HomeMy WebLinkAbout3400-3444RESOLUTION NO. 3444 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY
(DOWNTOWN BUSINESS IMPROVEMENT AREA) AND KELLEY DIS-
PLAY COMPANY FOR CHRISTMAS DECORATIONS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: .
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo•=
(Downtown Business.Improvement Area) and Kelley Display Company for Christmas
decorations 1977- 1979,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Kelley Display
Company, Business Improvement Area Administrator, Finance Department.
On motion of Councilman Petterson , seconded by Councilman Jorgensen
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24th day of October ,
19 77.
ATTEST:
Cle k J.H: Fitzpatrick
R 3444
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative 0 der
c j
rector o nance
AGREEMENT
This agreement, made and entered into between DAVE KELLEY, doing
business as KELLEY DISPLAY COMPANY of 1911 Gregory Avenue, West Sacramento,
California, hereinafter called First Party, and THE CITY OF SAN,LUIS OBISPO
(DOWNTOWN BUSINESS IMPROVEMENT AREA) P. 0. Box 321, San Luis Obispo, CA 93406,
hereinafter called Second Party.
WITNESSETH:
1. It is agreed and understood that DAVE KELLEY, doing business as
KELLEY DISPLAY. COMPANY, and the CITY OF SAN LUIS OBISPO have entered into a
three (3) year lease as of this date and continuing through 1979 for a total
sum of $- 11,670,00
2. Such Christmas decorations as outlined below will be delivered and
installed, removed and maintained, at the locations as agreed on the date
specified and picked up on the date specified as outlined in Paragraph 7 of
this agreement.
Description: 19 Carrillon trees - GP10CT -BC, per page 25 of catalogue
1956" wreath w /bell cluster - GP317 -56 PG -440, per page 32 of
catalogue
See attachment "A" of this lease which provides for additional
decorations, cost schedule, should the BIA wish to add them.
See attachment "B" for locations foriinstallation of decorations.
3. Upon the signing of this agreement, Second Party agrees to make
payment of 1,296.66 The Second Party further agrees to make additional
payments as follows:
a. $1,296.6.7 on the first annual installation date, and the
balance of $ 1,296.67 on removal.
b, $ 1,945.00 on each annual installation thereafter and
$ 1,945.00 on removal.
Should the Second Party fail to make such payment on the annual
installation date, the Second Party agrees to pay interest on.said unpaid
installment at the rate of ten percent (10 %) per annum from the date of
default in payment until said unpaid installment is paid.
4. That in each suit brought for the recovery of any installment
hereunder, or for the recovery of the possession of said property, or for the
breach of any of the terms, conditions or covenants of this lease,,wherein.
said First Party shall prevail, said Second Party shall pay said First Party
a reasonable sum as and for attorney's fees therein, the amount of which shall
be determined by the Court in such suit and added to and become part of the
judgment therein.
5. It is agreed and understood that.in the event of cancellation
before termination of this lease..by Second Party, the Second Party, will be
responsible for a forfeiture payment of $ 3,890.00 payable in any coin
or currency which at the time of payment is legal tender in the United States
for public and private debts.
6. At the end of this lease the Second Party will have the option of
renewal under the same terms and-conditions for the succeeding three (3) year
period.
7. The Second Party agrees to notify the First Party in writing on
or before October 15 of each year of the lease of the date of installation
and removal.
8. It is agreed that the First Party will deliver the items stated
in Paragraph 2 in good and fit condition. It is further agreed that the
Second Party will endeavor to return them to the First Party in the same
condition, except for reasonable wear and tear.
9. It is further agreed that the First Party will secure insurance to
cover personal injury or property damage caused by negligent acts by its
employees or agents in the installation or removal of said decorations. Said
First Party further agrees to secure adequate worker's compensation to cover
work- incurred injuries to said First Party's employees during the said instal-
lation and removal of said decorations.
10. This instrument embodies the whole agreement of the parties hereto.
There are no promises, terms, conditions, or obligations referring to the
subject matter other than contained herein. Each and every covenant and term
hereof to be kept and performed by the First Party or the Second Party are
expressly made conditions upon breach whereof either party may terminate this
lease.
-2-
ATTEST : -
,,"`y "'��. H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY .
City Attorney
By Allen Grimes
FIRST PARTY:
KELLEY DISPLAY COMPANY
L B i
y '� -
a e elley, Oianer
SECOND PARTY:
CITY OF SAN LUIS OBISPO
(D?WNTOWN BUSINESS IMPROVEMENT AREA)
A r ve to content:
Charles Bove, Chairman BIA
� leltlr�
Bob Carpenter, Treasurer BIA - -
City Administrative 0 cer
" -3-
• J
It is agreed and understood that the Party of the Second Part,
City of San Luis Obispo (Downtown Business Improvement Group), will
have the right to add additional decorations at our annual charge
as follows:
10 foot Carillin Tree GPlOCT -BL '@ $ 95.70
GP317 -56PL -440 @ $135.00
40 foot Canopy GP375 -SG @ $234.75
It is further agreed that if illumination are to be added
after this date, and prior to 1978, the annual individual charge
will be:
10 foot Carillin Tree @ $ 15.00 annually
GP317 -56PL -449 (Wreath) @ $ 15.00 annually
GP (40 foot) 37SG(Canopies) @ $ 26.00 annually
If added after this date, said sum will be negotiated by both
Parties.
ATTACMENT "A"
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RESOLUTION NO-3443 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
GENERAL 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 General Fund appropriations account be increased to
provide funding for contract services with the San Luis Obispo County
Health Department - Environmental Health Division.
Account No. Description Budget Amount
(05) 01- 5508 -096 Health- Contract Services $1,950. DR.
2. BE IT FURTHER RESOLVED that the following transfer from the General
Reserve is authorized to provide for the above increase.
Account No.
Description
Budget
Amount
01- 0510 -000
Appropriations
$1,950.
CR.
01 -0410 -000
General Reserve
1,950.
DR.
On motion of Councilman Petterson , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Settle, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of October
1977.
ATTEST:
�_Cler ,H. Fitzpatrick
Approved as to form:
WENDT, MITCHEL, SINS IMER,
de la MOTTE $ LILLEY
City Attorney
a
Allen
Approved as to content:
R 3443
/I
RESOLUTION NO. 3442 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
LINNAEA PHILLIPS AS MISSION PLAZA EVENTS COORDINATOR
FOR THE FISCAL YEAR ENDING JUNE 30., 1978.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Linnaea Phillips as Mission Plaza Events Coordinator for the fiscal year
ending June 30, 1978,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Linnaea Phillips,
the Finance Department, and the Chairman of the Promotional. Coordinating
Committee.
On motion of Councilman Petterson seconded by Councilman Dunin.
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Settle, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of October ,
1977.
ATTEST:`
,
C' Ulerk J.H. Fitzpatrick
R 3442
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LI EY
City Attorney
r'
By Allen Grimes
f'
AGREEMENT
This agreement, dated retroactively as of July 1, 1977,
for the convenience of the parties, is by and between the CITY
OF SAN LUIS OBISPO (hereinafter referred to as "City "),and
LINNAEA PHILLIPS (hereinafter referred to as "Coordinator ").
WITNESSETH:
WHEREAS, City desires to promote Mission Plaza as a com-
munity recreational area; and
WHEREAS, the coordination and development of cultural and
recreational events in Mission Plaza is a desirable asset to the
City; and
WHEREAS, Linnaea Phillips is qualified to carry out such
activities on behalf of the City; and
WHEREAS, the provisions of the Government Code of the
State of California author -ize the expenditure of public funds
by a municipal corporation as therein and herein provided:
NOW, THEREFORE, City and Coordinator, for and in consider-
ation of the mutual benefits, promises and agreements set forth
herein, do agree as follows:
1. The term of this agreement shall be from July 1, 1977,
to June 30, 1978, with the month of September as unpaid vacation,
and this agreement shall besubject to earlier termination by
either party as otherwise provided herein.
2. Coordinator will perform duties as set forth in Exhibit
"A ",attached hereto, dated September 29, 1977.
3. Notwithstanding the wording of Exhibit "A ", or any
other representations, oral or written, between the parties,
including any and all agents or representatives thereof, Coordi-
nator, at all times covered by the terms of this agreement, is
acting as a free and independent contractor, and not as an
employee of the City. The City's Promotional Coordinating Com-
mittee shall provide broad general guidance, and Coordinator
I
shall be expected to use initiative and discretion in performing
the details of-her work. The records required to.be kept by
Coordinator under this agreement are solely to provide City with
criteria for evaluating the over -all value of this and possible
subsequent contracts, and not as details to establish performance .
or non - performance by Coordinator.
4. Coordinator will receive notice of monthly meetings
of the Promotional Coordinating Committee and will attend such
meetings when placed on the agenda to provide reports to the
committee detailing events, coming events and expenditures.
5. Coordinator will work no less than twenty (20) hours
each week.
6. City agrees to pay Coordinator Two Hundred Twenty -Five
Dollars ($225) .per month for ten (10) months and Two Hundred
Thirty Dollars ($230) for one month for a total yearly compensa-
tion of $2480 for eleven (11) months.
7. City acrees to pay monthly phone bills as submitted
by Coordinator to Finance Department.
8. In addition to monthly compensation, City agrees to
pay Coordinator Twenty Dollars ($20) per month for eleven (11)
months for miscellaneous expenses.
9. City agrees to allow Coordinator the use of the Murray -
Adobe for office use. Said office shall be open fifteen (15)
hours per week as announced to allow public access to museum
displays and office. No sales will.be made at the Adobe.
10. Either party may terminate this agreement prior to its
normal expiration by mailing a notice of termination by certified
mail to the.other party at the respective addresses as follows:
City: City Clerk
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
Coordinator: Linnaea Phillips
676 Pismo Street
San Luis Obispo, CA 93401
- 2 -
�l
The agreement shall be terminated thirty (30) days after the
mailing of such notice, or sooner if the parties so agree in
writing. Obligations due and payable on the termination date
shall be calculated pro -rata based upon the calendar days in
the month.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement.
ATTEST:
City Clerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SI SHEIMER,
de 1a MOTTE & LILLE!
City Attorney ;{
MISSION PLAZA EVENTS
COORDINATOR
Linnaea Phillips
CITY OF SAN LUIS OBISPO
Mayor Kenneth E. Schwartz
Approved as to content:
City Adminis rata e Officer
en Grimes
Chairman, Promotional Coordinating
Committee
- 3 -
0 0
MISSION PLAZA EVENTS COORDINATOR
Goals of the Coordinator:
To investigate and, where possible, develop new possibilities for
events in Mission Plaza, including, but not limited to:
May Day
Old Fashioned Fourth of July
Labor Day Event
Christmas in the Plaza
To develop a group of smaller events with cross - section interest;
To develop the Murray Adobe as display space;
To develop evening concerts and dances in the Plaza.
Duties of the Coordinator:
To write, produce and distribute news releases, stories and
utilize personal contacts with the news media to publicize events_._
in the Plaza;
To coordinate and develop local events and activities which will
Improve the quality of life in the community;
Attract visitors;
Increase local and area participation in both
new and existing events;
To maintain liaison with various community groups and individuals
who can provide information, exhibits, etc. for use in the Plaza.
EXHIBIT "A "-
9/29/77
LP:ktm
RESOLUTION NO. 3441 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
McDONALD'S FOR SIDEWALK IMPROVEMENT;: AT
790 FOOTHILL BOULEVARD.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain ag "reement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
McDonald's widening and improvement of the sidewalk at 790 Foothill
Boulevard
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: McDonald's . and
the Public Services Department.
On motion of Cminrilman Pattar nnn seconded by cnnnrilman - Thinin f
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing. Resolution was passed and adopted this 18th day of October
1977.
ATTEST:'
1
a.H. Fitzpatrick
f
R 3441
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content: ?
r
City AdministratiVIN,.Officer
Director of Public Services
4
AGREEMENT
O
This Agreement, dated October 19 , 1977 is
between the CITY OF SAN LUIS OBISPO (hereinafter called City),
o
and McDonald's (hereinafter called McDonald's).
WHEREAS, the sidewalk along the Foothill Boulevard frontage
of the McDonald's property at 790 Foothill Boulevard is inadequate
in width to accommodate the necessary street furniture and
pedestrian traffic; and
WHEREAS, both McDonald's and the City have agreed that it
is to their mutual advantage to widen this sidewalk.
