot section from street centerline to front property line to the approval of the City Engineer. 3. Subdivider shall relocate, repair or replace as necessary, pasture fence at new westerly property line to the approval of the Director of Public Services. On motion of Councilman Gurnee , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and a Vted this 2lstdaY —o- J=g___1 1977. ATTEST: l y Jerk J.H. Fitzpatrick Approved as to form: lendt, Mitchell, Sinshe:imer, 4e la Motte & Lilley, City A torney .. . Allen Urimes mtyor Kenneth E. Schwartz AD roved as to content: Cit A in', ive Officer Community eve t Director L ,, - City Engi r R 3357 RESOLUTION NO. 3356 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE OFF -SITE IMPROVEMENTS IN TRACT 575, TRES HERMANOS PARK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That the off -site improvements and public ease- ments as shown on the final map of Tract 575, Tres H'ermanos Park, shall be and are hereby accepted for maintenance by the City of San Luis Obispo. Section 2.. The Council authorizes the release of 90 percent of the construction bond in accordance with the subdivision agree- ment. Section 3. The Council authorizes the City Engineer to release the monumentation bond upon recordation of a record of survey. 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 of -,June , 1977. ATTEST: e r J.H. Fitzpatrick assed and adopted this 21st day r Kenneth E. Schwartz R 3356 C Resolution No. 3356 Final Tract Map No. 575 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney t By Allen Grimes sb /June 14; 1977 (1977 Series) Approved as to content: 4 City AdministratilLk Officer City engineer 0 Page 2 r k RESOLUTION NO. 3355 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE STATE RESOURCES AGENCY, CALIFORNIA CONSERVATION CORPS, FOR TREEOMAIN- TENANCE AT LAGUNA LAKE PARK, AND AUTHORIZING THE CITY ADMINISTRATIVE OFFICER TO EXECUTE SAID AGREEMENT 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 approves an agreement with the State Resources Agency, California Conservation Corps, for Project 677, for maintenance of trees at Laguna Lake Park. The City Administrative Officer is hereby 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 agreement to: California Conservation Corps 1530 Capitol Avenue Sacramento, CA 95814 On motion of Councilman Gurnee , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Gurnee, Dunin, Jorgensen, Petterson and ?Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 21st day of June , 1977. ATTEST: y Clerk J.H. Fitzpatrick ktm 6/14/77 R 3355 O 0. Approved as to form: Approved as to content: WEND.T, MITCHELL, SINSHEIMER, de la MOTTE.€, LILLEY City. Attorney By Allen Grimes p ' STATE OF CALIFORNIA THE RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS CONTRACT between STATE OF CALIFORNIA and the City of San Luis Obispo. 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 June 8, 19%7 , 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. CITY OF SAN LUIS OBISPO SPOidSO it �, • Citv Administrative Officer Iit!ie ' 990 Palm Street, P. 0. Box 321 San Luis Obispo, CA 93=106 Address Approved as to form: IVENDT, MITCHELL, SIN HEIMER, de la MOTTE $ LILLEY City Attorney By A11en.Grimes STATE OF CALIFORNIA California Conservation Corps By _ Director 1530 Capitol Avenue Sacramento, CA B5. Title EXHIBIT A STATE OF CALIFORNIA THE RESOURCES AGENCY CALIFORNIA CONSERVATION CORPS PROJECT CONTRJkCT.STANDARD TERMS AND CONDITIONS ARTICLE A -1. DEFINITIONS 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 Terms and Conditions are appended. indicated. indicated. (b) Day means calendar days unless otherwise expressly (c) Month means calendar month unless otherwise expressly (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- mittal 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 worn. (e) Pro�ect 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. 0 (f) Pro,-ject.Costs means those supervision, equipment, materials, supplies, and any other costs which are reasonable.in amount and which are necessarily incurred by the.Spon.sor 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, 1;'81. (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 ay 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, of the California Administrative Code and.no such action or proceeding is pending.' (b) The Sponsor demonstrates the availability of sufficient funds,. supplies, equipment and any special labor require- . , ments to complete the project. (c) The Sponsor has the approvals and permits requi..ed by any other state,.federal, or local agency necessary to commence construction or operation of the project. ARTICLE A -4. NOTICE OF COI- IFLETION 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 0 0 of receipt of such notice a detailed statement or.statements of costs incurred for completion of the project cost.. The statement shall contain_ the following information: statement of the costs of direct sune.rvision, matel•i als wind equipment uses or performed in completing the project. (2) t! statement of other costs .which have been iri- curred for the project durin L-he period identified in the narticula.r 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 projectcosts. approved by the CCC as reasonable in amount and necessarily and properly incurred for completion_ 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 (^:4) dollars per assigned co* �sn: ember roes: day (won ?.ink or. the project). Cost under this Contract.are not computed in accordance with Section 3160.2 of the State kdmi n:istrati ve I•ianuai. 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. �i (c) Final Statement Within thirty (30) days after the Sponsor submits a statement to the CCC in accordance with the provisior_s set forth herein, the CCC shall submit a final statement to the Sponsor. (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 t 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- del inquent 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 Snensor 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 RESPONSIBILITIES (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; AMENDMENTS This contract may be amended in writing at any time by mutual agreement of the parties. ARTICLE A -g, ASSIGNMENT No assignment or transfer of this contract or any part hereof, richts 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 Iy , AD REPORTS During regular office hours, each of the parties hereto ard.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 for such employ- ment because of race, religion, sex, color, ancestry, age, physical C 10 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. i•ICTICI:S -(a) All notices that are required 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 may, from time to time, authorize in writing to so act. X111 such notices shall be deemed to have beer. 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 cont ^act. 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. OPINIOT;S AND DETERMINATIONS tirl:ere the terms of this agreement provide for action to be based upon the opinion, judgment, approval, review or deter- mination 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. E X H I B I T B PROJECT DESCRIPTION Project No. 677 The proposed project involves a one time maint- enance program for all of the existing trees on the Laguna Lake Park site. Work includes tree thinning, removing brush, fertili- zing, rebuilding berms for watering, and watering. The California Conservation.Corps will provide crew supervision and an estimated 700 person hours of labor and transportation to and from the project site. The City of San Luis Obispo will pro - vide the equipment,.supplies, technical supervision, and other special requirements for.the project. The project described in Exhibit B will be undertaken at the mutual convenience of the CCC Center Manager and the Sponsor.