NOW, THEREFORE, the parties hereto agree as follows:
1. The City shall prepare plans and specifications,
contract documents, make award and inspect as necessary, to
remove and reconstruct planters, landscaping and appurtenances
and widen the public sidewalk from its present 6 foot width to
a new 10 foot width across the entire McDonald's frontage.
2. City and McDonald's agree to share equally all construction
costs, except that the City will absorb all engineering and
inspection expense.
3. McDonald's agrees to deposit with the City within
ten (10) days of receipt of bids for the project, one -half the
cost of the construction needed to finance.this improvement
(total cost for improvement is now estimated at $2,700.00).
4. Both parties agree, upon receipt of an accounting..:.
to be prepared.within thirty•(30) days of completion of the
project, that a pro rata share of cost will be paid by or refunded
to McDonald's.
IN WITNESS WHEREOF, the parties hereto have caused:this
Agreement to be executed..
MC DONALD'S
ATTEST:
ity Clerk
Approved as to form:
WENDT, MITCHELL, SIN�SHEIMER,
de la MOTTE & LILLEY1
City Attorney
By: a-*�
I hereby agree to.the above.
Dated: October 5, 1977.
MARTIN
Z44-4s; A��
CIT
By:
-2-
1
4. Both parties agree, upon receipt of an accounting
to be prepared within thirty (30) days of completion of the
project, that a pro rata share of cost will be paid by or refunded
to McDonald's.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed.
ATTEST:
Ci y Clerk
Approved as to form:
WENDT, MITCHELL, SI HEIMER,
de la MOTTE & LILLE.
City Attorne
By:
I hereby agree to the above.
Dated: October 5, 1977.
M�IN
MC DONALD'S
By:
Title:
CIT
By:
-2-
Approved as to content:
Gity Administra ve Officer
Public Services Director
-3-
RESOLUTION NO. 3440 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
DENNIS WHEELER FOR INSTALLATION OF A FIRE HYDRANT AT
OSOS AND PEACH STREETS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference; between the City of San Luis Obispo and
Dennis Wheeler for installation of a fire hydrant at Osos and Peach Streets
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Dennis Wheeler,
the Public Services Department
On motion of Councilman Petterson seconded by Councilman Dunin__,
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Settle, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this .18th day of October ,
1977.
ATTEST:
C'
eft J.H. Fitzpatrick
R 3440
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLY
City Attorney
t
Approved as to content:
City Administrative icer
es
Utilities Engineer
r �-
I
' 9 3YY6
v
AGREEMENT AFFECTING REAL PROPERTY
This agreement, dated this _19th day of _October__._ 1977,
is between THE CITY OF SAN LUIS OBISPO, hereinafter called "City,"
and DENNIS WHEELER, hereinafter called "Developer."
WITNESSETH:
WHEREAS, Developer plans to develop real.property at the
corner of Peach Street and Osos Street as described upon Exhibit
"At', attached hereto and incorporated herein by reference; and
WHEREAS, said project will require fire protection beyond
the capabilities of the existing city system, and
WHEREAS, Section 7410.10 of the Municipal Code places the
responsibility for main extension to subdivisions with the owner
or subdivider; and
WHEREAS, the City under its quarterly funding program will
be constructing the necessary main for this development; and
WHEREAS, the City's quarterly program specifically exempts
from such improvement projects the installation of fire hydrants;
NOW, THEREFORE, in consideration of the mutual benefits,
promises, and agreements set forth herein the parties agree as
follows:
1. Upon the completion of the City's project for the in-
stallation of the necessary distribution system improvements
including fire hydrant, the Developer agrees to pay, upon billing,
by the City, the entire cost of the fire hydrant installation At
STATE OF California
SS.
COUNTY OF San Tali S Obispo 1111
ON October 3 -; 191
before me, the undersigned, a Notary Public in and for said State, personally appeared
-- Dennis R. Wheeler; Jr. ------------ ----------- - - - - --
_ known to me,
to be the person— whose name_ is subscribed to the within Instrument,
6itnunwttmnnwstnmewnrmngnnmy and acknowledged to me that —he_ executed the same.
MARILYN PERRY
NOTARY PUPAL — CALIFORNIA WITNESS my hand, and official seal.
O E•' C
PRINCIPAL FFIC iN
SAN LUIS OBISF'O COUNTY
My Commission Expires July 20, 1979
�wwwsfinmuanwnupnwwnwwtwueu�8 //J _
the corner of Peach Street and Osos Street which will serve
his property. Such payment shall include the cost of the fire
hydrant, the lateral, the valve and all related items and inci-
dental expenses plus 10% for engineering, overhead and admin-
istration.
2. Developer agrees that he will not seek a Certificate
of Occupancy, and he will not permit others to occupy the project
to be constructed by him, prior to the completion of the water
system improvements and his payment to the City for the above
described fire hydrant installation.
3. This agreement.shall "be binding upon and shall inure
to the benefit of the heirs; assigns, and all other successors
in interest to the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement.
lb Notary:
u.
Attest:
,r. Clerk J.H. Fitzpatrick
DEVELOPER:
OF SAN LUIS OBISPO
Ci
Approved as to form:
WENDT, MITCHELL, SINSHEiMER,
de la MOTTE & L_ I-L_LE
City Attorney
By Allen Grimes"
1
Approved as to content:
City Administrati --Officer
oK� ;�p7p�"
Utilities Engineer
- 3 -
EXHIBIT "A"
DESCRIPTION
That portion of Lot 1 in Block 26 of the City of San Luis Obispo,
in the City of San Luis Obispo., County of San Luis Obispo, State
of California, according to map filed for record May 1., 1878, in
Book A, Page 168 of maps in the Office of the County Recorder of
said County, described as follows:
Beginning at the Southeast corner of Peach and Osos Streets;
Thence along the Southerly line of Peach Street, North 530 38'
East, 50 feet to the most Westerly corner of.the property conveyed
to.Pace Donati, by deed dated September 1.8, 1928, and recorded
October 4, 1928, in Book 55, Page 211 of Official Records;
Thence South 360 1.1' 50" East along the Southwesterly line of the
Property so conveyed, 100.13 feet to the most Southerly corner
thereof;
Thence North 530 38' East, along the Southeasterly line of said
Donati property, 49 feet;
Thence South 36° 17' 50" East, parallel with Osos Street, 50 feet
to a point on the Southeasterly line of said lot;
Thence South 53° 38' West; along said Southeasterly line, 99 feet
to�tHe Easterly line of Osos Street;
Thence Vorth 36° 17' 50" West, along said Easterly line, 150.13
feet to the Point of Beginning.
(End of Description)
0
RESOLUTION NO. 3439 (1977 Series)
A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO
76 -560 (CHESTER JOST, APPLICANT ;.200, 206 & 210
MARGARITA AVENUE).
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1.
This Council previously made.certain.findings concerning
Parcel Map No. SLO 76 -560 as contained in Resolution No. 3,240 (1977 Series).
SECTION 2., This Council now grants final approval of Parcel Map
No. SLO 76 -560 (Chester Jost, applicant; 200, 206 & 210 Margarita Avenue)._
On motion of - Councilman Petterson, seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Settle, Jorgensen and Mayor Schwartz
NOES: None
ABSENT.: -None.
the foregoing Resolution was passed and adopted this 18th day of October
1977..
ATTEST:
- -- - .
_ --
C' C e J.H. Fitzpatrick-
Approved as to form:
WENDT, MITCHELL, SINSHE
de la MOTTE & LILLEY
City Attorney
Approved as to content:
i
. City Administrative fficer -
By Allen Grimes
City E gi eer
R 3439
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follows:
RESOLUTION NO. 3438 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP i
S.L.O. 77 -16 (CITY OF SAN LUIS OBISPO, APPLICANT;
3310 and 3320 FLORA STREET).
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. This Council previously made certain findings concerning
Parcel Map No. S.L.O. 77 -16 as contained in Resolution No. 3258 (1977 Series).
SECTION 2. This Council now grants final approval of Parcel Map No.
S.L.O. 77 -16 (City of San Luis Obispo, applicant).
On motion of Councilman Petterson , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of October ,
1977.
ATTEST:
J.H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEI R,
de la MOTTE & LILLEY
City Attorney
City Administrative Offi
By Allen Grimes
City E neer
R 3438
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RESOLUTION NO. 3437 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
FRED C. KIMBALL AND ELIZABETH LUCILE KIMBALL FOR
INSTALLATION OF CURB, GUTTER AND SIDEWALK
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Fred C. Kimball and Elizabeth Lucile Kimball
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: F.C. and E.L. Kimball
and the City Engineer.
le
On motion of Councilman Petterson , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of October
1977.
ATTEST:
./ Cldrk J.H. Fitzpatrick
R 3437
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ L LLEY
City Attorney CE��
City Administrative 0 er
By
i
O,
:•
_ r
AGREEMENT
This agreement, executed this 20th day of October , 1977
by and between Fred C. Kimball and Elizabeth Lucile Kimball herein-
after called Grantors and the City of San Luis Obispo, a municipal
corporation, hereinafter called City witnesseth:
1. Grantors shall convey .058 acres, more or less, lying
along Higuera Street to the City of San Luis Obispo at the time
Grantors and City agree on the amount of compensation.
2. City agrees to install curb, gutter and sidewalk across
the entire frontage (126.00 feet) of the Grantors' property located
at 252 Higuera Street at the new curb line.
3. Grantors agree to pay the City $923.00 (71x$13.00) for their
share of the broken curb and sidewalk that needs to be replaced at
this time.
4. City will provide all necessary engineering, street work,
relocation of utilities and pave out the street to the new gutter.
ATTEST:
too-
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
���
iza ;et h Luci' e K&na:FI �
Approved as to content:
City AdmInistrat -iN dicer
City sneer
100110
0% /RE`/
���
iza ;et h Luci' e K&na:FI �
Approved as to content:
City AdmInistrat -iN dicer
City sneer
RESOLUTION NO. 3437 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
FRED C. KIMBALL AND ELIZABETH LUCILE KIMBALL FOR
INSTALLATION OF CURB, GUTTER AND SIDEWALK
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference; between the City of San Luis Obispo and
Fred C. Kimball and Elizabeth Lucile Kimball
is hereby approved and the Mayor is authorized to execute the same.
SECTION Z. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: F.C. and E.L. Kimball
and the City Engineer.
0
On motion of Councilman Petterson , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of October
1977.
ATTEST:
1
9_�k _
y %rk J.H. Fitzpatrick
R 3437
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ L L
City Attorney
Approved as to content:
City Administrative 0 er
N
NEW PROPERTY LINE
NEW CURB LINE
20
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EXISTING CURB LINE
EXl5T1 NG
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OCTOBER , 1977
L
RESOLUTION N0.3436,0 977 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
CITY COUNCIL DENYING AN APPEAL BY BINKELE
PROPERTIES OF A PLANNING COMMISSION DECISION
TO REQUIRE A FOCUSED EIR FOR A PATIO ENCLOSURE
AND PARKING LOT EXPANSION AT 1865 MONTEREY
WHEREAS, the applicant submitted plans for a patio enclosure and
minor expansion of parking lot as a request for a use permit amendment
for 1865 Restaurant; and
WHEREAS, the project was reviewed by the Environmental Review
Committee and said committee determined that the project as it related
to the existing restaurant facility could have a significant adverse
effect on the environment with respect to noise, traffic circulation and
parking, and required a focused E.I.R., and
WHEREAS, the determination was appealed to the Planning Commission
and was denied, and
WHEREAS, the Planning Commission determination was, appealed to the
City Council on the grounds that:
(1) The applicants proposal is itself an.act designed to mitigate
noise problems.
(2) The design of the patio closure would be accomplished with the
services of an acoustical engineer to ensure noise mitigation.
(3) The applicant is willing to guarantee acceptable noise attenuation
as a condition of use permit approval; and
WHEREAS, the City Council conducted a public hearing considering testimony
for and against the appeal; and
WHEREAS, the Council determined that the restaurant has been a continual
source of complainti from adjacent occupants because of noise from live enter_ -.
tainment and from traffic in the parking and
WHEREAS, the Council determined that the focused EIR would provide a means
whereby the City could retain a noise consultant to ensure that noise attenuation
measures proposed by the applicant would be adequate; and
WHEREAS, the Council determined that the project could have a significant
adverse effect on the environment relative to noise, parking demand and traffic
circulation.
NOW, THEREFORE, BE IT RESOLVED by the'City!Council of San Luis Obispo to _
deny the appeal and require a focused Environmental Impact Report,_be prepared
for the restaurant expansion (Use Permit U 0582) to address adverse impacts of
noise, parking demand and traffic circulation.
R 3436
f i �
Resolution No. 3436
On motion of Councilman Petterson , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Settle, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day of October ,
1977.
ATTEST:
y Clerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY /�
City Attorney RI
L,
By Allen Grimes
Approved as to content:
City - Administrative Officer
Community Development Department
by Senior Planner
B
RESOLUTION NO. 3435 (1977 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
CITY COUNCIL DENYING AN APPEAL BY PETER
LILLA OF A PLANNING COMMISSION USE PERMIT
CONDITION (USE PERMIT NO.UO623) REQUIRING
TEN PARKING SPACES FOR AN OFFICE BUILDING
AT 1012 PACIFIC STREET.
WHEREAS, the Planning Commission conducted a public hearing to consider
a request for a use permit for an office building at 1012 Pacific Street
in the C -R tone and
WHEREAS, the Planning Commission determined that the five parking spaces
being proposed by the applicant were insufficient to meet the parking needs
for the use and required as a condition of use permit approval that a total
of ten parking spaces be provided and
WHEREAS, the applicant Peter J. Lilla appealed the condition requiring
additional parking on the grounds that the C- R_zone does not require parking
for offices and °that he was so_ advised by staff prior_ to submission of building
plans; and - — - —
WHEREAS, the City Council conducted a public hearing on the appeal; and
WHEREAS, the City Council determined that although parking is not
specified in the City zoning ordinance for office uses in the, —C =R -zone the
Planning Commission has the legal authority to require parking' as a condition
of use permit approval; and
WHEREAS, the City
the applicant would be
and
WHEREAS, the City
proposed project is pr
time hours which would
project; and
Council determined that the office use as proposed by
significantly' deficient in meeting its parking needs
Council determined that the general vicinity of the
2sently impacted with on- street parking during the day
be aggravated by a parking deficiency of the subject
WHEREAS, the City .Council determined that the parking requirements of
ten spaces imposed by the Planning Commission as a condition of use permit
approval was a reasonable requirement.
NOW, THEREFORE, the City Council resolves as follows:
(1) That the appeal is denied
(2) That the use permit (U0623) is approved subject to findings and
conditions contained in the Planning Commission resolution of
approval.
R 3435
Resolution No. 343;
., .
(1977 Series)
On motion of Councilman Petterson , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Settle, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed a
1977.
ATTEST:
e k J. H. Fitzpatrick
Approved as to.form: f
WENDT, MITCHELL, SINS EIMER,
de la MOTTEE//.�& LILLEY
Citv.Attofndii /
By Allen Grimes
Approved as to content:
by Senior.Planner
RESOLUTION NO. 3434 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DESIGNATING GENERAL REQUIREMENTS FOR THE IN-
STALLATION OF PRIVATE FIRE PROTECTION SYSTEMS AND
CONNECTION TO THE CITY WATER DISTRIBUTION SYSTEM AND
RESCINDING RESOLUTION NO. 2469.
BE IT RESOLVED by the Council of, the City of San Luis Obispo as follows:
The following general requirements for the installation of private fire
protection systems and the connection thereof to the City water distribution
system are hereby adopted:
SECTION 1. Any private piping system intended for use as a domestic
supply system in addition to providing private fire protection shall consist
of the following components within the public right -of -way:
a. Street shutoff valve
b. Metallic street lateral
c. Compound meter including full -size valved bypass
d. Shutoff valve each side of meter
e. Buried concrete,vaul't to house meter and shutoff valves.
All materials installed within the public right -of -way shall be inspected and
approved by the Utilities Division of the City Public Services Department,
SECTION 2. Any private piping system intended solely for private fire .
protection, except as provided in Sections 3 and 5 following, shall consist
of at least the following components within the public right -of -way:
a. Street.shutoff valve
b. Metallic street lateral
c. Detector check including bypass meter
d: Shutoff valve at detector check
e. Buried concrete vault to house detector check and shutoff valve.
All materials installed within the public right -of =way shall be inspected and
approved by the Utilities Division of the City Public Services Department.
R 3434
Resolution No. 3434
(1977 Series)
SECTION 3. •A private.piping system 'intended solely for supplying automatic
fire sprinklers may, .provided the requirements. of Section 4 hereof are met, consist
of the following components within the public right=of =way:
a. Street shutoff valve
b. Metallic street lateral
SECTION 4. The elimination of the detector check, shutoff valve and
buried concrete vault for private piping systems intended solely for supplying
automatirfire sprinklers is dependent on conformance with the following
requirements:
a. All automatic---:sprinkler risers and riser valves shall be automatically
monitored and interconnected by means of a telephone lease -line so as
to indicate an alarm at Fire Department headquarters' panels at any
time that water is transported through the system or that supply
valves are closed.
b. The materials and construction methods used in the installation of
the piping between the street water main and the check valve on the
sprinkler riser shall be inspected and approved by the Utilities
Division of the Public Services Department.. In new construction,
written approval of the system shall be secured from the Utilities
Division prior to issuance of a Certificate of Occupancy.
c. The maximum length of piping between the street water main and the
monitored alarm valve on the sprinkler riser shall be fifty,(50)
feet except as specifically approved by the Utilities Division.
d. The entire reach of piping between the street water main and the
monitored alarm valve on the sprinkler riser shall be readily
accessible for future maintenance. No portion of that reach of
piping shall be beneath a structure of any type except as specifically
approved by the Utilities Division.
- 2 .
�r
Resolution No. 3434
f
(1977 Series)
e. Any leaks detected in the piping system shall be repaired immediately
by the party responsible for the system. In the event repairs are
not immediate, such repairs may be accomplished by the Utilities
Division. The actual cost of such repairs by the City plus a'per
tentage for overhead and administration shall be borne by the party
responsible for the system.
f. In the event that_any'of the following occur, an approved compound
meter or detector check shall be installed by the party responsible
for the piping system in conformance with Sections 1 and 2, hereof:
(1) The system is revised to provide service other than exclusive
automatic: fire sprinkler protection.
(2) Inspection of the system reveals that unauthorized connections
have been made to the .piping..
(3) The monitored connections, as outlined in Section 4, above,
are discontinued or eliminated.
SECTION 5. A private piping.system intended solely for supplying a single
standard. private fire hydrant, provided the requirements of Section 6 are met,
may consist of the following components within the public right -of -way:
a. Street shutoff valve
b. Metallic street lateral
c. Detector meter plumbed around the customer's.shutoff valve
d. Provision for sealing the fire hydrant against unauthorized operation.
SECTION 6. The elimination of the detector check assembly and buried
concrete vault for private piping systems intended solely for supplying a single
private fire hydrant is dependent upon conformance with the following requirements:
a. The materials and construction methods used in the installation of
the piping between the street water main and the fire hydrant shall
- 3 -
. C
Resolution No. 3434 (1977 Series)
be inspected and approved by the Utilities Division. Written approval
of the system shall be secured from the Utilities Division for new
construction prior to issuance of a Certificate of Occupancy.
b. The maximum length of piping between the street water main and the
fire hydrant shall be 300 feet except as specifically approved by
the Utilities Division.
c. The entire reach of piping between the street water main and the
fire hydrant shall be readily accessible for future maintenance
d. No portion of that reach of piping. shall be beneath a structure of
any type except as specifically approved by the Utilities Division.
e. Any leaks detected in the piping system shall be repaired immediately
by the party responsible for the system. In the event repairs are
not immediate, such repairs may be accomplished by the Utilities
Division. The actual cost of such repairs by the City plus a per-
centage for overhead and administration shall be borne by the
party responsible for the system.
f. In the event that any of the following•occur, an approved compound
meter or detector check shall be installed by •;the party responsible
for the piping system in conformance with Sections 1 and 2 hereof:
(1) The system is revised to provide service other than to a single
fire hydrant.
(2) '.Inspection of the system reveals that unauthorized' connections'
have been made to the piping or that unauthorized use is being
made of the system.
SECTION 7. Connection of a private fire "protection system to the City
water distribution - system will be permitted only after acceptance by the City
of an application and agreement as provided in Article. VII, Chapter 4, Section
7410.27 of the Municipal Code. In addition, if the applicant installs a private
MIM
Resolution No. 3434 (1977 Series)
piping system intended solely for supplying automatic fire sprinklers in con-
formance with the requirements of Sections 3 and 4 hereof, a letter agreeing
to the conditions and requirements outlined in Section 4 hereof, and signed
by the party responsible for the sprinkler system shall be filed with the
Utilities Division concurrently with the submittal of plans for City checking.
SECTION 8. Resolution No. 2469 (1973 Series), adopted May 21, 1973, is
hereby rescinded.
on motion of Councilman Settle seconded by Councilman Petterson
and on the following roll call vote:
AYES::. Councilmen Settle, Petterson, Dunin, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 18th day Of October ,
1977.
00—ti a-119
UlefK J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, S SHEIMER,
de la MOTTE $ LILL
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Offlider
Fire Chief
Utilities Engineer
Director of Public Services
- 5 -
Ci
RESOLUTION NO
3433 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO C014FIRMING THE ASSESSMENT OF DELINQUENT BUSINESS
LICENSE TAXES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That pursuant to a public hearing duly held in conformance
with Section 6100.13 of the Municipal Code, the Council hereby confirms the
business license tax assessment as submitted and set forth in Exhibit "A"
SECTION 2. That the assessments set forth shall be paid within ten (10)
days after the date hereof and that any accounts remaining delinquent there-
after shall be turned over to the City Attorney for citation and collection.
On motion of _ Councilman Dunin seconded by Mayor Schwartz ,
and on the following roll call vote:
AYES:. Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and. adopted this 18th day of October ,
1977.
ATTEST:
Approved as to form:
WENDT, MITCHELL, SIN
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
Approved as to content-
_ r
City Administrative 0 '.cer
-!7
Director of ce
R 3433
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RESOLUTION NO. 3432 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
DIETER HEINZ, CONSULTING CHEMIST.
BE IT RESOLVED by-the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Dieter Heinz, Consulting Chemist, for personal Services to the City, for the
period of October 16, 1977, through April 15, 1978,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Dieter Heinz and
Director of Public Services.
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: None (one vacancy)
the foregoing Resolution was passed and adopted this 4th day of October ,
19 77.
ATTEST:
Fes! - ..
R 3432
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
C�
Approved as to content:
City Administrative OYficer
Director of Public Services
AMENDMENT EXTENDING AGREEMENT FOR
PERSONAL SERVICES
DATED: October 5, 1977
The undersigned parties to the Agreement for Personal
Services dated April 15, 1977, between the City of San Luis
Obispo and Dieter Heinz, hereby agree that the term of said
contract shall be extended beyond its original termination
date of October 16, 1977, . to and including April 15, 1978.
The compensation during this period will be $1,500.00
per month for a minimum of eighty (80) hours of service to
the City.
All other terms of said contract shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused
this Amendment to be executed.
CITY OF SAN LUIS OBISPO
sj KENNETH E. SCHWARTZ
Mayor Kenneth E. Schwartz
ATTEST:
s7 J. H. FITZPATRICK
City Clerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
en Gfimes
CONSULTING CHEMIST:
i
le �
Dieter Heinz
Approved as to content:
City Admanistrativ Officer
Director of Public Services
AGREEmENT FOR M RSONAL SERVICES
THIS AGI'MPNT, dated retroactively April 15, 1977, is by and
between THE CITY PV :SAN LUIS OBISPO a chartered municipal corporation
(hereinafter refs i i l to as "City "),.and H. DIETER HEfNZ, an independent
contractor providi n consulting chemist services (hereinafter referred to
as "Chemist '').
WITNESSETH:
WHEREAS, IL Dieter Heinz is a qualified chemist capable of
analyzing and monitoring the City's domestic water supply; and
WHEREAS, the City desires to employ him as an independent
contractor to provide certain services riot currently performed in
detail by City employees or available within City services;
NOW, THERE T RE, City and Chemist for and in consideration of
the mutual benefits, agreements and promises set forth herein, agree as
follows:
1. Beginning April 16, 197.7, Chemist agrees to provide services
on a half- -time temporary basis to the City in accordance with the scope
of work outiined,in.Exhibit "A" attached hereto and thereby incorporated
herein. Said services shall continue through October 15, 1977, providing,
however, that either party may terminate this Agreement by two weeks
written notice to t.hc other party. The general duties to be performed
by said Chemist shall be at the direction of the Director of Public
Services.
?. Notwithstanding any other representations, oral or written,
between the parties, including any and all agents or representatives
thereof, Chemist, at all times covered by the terms of this Agreement,
is acting as a free and independent contractor, and not as an employee
of City. Any and all supervision and direction by the Director of Public
Services shall be only that necessary to provide broad general outlines,
and Chemist is to use his own initiative and discretion in performing
the details of his work, provided, however, that Chemist may consult with
Public Services stnEf as he desires.
ktm 4/21/77
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3. Cit) - --cos to provide laboratory space and supplies
necessary fur pciI !, -;mcc undor this Agrowient, subject to purchase
authorization by 1.1I1 ic Services Department.
4. Citl al. rocs to pay Chemist the sun of $1,200.00 per month
for his services, i ; ;wahle in accordance with regular City payment iiroccduros.
Chemist, agrees tc' 1•1'. wide a miniuium of eighty (80).11ours service per month.
Chemist shall nut ::::rue vacation, sick leave, or other similar benefits
provided to regular City epgiloyces.
S. I :f extension of this Agreement is approved by the City prior
to its expiration on October 15, 1977, the monthly compensation rate for
eighty (80) hours of service will be $1,500.00 thereafter.
6. This is an agreement for personal services and is not
assignable without the prior written consent of City.
7. For purposes of notice under this Agreement, all notices
shall be considered effective upon being sent by certified U.S. Mail
to thc.following addresses:
City: Director of Public.Services .
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA.93406
Chomist: 11. Dieter Heinz
P. 0. Box 3193
Pismo Beach, CA 93449
IN IVITNESS PIIEREOF, the parties hereto have caused this Agreement
to be executed.
A'GI'EST:
sN H. FITZ?ATRICK
City Clerk
ktm 4 /21/77
CHEMIST
N. Dieter Heinz
CITY OF SAN LUIS OBISPO
s7 KENNETH E. SCHWARTZ
Mayor
Page 2
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Ailproved as to Pc i°
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City ALL01-110y
BY A1,1011 Grillics
Approvcd as to content:
Citv AdlllilliS 1%1r.iVO 0L'*iT%Cr
Director of Public Services
•I
RESOLUPION NO. 3431 (1977 SERIES)
�0 •I t•1'1.01' • • •' •' • • ' • Y' DI
L41 Ke-1; A 0 • all
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 EmmnsCorporation for acquisition of
right of way for Santa Rosa Street'Wideni g (Docunent No. 180 -15 and 180 -15 -1)
is hereby approved and the Mayor is authorized to execute sane.
2. The City Clerk shall furnish a copy of this Resolution together with
a copy of the agreement approved by it to: the City's right of way agent
and 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
NOE.SS None
ABSEW: None (one vacancy)
the foregoing Resolution was passed and adopted this 4th day of
October , 1977.
F ,.,J.H. Fitzpatrick
Approved as to form:
W=, mrr=, Sun m='
de la MME & LILIEY
A Professional Corporation
City Attorney
y Allen Grimes
Approved as to content:
•fall A _ - •
16255•Ventura Blvd.,," ite 318
Encino, California
Atitn James Lathrop, Marketing Dept.
August 11 19 77
EXXON CORPORATION
(Grantor)
Dist- C4 `y P.M. R E.A.
05 - SLO Cit o SLO
n�a Rosa - 130509
r FAU M- Y394(1)
RIGHT OF WAY CONTRACT - CITY STREET
ORIGINAL
Document No. 180 -15, -1 in the form of a CORPORATION GRANT DEED
covering the property particularly described therein has been executed and
delivered to R._ H. TARVIN Right of Way Agent for the State
of California, acting on behalf of the City of San Luis Obispo.
In consideration of which, and the other considerations hereinafter set
forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The
performance of this agreement constitutes the entire consideration for said
document and shall relieve the City of San Luis Obispo of all further obli-
gation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
2. The City of San Luis Obispo shall:
(A) Pay the undersigned grantor(s) the sum of $ 1,000.00 for
the property or interest conveyed by above documents) when
title to said property vests in the City of San Luis Obispo
free and clear of all liens, encumbrances, assessments, ease-
ments and leases (recorded and /or unrecorded), and taxes,
except:
a. Taxes for the fiscal year in which this escrow closes
which shall be cleared and paid in the manner required by
Section 4986 of the Revenue and Taxation Code, if unpaid
at the close of escrow.
b. Covenants, conditions, restrictions and reservations of
record, or contained in the above referenced document.
c. .Easements or rights of way over said land for public or
quasi- public utility or public street purposes, if any.
d. An unrecorded lease in favor of Fred C. Pflum.
APPROVED BY DISTRICT 5
H. L. Bent.A?nger
De�t;.y District Director
Right of Way
(B) Pay all escrow and recording fees incurred in this trans-
action, and if title insurance is desired by the City of
San Luis Obispo, the premium charged therefor.
(C) Have the authority to deduct and pay from the amount shown
in Clause 2(A) above, any amount necessary to satisfy any
delinquent taxes due in any fiscal year except the fiscal
year in which this escrow closes, together with penalties
and interest thereon, and /or delinquent or nondelinquent
assessments or bonds except those which title is to be
taken subject to in accordance with the terms of this
contract.
3. Any or all moneys payable under this contract, up to and inclu-
ding the total amount of unpaid principal and interest on note(s)
secured by mortgage(s) or deed(s) of trust, if any, and all other
amounts due and payable in accordance with the terms and conditions
of said trust deed(s) or mortgage(s) shall, upon demand(s) be made
payable to the mortgagee(s) or beneficiary(s) entitled thereunder;
said mortgagee(s) or beneficiary(s) to furnish grantor(s) with good
and sufficient receipt showing said moneys credited against the
indebtedness secured by said mortgage(s) or deed(s) of trust.
4. The grantor(s) shall retain possession of the property conveyed
up to and including the.date of recording of the deed conveying
title to the City of San Luis Obispo upon compliance by the grantor(s).
with the conditions of this contract. All rents collected by
grantor(s) applicable to any period thereafter shall be paid to the
City of San Luis Obispo. Either- party hereto collecting rents to
which the other party is entitled shall forthwith pay such amount to
the other as is necessary to comply with the provisions of this clause.
S. Grantor(s) warrant(s) that there are no oral or written leases on
all or any portion of the property exceeding a period of one month,
and the grantor(s) further agree(s) to hold the City of San Luis Obispo
harmless and reimburse the City of San Luis Obispo for any and all of
its losses and expenses occasioned by reason of any lease of said
property held by any tenant of grantor(s) for a period exceeding one
month, .except for that unrecorded lease to Fred C. Pflum referred to in
paragraph 2Ad above.
6. The undersigned grantor(s) hereby agree(s) and consent(s) to the
dismissal of any eminent domain action in the Superior Court wherein
the herein described land is included and also waives any and all
claims to any money that may now be on deposit in said action.
- 2 -
7. It is understood and agreed by and between the parties hereto
that the City at time of street widening will perform the follow-
ing work at no expense to grantor:
(A) Construct an advertising sign concrete foundation in
the location shown on Exhibit A attached hereto and
made a part hereof. Said concrete foundation shall
be constructed per specifications provided by EXXON,
also attached hereto and made a part hereof as
Exhibit B, a copy of which has previously been
delivered to the City.
(B) Restore or reconstruct, as necessary, a corner
planter area, including the relocation of a water
faucet to serve said planter area.
(C) Shorten or modify, as necessary, the planter area
on Walnut Street, as also shown on Exhibit A, inclu-
ding conforming or repairing any asphalt concrete
paving disturbed or damaged as a result of this
work.
(D) Relocate and reconnect, as necessary, a fluorescent
light standard to a new and similar location within
the Walnut Street planter area, necessitated as a
result of the work described above in (C).
(E) Landscape, utilizing similar ornamental vegetation
to that grantor now enjoys, in the planter located
on the corner of Santa Rosa and Walnut Streets and
in the planter located on Walnut Street.
(F) Modify or restore, as necessary, grantor's means of
ingress and egress in the manner as shown on the
sketch attached hereto as Exhibit A.
8. It is further understood and agreed by and between the parties
hereto that upon completion of the work mentioned in Clause 7(A)
above, the City shall notify grantor in writing that said founda-
tion work has been completed. Within thirty (30) days after
receiving said notification, grantor shall deliver or cause to be
delivered to the foundation site a new center mount pole and
advertising sign of similar size and height as that sign removed
from City's right of way. Upon receiving said pole and sign, it
will be the responsibility of the City or its contractor to install
these items on the concrete foundation mentioned above. Said work
of installation shall include any and all necessary electrical
hook -ups.
- 3 -
Said sign and pole to be delivered by EXXON shall be fabri-
cated in a manner that conforms with all applicable building and
architectural codes and related 'restrictions, as currently in
effect in the city of San.Luis Obispo.
In the event grantor fails to deliver the advertising sign
and pole within the thirty (30) day period mentioned above, the
City shall be relieved of any further obligation in respect to
installing said sign with the exception of that work as described
in Clause 7(A).
It is further understood and agreed between the parties
hereto that the advertising sign currently located on the subject
parcel and owned by EXXON shall be removed in its entirety by the
City or its contractor at the time of street widening work and
shall be deposited at a convenient location on grantor's remaining
property.
9. Permission
described in Cl
and agrees that
landscaping and
shall remain or
ance and repair
is hereby given to the City
3uses 7(A) through 7(F) abov
upon completion of the work
planters, advertising sign,
become the sole property of
of said items to be that of
to perform the work
B. Grantor understands
described above, said
and light standard
grantor, the mainten-
grantor.
10. It is further understood by and between the parties hereto
that the temporary easement being acquired by the City in this
transaction is for the purpose of performing a portion of the work
described in Clauses 7(A) through 7(F) above. Said temporary
easement shall cease and terminate upon completion of construction,
but in any event shall cease and terminate no later than
January 1, 1979.
11. This transaction will be handled through an escrow with
SAFECO Title Insurance Company, P. O. Box 1145, San Luis Obispo,
CA; their No. 107574.
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IN WITNESS WHEREOF, the parties,have executed this agreement the
day and year first above written.
ATTEST:
A S etary
Recomma�r 6� -for Approval:
EXXON CORPORATION
��
'Vice Ptesident
CITY OF SAN LUIS OBISPO
DistVrCvt 'IMIn -t of Way Agent
Acquisition Branch By s/ KENNETH E. SCHWARTZ
Kenneth E. Schwartz, Mavor
RECORDING REQUESTEDI
CITY OF SAN LUIS OBISPO
r AND WHEN RECORDED MAIL TO
I
NAME
ADDRESS
Dept. }off Transportation
P. 0. BOX L
`ITr
STATE L San. Luis Obispo, CA 93406
I ..
.SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO
NAME Documentary transfer tax S. ............ ..............................
❑ Computed on full value of property conveyed, or
ADDRESS ❑ Computed on full value less liens S encumbrances
Clrr &
remaining thereon at time of sale.
STATE
Signature Of declarant or agent determining tax . firm name
❑ Unincorporated area ❑ City of ... .... ...........................
180 -15 r- ,� �q
180 -15 -1 Corporate ®n Grunt' Deed
L -2 THIS FORM FURNISHED BY SECURITY 'TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
a EXXON CORPORATION
a corporation organized under the laws of the State of New Jersey
hereby GRANT(S) to
THE CITY OF SAN LUIS OBISPO
the following described real property in the City of Sall Luis Obispo
county of San Luis Obispo , state of California:
AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT A ATTACHED HERETO
AND COMPRISED.OF ONE PAGE.
Dated 494/sZ /1�1977
EXXON CORPORATION
Notary Public in and for said Stale
d/
ice PP esident - •._� -I : i•
STATE OF CALIFORNIA
ss.
COUNTY OF LOS ANGELES
On this / /U� day of ` l9_, before me, the undersigned, a Notary Public in and for said State;
personally appeared Wnt. A. Nichols
known to me to be the Vice President, and R. J. Pry
known to me to be the Assistant Secretary, of EXXON CORPORATION, a New Jersey corporation, the corporation that executed
the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation herein
named, and acknowled3ed to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its
i
board of directors.
WITNESS my hand and official seal.
I�
Y�
CF:'IC:,1L SEAL
Notary Public in and for said Stale
d/
�•n.� nnl IrR
LO
f-ly C r tic ;i:n E °,,):,m S• p rb ^r 29, 1973
� _ �;�80--15• � a
%180 -15 -1
t: .
EXHIBIT "A"
That portion of Lot 1 Block 34 of the Town of San Luis Obispo, in the City
of San Luis Obispo, County of San Luis- Obispo, State of California, according
to the map thereof, filed for record May 1, 1878 in Book A at page 16-8 of
Maps, in the Office of the County Recorder of said County.
Parcel 180 -1.5. Beginning at the most Westerly corner of said Lot 1, thence
North 53 °38'00" East a distance.of 10.00 feet to the true P.O.B. thence
continuing North 53 °38'00" East a distance of 20.00 feet to a point, thence
on a curve concave to the Southeast tangent to the last described line with
a radius of 20.00 feet, through an angle of 90 °00 for a lenght of 31.42
feet to a point on the Easterly line of Santa Rosa Street as widened April
45 1966 in Book 1391 at page 588 of Official. Records, thence Northwesterly
along said widened line.of:Santa:.Rosa Street.-t6-the . true. P.O.B.
Parcel 180- 15 -1.- Temporary construction easement. Beginning at the-most
Westerly Conner of said Lot 1, thence North 53 038'00" East a distance of
30.00 feet to the true P.O.B. thence South 36 022' East a distance of 5.00
feet to a point, thence South 8 038'00" West a distance of 21.21 feet to a
point, thence. South 53 038'00" West a distance of 5.00 feet to a point thence.
on a curve concave to the southeast with a radius of 20.00 feet through an
angle of 906 for a length of 31.42 feet to the true P.O.B;.
Said temporary construction easement shall cease and terminate upon completion
of construction, but in any event, shall cease and terminate not later than
January 1, 1979.
1 `177
C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed
by the Corporation Grant Deed dated August.11 ,
1977 , from Exxon Corporation
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the
City Council pursuant to authority conferred by Resolution
No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002,
Official Records, Page 292, San Luis Obispo County, California,
and the Grantee consents to recordation thereof by its duly
authorized officer or.his agent.
Date: October 5, 1977
CITY OF SAN LUIS OBISPO
By s7 K= .dNZTH E. SCHW'ARTZ
Kenneth E. Schwartz, mayor
ATTEST:
sal H ffTZPATRre* .
J.H. Fitzpatrick, City Clerk
RESOLUTION NO. 3430 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
THE APPROPRIATION OF FUNDS RECEIVED UNDER THE FEDERAL ANTI- RECESSION
ASSISTANCE ACT.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
following Appropriation of Federal Anti- Recession Assistance Funds is
authorized to maintain basic services and levels of public employment.:
Account Description Budget
60- 3623 -484 Anti- Recession Assistance
5th quarter Allocation
Dept. Non- Departmental -CETA
(05) employment program -City
expense portion $9,753.00 DR.
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: None (one vacancy)
the foregoing Resolution was passed and
1977.
ATTEST:
..t
,,Xrfy Clerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIM R,
de la MOTTE & LILLEY
City Attorney
t
By Allen Grimes
ed this 4th day of October
c
Approved as to content:
City Administrative Offi er
\' -!
nance
R 3430
Budget Estimate
Federal Anti - Recession Assistance
5th Quarter Allocation
Dept. 05 - Non Departmental (CETA)
Salaries $ Fringe
(9 -mos.)
CETA Reimb.
Excess
1 Administrative Aid
(A.0.) $:92-522.
$.9,072.
;:$ 450.
1 Administrative Aid
(P.D.) 9,522.
91072.
450.
3 Fire..Fighters.
37,925..
30,321.
7,614.
$56,979.
$48,465.
.'$8,514.
Available for future.
CETA programs
15239.
Total Appropristion
RESOLUTION NO. 3429 (1 77 Series)
A RESOLUTION OF THE COUNCIL'OF THE CITY OF
SAN LUIS OBISPO APPROVING APPLICATION FOR
FUNDS UNDER THE NATIONAL ENDOWMENT FOR THE
ARTS "LIVABLE CITIES" PROGRAM FOR MISSION
PLAZA PHASE 3 DESIGN.
WHEREAS, the City intends to pursue design work on the extension of Mission
Plaza, including preparation of site plans and conduct of citizen and environ-
mental review, and
WHEREAS, the National Endowment for the Arts is making available funds for such
activities through its "Livable Cities" grant program,
NOW, THEREFORE, BE IT RESOLVED:
1. The Council approves filing an application for grant funds under the "Livable
Cities" program;
2. The Administrative Officer and Mayor are authorized to sign the grant
application on behalf of the City;
3. Assurance is given that the City will comply with Title VI of the Civil Rights
Act of 1964 and all requirements imposed pursuant to that title.
APPROVED by the Council of the City of San Luis Obispo at a meeting thereof held
on the 4th day of October ', 1977, on motion of Councilman Jorgensen
seconded by Councilman Petterson , and on the following roll call vote:
AYES: Councilmen Petterson, Jorgensen, Dunin and Mayor Schwartz
NOES: None
ABSENT: None (one vacancy)
ATTEST:
Ci,W�- -J'�H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
City Administrative Of r
By Allen Grimes u J" I-AIV04 lt%w
ommunnity a opmen epar ment
by Associay Planner x 3429
NEA 3 (Rev.) �"� OMB- 128 -R0001
Organization Grant Application
National Endowment for the Arts
Applications must be submitted in triplicate and mailed to the
Grants Office (Mail stop 500), National Endowment for the Arts,
Washington, D.C. 20506
I. Applicant organization
II. Architecture Program/ Category under which support is requested:
(name and address with zip)
City of San Luis Obispo
Livable Cities
Ill. Period of support requested
P. 0. Box 321
San Luis Obispo, CA 93406
Starting January 1, 1978 Ending June 30, 1978
month day year month day year
IV. Summary of project description (complete in space provided. Do NOT continue on additional pages.)
We are seeking funding for part of the cost for design services for an extension
of San Luis Obispo's "Hission Plaza." The existing plaza is a block long, landscape
public open space flanked on one side by our 200 year old Spanish mission and on
the other by stores, shopping arcades, and restaurants. A creek runs through the
plaza. The plaza is used informally every day by downtown visitors and residents,
and on special occasions as a formal community assembly area (crafts, entertainment,
food).
The proposed extension would continue this community space for an additional block
along the creek downstream from the existing plaza. A conceptual plan prepared in
1976 proposes more space for outdoor performing arts and pedestrian links between
commercial and public uses (are museum and historical museum) at the end of the
existing plaza and additional commercial uses adjacent to and at the end of the
proposed extension. The city has been working with private development proposals
within the extension block to assure compatibility with the conceptual plan.
The grant would help fund (1) city staff coordination of professional design service
private development proposals, and advisory commission and citizen review, (2)
consultant design services consisting of (a) a master site plan and (b) working
drawings and specifications) and (c) environmental evaluation.
(Photographs of the existing plaza and extension area are enclosed.)
V. Est a ed number of persons expp ted to benefit from thi ro'ect
rps number of tourists and visitors.
VI. Summary of estimated costs (recapitulation of budget items in Section Ix)
Total costs of project
A. Direct costs (rounded to nearest ten dollars)
Salaries and wages $ 1,640.
Fringe benefits 410.
Supplies and materials 200.
Travel -0-
Special -0-
Other 15.670
Total direct costs $ 17.920
B. Indirect costs $ -0-
Total project costs $ 17, 920
VII. Total amount requested from the National Endowment for the Arts $ 8,960
VIII. Organization total fiscal activity Actual most recent fiscal period Estimated for next fiscal period
A. Expenses 1.$ 9., 032,500 2_$ 12.027.000
S. Revenues, grants & contributions t, $ same 2; $ same
Do not write in this space
Evaluation of prior year(s)' projects 1 2 3 4 Pys $ Cps $ Audit report 1 2
IX. Budget breakdown of summary of estimated costs
A. Direct costs
1. Salaries and wages
Title and /or type Number of Annual or average % of time
of personnel personnel salary range devoted to this Amount
project $
Planning Assistant 1 15,816. 5%
200
Engineering Assistant 1 16,944. 50
Total suonlies and materials $ 200
Total salaries and wages $ 1,64
(25% average) Add fringe benefits $
Tnfal ealarias and wanes includina fringe benefits $
2. Supplies and materials (list each major type separately)
Amount
Graphic presentation materials, not included under 5 below
200
(photographic film print paper, model supplies)
Total suonlies and materials $ 200
3. Travel
Transportation of personnel Amount
No. of travelers from to $
Subsistence
no. of travelers No. of days Daily rate
IX. Budget breakdown of summary of estimated costs (continued)
4. Special (list each item separately)
Amount
S. Other (list each item separately)
Amount
a
Contract services: architect/landscape architect
-preliminary master site plan desi ns
3,560
-working drawings and s ecifications
6,610
environmental consultant
-environmental evaluation.and report
.5 .500
Total other $15,670
B. Indirect costs
Rate established by attached rate negotiation agreement with National Foundation on the Arts and the Humanities or
another Federal agency
Amount
Rate % Base 5 5 None
X. Contributions, grants, and revenues (for this project)
A. Contributions
1. Cash (do not include direct donations to the Arts Endowment) Amount
S
2. In -kind contributions (list each major item)
B. Grants (do not list anticipated grant from the Arts. Endowment)
Amount
c
C. Revenues
an Luis Obispo Capital Outlay fund (includes
om local property tax state c1cIarrete tax,
Revenue Sharing, and City General Fund
Total revenues
Total contributions, grants, and revenues for this project
Amount
S
XI. State Arts Agency notification
The National Endowment for the Arts urges you to inform your Sta!e Arts Agency of the fact that you are submitting this
application.
Have you done so? x Yes No
X11. Certification
We certify that the information contained in this application, including all attachments and supporting materials, is true
and correct to the best of our knowledge.
Authorizing official(s)
Signature. �'�`�"^�` o ^r'� Date signed October 5. 1977
Name (print or type) Richard D. Mi 11 e
Title (print or type ) Administrative Officer
Telephone (area cede) (805 541 - 1000 - ext. 10
Signature Date signed
Name (print or type) Kenneth E. Schwartz
Title (print or type) Mayor
Telephone (area coder 805 541 -1000 ext.
Project director
Signature " �t n y ( "2 7
Date 7 sgne
Name (print or type) Glen Matteson
Title (print or type) Planning ASSIstant
Telephone (area code) b41—lUUU ext.
Payee (to whom grant payments will be sent if other than authorizing official)
Signature Date signed
Name (print or type) City of San Luis Obispo c/o Jean Fitzpatrick
Title (print or type) C1 Prk /Tr as lr r
Telephone (area code) (805) 541 -1000 ext. 14
If payment is to be made to anyone other than the grantee, it is understood that the grantee is financially,
administratively and programmatically responsible for all aspects of the grant and all reports must be
submitted through the grantee.
o r
Z +
ti+ C
''rf �Np 1MC YJF
Assurance of Compliance With National Foundation on the Arts and.the Humanities
Regulations Under Title VI of the Civil Rights Act of 1964
The City of San Luis Obispo
"Applicant') Hereby Agrees That it will comply with Title VI of the Civil Rights Act of 1(964 (42 (hereinafter
and all requirements imposed by or pursuant to the Regulations of the National Foundation on the Arts
and the Humanities (45 C.F.R. Part 1110) issued pursuant to that Title, to the end that, in accordance
with Title VI of that Act and the regulations, no person in the United States shall, on the ground of race,
color, or national origin. be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the Applicant receives Federal financial
assistance from the Foundation: and Hereby Gives Assurance That it will immediately take any measures
to effectuate this agreement.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance
extended to the Applicant by the Foundation, this assurance shall obligate the Applicant, or in the case
of any transfer of such property, any transferee, for the period during which the real property or structure
is used for a purpose for which the Federal financial assistance is extended or for another purpose
involving the provision of similar services or benefits. If any personal property is so provided, this assurance
shall obligate the Applicant for the period during which it retains ownership or possession of the property.
In all other cases, this assurance shall obligate the Applicant for the period during which the Federal
financial assistance is extended to it by the Foundation.
This Assurance is given in consideration of and for the purpose of obtaining any and all Federal grants,
loans. contracts, property. discounts or other Federal financial assistance extended after the date hereof
to the Applicant by the Foundation, including installment payments after such date on account of applications
for Federal financial which were approved before such date. The Applicant recognizes and agrees that
such Federal financial assistance will be extended in reliance on the representations and agreements made
in this assurance, and that the United States shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the Applicant. its successors. transferees, and assignees, and the
person or persons whose signature appears below is authorized to sign this assurance on behalf of the
Applicant.
Citv of San Luis Obispo
P.O. Box 49
fAppl Ca tt AppliCant s madmq address
San Luis Obispo. California 93406
Richard D. Miller, Administrative Officer
By (President. Chairman of the Board. or Cordoaraole authorized ofhCial)
Dated
RESOLUTION NO. 3428 (1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL
MAP_N(1. 76 -499 SPENCER_MEYER_AND_LINDA_MEYFR%
APPLICANT: 2260 LOOMIS`: ST.) AND AUTHOR=
IZING THE EXECUTION OF A GRANT DEED TO 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. 76 -499 as contained in Resolution No. 3198 (1976 Series).
Section 2. All conditions of Resolution No. 3198 (1.976 Series) have been
met with the exception of condition c. This condition shall be met by having
the applicant deposit a eas with the City to guarantee the construction
of curb, gutter and sidewalks.
Section 3: This Council now grants final approval of Parcel Map No. SLO-
76- 499,}Spencer Meyer and Linda Meyer, applicants; Location 2260 Loomis Street.
Section 4. This Council hereby authorizes the Mayor to execute a grant
deed conveying a portion of the parcel to the applicant.
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 (one vacancy)
the foregoing Resolution was passed and
ATTEST:
C rerC J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & 'LILLEY
City Attorney
by Allen Grimes
4th day of OrtnhPr, 1977.
Approved as to content:
R -)L+ca
RECORDING REQUESTED
i
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF SAN LUIS OBISPO
a corporation organized under the laws of the State of Cal i fornia
hereby GRANT(S) to
Spencer Mever and Linda Meyer
the following described real property in the City of San Luis Obispo
county of San Luis Obispo state of California:
SEE ATTACHED EXHIBIT "A"
Dated Ortnbpr 5, 1977
STATE OF CALIFORNIA.
COUNTY OF ___ SS.
On before me, the under-
signed, a Notary Public in and for said County and State, . personally
appeared
known to me to be the President, and
, known to me to be
Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or resolution of its board of
directors.
Signature of Notary
Name (Typed or Printed) of Nbtary
CITY OF SAN LUIS OBISPO
sZ KENN =. 7Z]JWARTZ
Kenneth E. Schwartz, Mayor
sZ J. Ii. FITZPATRIC;
J.H. Fitzpatrick, City Clerk
FOR NOTARY. SEAL OR STAMP
Title Order No. Escrow No.
L -2 (G.S.) (Rev. 5-67) (B pt.)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
AND WHEN RECORDED MAIL TO
r
I
NAME
ADDRESS
CITY &
STATE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MALL.TAE STATEMENTS TO
NAME
Documentary transfer tax $ ............. ...............................
❑ Computed on full value of property conveyed, or
ADDRESS
❑ Computed on full value less liens & encumbrances
CITY s
remainim, thereon aI time of sale.
STATE
L...:
.........................................................
...............................
Signature of declarant or agent determining; tax firm name
❑ Unincorporated area ❑ City of ... ...............................
Corporati ®n Grant need
L -2
THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF SAN LUIS OBISPO
a corporation organized under the laws of the State of Cal i fornia
hereby GRANT(S) to
Spencer Mever and Linda Meyer
the following described real property in the City of San Luis Obispo
county of San Luis Obispo state of California:
SEE ATTACHED EXHIBIT "A"
Dated Ortnbpr 5, 1977
STATE OF CALIFORNIA.
COUNTY OF ___ SS.
On before me, the under-
signed, a Notary Public in and for said County and State, . personally
appeared
known to me to be the President, and
, known to me to be
Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or resolution of its board of
directors.
Signature of Notary
Name (Typed or Printed) of Nbtary
CITY OF SAN LUIS OBISPO
sZ KENN =. 7Z]JWARTZ
Kenneth E. Schwartz, Mayor
sZ J. Ii. FITZPATRIC;
J.H. Fitzpatrick, City Clerk
FOR NOTARY. SEAL OR STAMP
Title Order No. Escrow No.
L -2 (G.S.) (Rev. 5-67) (B pt.)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT "A"
That portion of Lots 23 through 30 in Block 2 of the Monterey Heights Subdivision
filed in Book 3 of Maps at Page 66 in the City and County of San Luis Obispo,
State of California, described as follows:
Beginning at the most southerly corner common to Lots 22 and 23 in said block,
said corner li8s on the right -of -way line of Santa Ynez Avenue;
thence South 3 4.7' West along said right -of -way line 86.41 feet to the beginning
of a tangent curve concave to the northwest, having a_ central angle of 61 42'07"
and a radius of 20 feet; thence southwesterly along the arc of said curve 21.54
feet to its end and point of tangency with a curve concave to the north having a
central angle of 19 °51'16" and a radius of 380 feet, thence westerly along the
arc of last said curve 131.68 feet to its end ang point of tangency with a curve
concave to the north having a central angle of 4 18'45" and a radius of 1395.50
feet; thence westerly along the arc of last said curve 105.04 feet to its end
and point of tangency with a curve concave to the north, having a central angle
of 10 03'51" and a radius of 427.71 feet; thence westerly along the arc of last
said curve 75.13 feet to intersect with the westerly line of said Lot 30; thence
North 5 12' East along said westerly line 12.60 feet to a six -inch by six inch
concrete monument set to reference the northwest corner of said Lot 30; thence
the following courses and distances along the northerly line of said Lots 24
through 30 and the line described by deed recorded in Book 407 of Official Records
at Page 62:
North 88 °12' East, 35.00 feet; North 83 °12' East, 35.00 feet;
North 78 °12' East, 35.00 feet; North 68 °12' East, 35.00 feet;
North 60 °12' East, 35.00 feet; North 50 °12' East, 40.00 feet;
North 36 048' East, 50.00 feet; to the most westerly corner of Lot 23 thence
along the southwesterly line of Lot g3,; South 58 06' East, 73.20 feet to the most
southerly corner of Lot 23; North 32 17' East, 62.79 feet more or less to the point
of beginning containing 0.509 acres more or less.
Mm
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RESOLUTION NO. 3427 (1977 Series)
A RESOLUTION OF.THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING THE APPLICATION FOR GRANT
FUNDS UNDER THE ROBERTI- Z'BERG URBAN OPEN SPACE
AND RECREATION PROGRAM (Second year funding).
WHEREAS, the Legislature of the State of California has
enacted the Roberti- Z'berg.Urban Open -Space and Recreation Pro-
gram, which provides funds to certain political subdivisions of
the State of California for acquiring lands and for developing
facilities to meet urban recreation needs; and
WHEREAS, the State Department of'Parks and Recreation has
been delegated the responsibility for the administration of the
program, setting up necessary procedures governing application by
local agencies under the program; and
e
WHEREAS, said procedures established by.the State Department
of Parks and Recreation require the applicant to certify by
resolution the approval of applications prior to submission of
said..applications to the state; and
WHEREAS, said applications contain a certification that the
applicant will comply with all federal, state, and local environ-
mental, public health, relocation, affirmative action, and clear-
inghouse requirements and all other appropriate codes, laws and
regulations prior to the expenditure of the grant funds; and
WHEREAS; the project(.$). applied for under this program must
be of a high priority and s.atisfy the most urgent park and
recreation needs with emphasis on unmet needs in the most heavily
populated areas;
NOW, THEREFORE, BE.IT RESOLVED that the City Council of the
City of San Luis Obispo hereby:
1. Approves the filing of an application for funding under
the Roberti- Z'berg Urban Open -Space and Recreation Program; and
2. Certifies that said agency understands the general
provisions of the agreement; and
3.. Certifies that said agency has or wi.11 have sufficient
funds to operate and maintain the project(s) funded under this
program,; and
4. Certifies that said agency h.as or will have available
prior to commencement of any work on the projects) included in
this application matching money from a nonstate source; and
JS:rr 9/13/77 R 3427
Resolution No. 3427
(1977 Series)
5. Certifies that the project(s), included in this appli-
cation conform to the recreation element of the applicable city
or county general plan: and
6. Appoints the Mayor as agent of the City of San Luis
Obispo to conduct all negotiations, execute and submit all docu-
ments including but not limited to applications, agreements,
amendments, payment requests, and so on which may be necessary
for the completion of the aforementioned project(:sl; and
7. Appoints the City Attorney -as legal counsel for said
agency with authorization to sign the certification on page 1 of
application.
On motion of Councilman Dunin , seconded by Councilman Gurnee .
and on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th
day of September , 1977.
ATTEST:
�C Clerk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
by Allen Grimes
JS:rr 9/13/77
Approved as to content:
City Administratf4ae Officer
Dire�toh of Parks & Recreation
page 2
RESOLUTION NO. 3426 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO RENAMING FIG STREET AND A PORTION OF OSOS
STREET NORTH OF HIGHWAY 101 AND CONSOLIDATING THEM
AS AN EXTENSION OF OLIVE STREET.
WHEREAS, Fig Street and a small portion of Osos Street noro of
Highway 101 are difficult to find; and
WHEREAS, it is in the interest of public safety and welfare to avoid
confusion by consolidating these two streets into an extension of Olive Street;
and
WHEREAS, the affected residents and property owners approve of the name
change and consolidation;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The name of Fig Street and that portion of Osos Street
between Olive Street and Highway 101 be changed to Olive Street.
SECTION 2. The. extended; Olive Street be renumbered to conform with
City standards
SECTION 3. The city engineer is directed to record the name change
and consolidation wherever necessary.
On motion of Cnimrilman.Tlnnin. ., seconded by Councilman Gurnee ,
and on the following roll call vote:
AYES: Councilmen,Dunin, Gurnee,, Jorgensen, Pettdison and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted. this 20th day of September ,
1977.
ATTEST:
City e d.H. Fitzpatrick
C'
Resolution No. 3426
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LTLLEY
City Attorney I
By Allen Grimes
(1977 Series).
Approved as to content:
Zity Engi k6er -
V
Director of Public Services
Chief 6V Police
Fi a -Chie
5
1!°
ht
,C
\ N D
PROPOSED
N
IV
r '.
r.
'ac$SOLUTION N0. 3425 (1977 Series)!
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
APPROPRIATION OF FUNDS RECEIVED UNDER THE FEDERAL ANTI - RECESSION ASSISTANCE ACT.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
appropriations of Federal Anti - Recession Assistance Funds are authorized to maintain
basic services and levels of public employment:
Account Description Budget
60 -3623 -484 Anti- Recession Assistance Program
5th Quarter Allocation
Dept. Community Development (Planning) $12,200.00 DR.
(40)
60- 1437 -010 Anti- Recession Assistance Revenue $21,953.00 CR.
5th Quarter Allocation
Unappropriated Balance 9,753.00 DR.
On the motion of Councilman Dunin seconded by Councilman Gurnee
and on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and
1977.
ATTEST:.
Cit Fitzpatrick-
Approved oved as to form:
WENDT, MITCHELL, SINSHEI R,
de la MOTTE &.LILLEY
City Attorney
By Allen Grimes
20th day of September ,
Kenneth E. S
Approved as to content:
tz
Personnel Director
R 3425
BUDGET ESTIMATE
"FEDERAL ANTI - RECESSION ASSISTANCE
5th QUARTER ALLOCATION
Dept. 40 Community Development (Planning)
Salaries
3 Research Interns - 40 hrs /week $11,400
for 6 mos. @ $3.65/hr.
Supplies
Film /Processing
Mileage
Printing
Office Supplies
$450 '
125
7.5
150 800
Total Appropriation $12,200
RESOLUTION NO. 3424 (1977 Series)
A RESOLUTION MAKING YEAR -.END ADJUSTMENTS IN THE 1976/77 BUDGET, AUTHORIZING
COVERAGE OF DEPARTMENTAL OBJECT ACCOUNT AND LINE ITEM BUDGET OVERDRAFTS ON
A BLANKET BASIS AND MAKING TRANSFERS AMONG VARIOUS FUNDS TO COMPLY WITH
STATUTORY REQUIREMENTS, COVENANTS WITH BOND HOLDERS AND FOR OTHER PURPOSES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That the following year -end appropriations adjustments be made in the
1976/77 budget:
General Fund:
OA 01- 2002 -013
05 -01- 3314 -419
15 -01- 2408 -083
25 01 -2308 -090
30 -01- 2708 -094
50 01- 5105 -051
85 01- 4101 -006
01- 0510 -000
01- 0600 -000
Legislative- Reproduction
Community Promotion -Misc. Charges
Attorney- Contract Services
Finance -Data Processing
Personnel- Contract Services
Traffic Signals $ Light -Pac. Gas.$ Elec.
Fire Dept.- Workmens Comp.
Appropriations
Unappropriated Fund Balance
Budget Increase
$ 820
1,090
10,070
2,600
7,460
22,680
28,880
73,600
73,600 CR.
73,600 DR.
Park $ Recreation Fund:
50 11- 5708 -102 Parks- Janitorial Services 6,180
60 11- 5701 -002 Salaries- Temporary 8,120
14,300
11- 0510 -000 Appropriations 14,300 CR.
11- 0600 -000 Unappropriated Fund Balance 14,300 DR.
Business Improvement Area:
05
15- 3303 -034
Promotion- Advertising
10,800
05
15- 3308 -110
Promotion - Contract Services
1,300
05
15- 3311 -144
Promotion - Travel & Meeting Expenses
550
05 -15-
3314 -401
Promotion - Special Events
3,750
05
-.15- 6814 -405
Parking Facilities - Special Projects
850
15- 0510 -000 Appropriations
15- 0600 -000 Unappropriated Fund Balance
Sales Tax Street Fund:
40 23- 7514 -402 Public Transportation System
Handicapped Grant
23- 0510 -000 Appropriations
23- 0600 -000 Unappropriated Fund Balance
17,250
17,250 CR.
17,250 DR.
330
330 CR.
330 DR.
R 3424
Resolution No. 3424 /�
Capital
Outlay
Fund:
Budget Increase
40
40- 4161 -626
Laguna Lake Fire Station
$15,390
40
40- 4862 -703
Handicap Barrier Removal
160
40
40 -5063 -801
Creek Obstruction Removal
910
40
40- 5761 -604
Tennis Court Phase I
10
40
40 -5761 -629
Sinsheimer Swimming Pool
42,290
40
40- 5762 -724
Sinsheimer Baseball Stadium
250
40
40- 6360 -504
Los Osos Valley Water Project -R /W
50
40
40- 6361 -625
Broad St. Waterline Project
1,670
60,730
40- 0510 -000
Appropriations
60,730
CR.
40- 0430 -000
Laguna Lake Fire Station Reserve
15,390
DR.
40- 0430 -000
Sinsheimer Swimming Pool Reserve
422290
DR.
40- 0600 -000
Unappropriated Fund Balance
3,050
DR.
Equipment Replacement Fund:
50
41 -5750 -000
Parks- Vehicles
(Overrun of Prior Year Encumbrance)
420
41 -0510 -000
Appropriations
420
CR.
41- 0600 -000
Unappropriated Fund Balance
420
DR.
Water Fund:
50
50- 6609 -120
Fire Insurance
280
50- 0510 -000
Appropriations
280
CR.
50- 0600 -000
Unappropriated Fund Balance
280
DR.
Parking Fund:
50
51- 6701 -006
Parking Meters $ Collections- Workmens
Comp. 80
51- 0510 -000
Appropriations
80
CR.
51- 0600 -000
Unappropriated Fund Balance
80
DR.
2. That the Council hereby authorizes coverage of Departmental Budget overdrafts
on a blanket basis within activity, object and line item accounts provided
that such overdrafts are offset by equal unexpended balances within the
departmental budget and the adjustments indicated above. The Council further
finds that adjustments between line item, object and activity accounts would
only be accomplished at an expenditure of time and expense without
commensurate benefit.
On motion of Councilman Dunin seconded by Councilman Gurnee
and on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
r—,
-Resolution No. 3424
the foregoing Resolution was passed and adopted this 20th day of September ,
1977.
ATTEST:
Ci t
..)��Uerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY_
City Attorney
i
{
By Allen Grimes
Approved as to content:
i
City A inistratve fficer
et , "'z
nance Dir o
J
RESOLUTION NO. 3423 (1977 Series)'
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
OBISPO APPROVING PROJECT CA 16 - P064 - 013, 18 UNITS,
TRADITIONAL LOW RENT PUBLIC HOUSING AS PROPOSED BY
THE CITY HOUSING AUTHORITY.
WHEREAS, it is the policy of this locality to eliminate substandard and
other inadequate housing, to prevent the spread of slums and blight, and to
realize as soon as feasible the goal of a decent home in a suitable living
environment for all of its citizens and
WHEREAS, under the provisions of the United States Housing Act of 1937,
as amended; the United States of America, acting through the Secretary of
Housing and Urban Development (herein called the "Government "), is authorized
to provide financial assistance to local public housing agencies for under-
taking and carrying out the development of low -rent housing projects that
will assist in meeting this goal; and
WHEREAS, under the provisions of the State of California Health and
Safety Code as amended, local public housing agencies shall consult with and
seek approval by resolution from this locality for each low -rent housing
project it proposes to develop, construct and own; and
WHEREAS, the Housing Authority of the City of San Luis Obispo (herein
called the "Local Authority ") is a.public housing agency and is applying to
the.Government for financial assistance to develop, construct and own 18
units of low -rent housing identified as Project CA 16 - P064 - 013:
NOW; THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Local Authority's proposal to develop, construct and own 18
units of low -rent housing identified as Project CA 16 - P064 - 013 is hereby
approved.
R 3423
Resolution No. 3423
(1977 Series)
On motion of Councilman Dunin , seconded by Councilman Gurnee
and on the following roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen,,Petterson and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of September ,
1977.
ATTEST:
r
Cit r itzpatrick
Approved as to form:
Approved as to content,::
WENDT, MITCHELL, SINS IMER,
de la MOTTE $ LILLEY
City Attorney
n City Admini;str ive 0 ices
By Allen Grimes
— 2 —
1
RESOLUTION NO. 3422 (1977 Series) RESCINDED
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ADOPTING A POLICY REGARDING CITY
VEHICLE IDENTIFICATION.
WHEREAS, the council of the City-of San Luis Obispo desires that city
Vehicles be identified in a distinctive and attractive manner in keeping with
the character of-the community.
NOW, THEREFORE, BE IT RESOLVED that the following policy shall be
adopted in marking and identifying new city vehicles:
SECTION 1. All new vehicles shall be white.
Heavy equipment such as road graders, street sweepers, tractors or
other equipment may be Omaha orange where the public services director
determines that such color will improve work safety or ease of maintenance.
SECTION 2. All new vehicles shall: receive the city emblem seal,
depicting the city logo on each front door intercepting a reflective strip
running from the front fender to the rear fender or to the rear of truck
cabs depending upon vehicle design.
Certain investigative vehicles may be exempted by the police chief
or fire chief when in their.opinion the city's best interests would not be
served by use of a seal.
SECTION 3. All new or existing unmarked administrative vehicles
shall receive one inch (111) blue reflective striping and a small city emblem
seal.
SECTION 4. All other new vehicles shall receive four inch (411)
reflective "striping in accordance with the following color code:
R .3422.
PAMOUNDS171
10 t
Resolution No. 3422
a. 'Police - blue
b. Fire - red
c. Public services- orange
d. Park & recreation - green
e. Community development -. yellow'
(1917 Series)
SECTION S.. All vehicles shall receive an identification number and
a designation of department to be placed along the stripe near the rear of
the vehicle.
On motion Of Councilmen Dunin seconded by Councilmen Gurnee
and on the following roll call vote:
AYES; Councilmen. Dtffiin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 20th day of Sei)tember-
1.977,
ATTEST:
City - ft- .Fitzpatrick
e�� I - -- .
Approved as to form:.
iENDT, MITCHELL, SINSHEIMER,
die la MOTtE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City-Admin.istrative Off
Director Of Public Services
-_ 2 -
RESOLUTION NO. 3421 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE)CITY OF SAN LUIS
OBISPO DENYING AN APPEAL BY MIKE ALAMO OF A PLANNING
COMMISSION DECISION TO GRANT A USE PERMIT FOR STUDENT
HOUSING AT 1617 SANTA.ROSA STREET.
WHEREAS, the Planning Commission by Resolution No. 1120 -77 approved a
use permit subject to certain conditions for student.housing at 1617 Santa
Rosa Street in the R -3 tone; and
WHEREAS, Mike Alamo, a neighbor; appealed the approval to the City
Council on the grounds that the use was not in character with the neighbor-
hood which he contended was medium low density; and
WHEREAS, the City Council conducted a public hearing on the appeal con-
sidering testimony for and against the proposed use; and
WHEREAS, the City Council acknowledged the:transitional character of
the neighborhood from lower to higher residential density and the 'inevitable
mixture of residential land use types; and
WHEREAS, the City Council determined that the medium high residential
land uses are consistent with the adopted general plan; and
WHEREAS, the City Council determined that student housing was a com-
patible use with the neighborhood as proposed by the applicant with conditions
of approval imposed by the Planning Commission.
NOW., THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the appeal of Mike Alamo is denied and Use Permit U -0613 for
student housing at 1617 Santa Rosa Street is approved subject to the findings
and conditions of approval as specified in Planning Commission Resolution
No. 1120 -77.
R 3421
Resolution No. 3421 (1977 Series)
On motion of Councilman Dunin: econded b Councilman Gurnee
—
and . ,
and on the following roll call voter
AYES: Councilmen "Dunin, Gurnee, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution is passed and "adopted this :20th day of September
19 77 .
ATTEST
City rc J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SIN
de la MOTTE $ LILLEY
City Attorney
0
Approved as.to content:
- 2 -
;�JLUTION NO. 3420 (1977 Series;_%
RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY
COUNCIL DENYING A USE PERMIT FOR AN 88 -UNIT
MOBILE HOME PARK EXPANSION AT 1801 PREFUMO
CANYON ROAD ON APPEAL BY DONALD SMITH, GEORGE
HENRY AND ELIZABETH ZEVELY.
_._WHEREAS, the Planning Commission by Resolution No. 1091 -77 approved a use
permit with certain conditions for an 88 -unit mobile home park expansion
at 1801 Prefumo Canyon Road in the U (unclassified.) zone; and
WHEREAS, the Planning Commission approval was appealed by Donald Smith,
George Henry and Elizabeth Zevely on the following grounds:
- mobile homes do not pay their fair share of taxes relative to other
residential housing types;
- the mobile home park expansion would detract aesthetically from the
natural and built environment;
- the mobile home park expansion would have negative social impacts on the
community; and
WHEREAS, the City Council reviewed the project environmental impact report
which specified significant impacts associated with the project; and
WHEREAS, the City Council determined that the mobile homes were aesthetically
incompatible with.the particular scenic qualities of the area including the
golf course adjacent to the project; and
WHEREAS, the City Council determined that the project would be growth inducing
because of its particular attraction to retired people from outside San Luis
Obispo County; and
WHEREAS, the City Council determined that available information in the environ-
mental impact does not clearly demonstrate that mobile home parks pay their fair
share of taxes; and
WHEREAS, the City Council determined that the provision limiting occupancy
of the mobile home park to adults would deny this form of moderate priced
housing to families with children who have a need for such housing and said
provision would be unfairly discriminatory.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that
Use Permit No. U 0556, request for an 88 -unit mobile home expansion at 1801
Prefumo Canyon Road be denied.
On motion of Mayor Schwartz seconded by Councilman Gurnee
and on the following roll call vote:
AYES: Councilmen Gurnee, Jorgensen and Mayor Schwartz
NOES: Councilmen Petterson and Dunin
ABSENT: None
R 3420
Resolution No. 3420 (1977 Series)
the foregoing Resolution was passed and adopted this 20th day of September
1977.
ATTEST:
-
itzpatrfck
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney J
By Allen Grimes
Approved as to content:
- 2
aenior rianner
RESOLUTION NO. 3419 (1977 Series)
RESOLUTION.OF. THE COUNCIL OF THE CITY.OF SAN LUIS
OBISPO CERTIFYING THE PROJECT ENVIRONMENTAL IMPACT
REPORT FOR USE PERh1IT REQUEST U 0556 = AN 88 -UNIT
MOBILE HOME PARK EXPANSION AT 18Q1 PREFUMO CANYON
ROAD.
WHEREAS, the City Council required the preparation of an Environmental. Impact
Report for the project to include a cost revenue comparison of residential
development alternatives; and
WHEREAS, :the final EIR with comments from the public and other agencies having
jurisdiction -and response to comments by staff was reviewed by the Planning
Commission at a public hearing; and
WHEREAS, the project EIR was certified by the Planning Commission as being
completed in compliance with the California Environmental Quality Act and
State and City Guidelines; and
WHEREAS, the EIR was appealed by Messrs. Donald Smith and George Henry and
Ms. Elizabeth Zevely on the grounds that the economic information contained in the
EIR was naccurate, that the cost /revenue evaluation contained errors which
favored mobile home parks in comparison with other types of residential
development; and
WHEREAS, the City Council at a public hearing considered the appeal and public
testimony for and against the appeal, as well as testimony by staff and the EIR
economic consultant; and
WHEREAS, the City Council determined that there were errors in the economic portion
of the EIR and ordered a revision to said portion of the EIR; and
WHEREAS the City Council conducted another public hearing considering the revised
EIR and public testimony addressing the sufficiency of the revised EIR; and
WHEREAS, the City Council determined that the revised EIR had corrected errors
noted in the original EIR but nevertheless did not clearly demonstrate that mobile
home parks pay their fair share.of taxes; and
WHEREAS, the City Council determined that the EIR with cost /revenue comparisons
although not having the validity desired by the Council was sufficient to evaluate
significant adverse environmental impacts of the project; and
NOW THEREFORE BE IT RESOLVED by'the City Council of the City of San Luis Obispo that
the project EIR for Use.Permi.t'Request U 0556 is certified as being completed in
compliance with the California Environmental Quality Act and State and City EIR
Guidelines and is sufficient to describe adverse environmental impacts of the project.
R 3419
Resolution No. 3419
19
0 1
(1977 Series)
On motion of Councilman Dunin SeConded by -Councilman -.Gurnee
and on the fb1lowing-r071 call -vote:
AYES: Councilmen Dunin, Gurnee, Pettersoln,.Jorgensen and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resol uti.on was passed and adopted this 20th---- day of September
1917.
AT-TEST:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la.MOTTE & LILLEY
City Attorney
By Allen Grimes
- 2 -
Approved as to content:
City Administrative ON, cer
RNSOLUTION NO. 3418 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION
NO. 77 -306, LOCATED AT 200 and 206 MARGARITA 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 Minor
Subdivision 77 -306 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 -2 -S and C -H -S zoning.
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 -306 be
subject to the following conditions:
1. All lot corners shall be staked by a registered civil engineer or licensed
surveyor.
2. Street trees shall be installed on the Margarita Avenue frontage to the
approval of the Public Services Department.
3. A lot depth -width ratio variance is hereby granted for Parcel A.
On motion of Councilman Dunin , seconded by Councilman Gurnee ,
and on the following roll.,, call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz
NOES: None.
ABSENT: None
the foregoing Resolution was passed
ATTEST:
Citve'lia�rk. J.H.
Approved as to form:
Wendt, Mitchesll, Sin
& Lilley, City Attorn
By Allen Grimes
, de la Motte
Approved as to content:
Cit =Ainig' t ti 0 cer
Senior .Pi
ity En9c er R 3418
1�
G /TY LIMl7"
MA P NO
I 51.G -77— 306
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36
N ,
RESOLUTION NO. 3417
(1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GRANTING FINAL APPROVAL OF
PARCEL MAP NO. SLO -77 -118 (JUDSON TERRACE
HOMES APPLICANT, LOCATED AT 3000 AUGUSTA
AND 3007 JOHNSON AVENUE).
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. This Council previously made certain findings con-
cerning Parcel Map No. SLO -77 -118 as contained in Resolution No. 3333
(1977 Series).
Section 2. This Council now grants final approval of Parcel
Map No. SLO -77 -118 (Judson Terrace Homes, located at 3000 Augusta
and 3007 Johnson Avenue).
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 20th day of
September ..1977
ATTEST:
Ci r J. H. Fitzpatr-icF.
Approved as to form:
Tn]ENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY n
City Attorney 4
by Allen Crimes
Approved as to content:
City . mi.nistra e Utticer
Acting virector o
Development
a
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RE::_�UTION NO. 3416 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO TO GRANT APPROVAL OF TENTATIVE TRACT NO. 668
LOCATED AT 1360 LAUREL LANE.
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 668
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 -3 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 Tract 668 be subject to the
following conditions:
1. The applicant shall install a heat detection system to the approval of
the City Fire Department in lieu of required interior fire protection.
2. Vehicular access rights to Laurel Lane shall be dedicated to the City.
3. The applicant shall repair existing curb, gutter and sidewalk to the
satisfaction of City Public Services Department.
4. The applicant shall install a new driveway ramp on Augusta Street
frontage and handicap ramp at the corner of Augusta and Laurel Lane.
5. The applicant shall submit a soils report with the final map, with
provisions for draining the on site spring subject to approval of the
City Engineer.
6. If sewer service to each unit is to be provided by extension of public
sewer main, said main shall be constructed to City standards and ease-
ments shall be granted to the City subject to approval of the City
Engineer.
7. All utilities within the subdivision shall be underground.
8. Street trees shall be provided in a 10 foot easement per city standard
requirements.
9. Water acreage frontage and meter charges shall be paid to the City with
credit for 6,000 square feet (0.138 acres) for the existing residence
to be removed.
10. The existing water service(s), if not used; and subject to approval of the
City Engineer, shall be retired. The cost shall be borne by the developer.
11. Park in lieu fees shall be paid in the amount of $1350 ($150 x 9 units).
12. A precise development plan shall be approved by the City Architectural
Review Commission to include building design, landscape plan, trash
enclosure and fencing and signing plan.
13. Conditions, Covenants and Restrictions shall be approved by the City
Attorney and Community Development Director.
CC &Rs shall contain the following provisions:
a) creation of a homeowners association to enforce the CC &Rs and
provide for professional, perpetual maintenance of all land-
scaped areas, water and sewer lines and all building exteriors
in a first class condition;
b) grant to the City of San Luis Obispo the right to maintain common
area and building exteriors, if the homeowners association fails
R 3416
Resolution No. 3416
Tract 668 Page 2
to perform, and assess the homeowners association for expenses
incurred;
c) no parking on the site except in approved designated spaces;
d) grant to the City of San Luis Obispo the right to tow away
vehicles, on a complaint basis, which are parked in unauthorized
places;
e) no outside storage of boats, campers, motorhomes-and trailers,
nor long -term storage of inoperable vehicles
f) no outside storage by individual units except in garages and
enclosed patios.
g) garages shall have automatic door openers.
14. All drainage structures shall be designed to 100 year storm capacity.
15. The boundary corners shall be permanently staked per City standards
so that the boundary may be reestablished.
16. Unit numbering scheme shall be approved by Community Development Director.
17. Walls or fences shall be constructed along Laurel Lane frontage to
provide noise attenuation for adjacent outdoor areas to the standard
specified in the General Plan Noise Element.
18. The project may be served by a master water meter.
On motion of Councilman Petterson seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Petterson, Dunin, Gurnee and Mayor Schwartz
NOES: Councilman Jorgensen
ABSENT: None
the foregoing Resolution was passed and
ATTEST:
City C c J.H. Fitzpatrick
Approved as to form:
Wendt, Mitchell, Sinsheimer,
de la Motee & Lilley
City Attorney
By: Allen Grimes
this 20th day. September 1977.
Approved as to content:
City E er
RESOLUTION NO. 3415 (1917 Series)
A RESOLUTION OF THE COUNCIL OR THE CITY OF SAN
LUIS OBISPO DENYING AN APPEAL BY MEL SMITH OF
A PLANNING COMMISSION DECISION NOT TO GRANT A
USE PERMIT FOR A WAREHOUSE AT 1449 AUTO PARK WAY.
WHEREAS; the Planning Commission by Resolution No. 1092 -77 denied the
issuance of a use permit for a warehouse at 1449 Auto Park Way because it was
inconsistent with the Planned Development C -H zone which limited uses to auto
sales or accessory uses; and
WHEREAS, the applicant Mel Smith appealed the denial to the City Council
on the following grounds,:
(a) The warehouse use was consistent with the adopted General Plan
which calls for.Service Commercial /Light Industrial uses.
(b) The property is not suitable for auto sales because of lack of
exposure, limited space and high land costs; and
WHEREAS, the City Council conducted a public hearing on the appeal
considering testimony for and against the proposed use; and
WHEREAS, the Council determined that the warehouse use is inconsistent
with the Planned Development C -H zoning of the property established at the time
the property was annexed to the City; and
WHEREAS, the Council determined that the property "was.sutable for auto
sales uses because the benefits available from the clustering of complementary
uses (other auto dealers) in a single location compensated for the lack of ;
direct exposure of the subject property; and
WHEREAS, the City Council determined that there were other more suitable
locations for the warehouse use within the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the_ °appeal of Mel Smith is denied.
On motion of -Mayor Schwartz. seconded by Councilman Gurnee -
and on the following roll -call vote:
AYES: Councilmen Gurnee, Jorgensen and Mayor Schwartz
NOES: Councilmen Dunin and Petterson
ABSENT: None.
R 3415
Resolution No. 3415 (1977 Series)
the foregoing Resolution was passed and adopted this 20th day of -September,
1977.
ATTEST:
�' -JW,?�Fitzpatrick
Approved as to. form:
WENDT, MITCHELL, SIN-SHEIMER,
de la MOT.Tt & LILLEY
City Attorney
- Is
By ATlen Grimes
Approved as to content:
by Senior Planner
- 2 -
RESOLUTION NO. 3414 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
JENKS $ HARRISON, INC., CONSULTING ENGINEERS, FOR
STEP II OF FACILITIES PLANNING FOR WASTEWATER
TREATMENT AND DISPOSAL.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Jenks $ Harrison, Inc. for Step II of facilities' planning for wastewater
treatment and disposal, all as set forth in Exhibit "A ",
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: the Director of
Public Services and Jenks $ Harrison, Inc.
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 20th day of September ,
1977.
ATTEST:
e c J.H. Fitzpatrick
R 3414
Approved as to form:
WENDT, MITCHELL, SIN IMER,
de la MOTTE & LILLEYJ
City Attorney
Allen
Approved as to content:
City AdministrativONQ1ficer
Director of Public Services
O
FIRST AMENDMENT TO AGREEMENT
CONSULTING ENGINEERING SERVICES IN CONNECTION WITH
WASTEWATER TREATMENT AND DISPOSAL FACILITIES
This First Amendment to Agreement, made and entered into this 21st
day of September , 19771 by and between the CITY OF SAN LUIS OBISPO, California,
hereinafter referred to as the "CITY ", and JENKS $ HARRISON, INC., (formerly known
as JENKS $ ADAMSON, INC_), Consulting Civil and Sanitary Engineers, Palo Alto,
California, hereinafter referred to as the "ENGINEER"
W I T N E S S E T H
WHEREAS, CITY and ENGINEER entered into an AGREEMENT for Consulting Engineer-
ing Services in Connection with an Improvements Program for CITY's Wastewater Treat-
ment and Disposal Facilities, said AGREEMENT being in the form of an ENGINEER's
Proposal formally accepted by the CITY on March 31, 1975, said accepted Proposal
hereinafter referred to as the "AGREEMENT "; and
WHEREAS, work involved with the Facilities Planning Phase of the AGREEMENT
has been performed and successfully completed as a Part of the Step 1 Grant for
EPA /State Project No. C -06 -1215, and it is now appropriate to proceed with the
Design Phase, or Step II Grant work, on the Improvements to the Wastewater
Treatment and Disposal Facilities project; and
WHEREAS, certain newly promulgated regulations of the Federal and State Clean
Water Grants administrative agencies make it necessary for CITY and ENGINEER to
amend the AGREEMENT in order to be in conformance to those regulations and thus
maintain grant funding eligibility for the facilities project:
NOW THEREFORE, in consideration of their mutual covenants, the parties hereto
agree to amend the AGREEMENT as follows:
A. SERVICES TO BE PROVIDED
ENGINEER shall provide the following services:
1. Perform preliminary review, reconnaissance and investigations to
determine specific scope, requirements and final physical layout of
the approved initial improvements Project.
2. Assist the CITY in the final processing of the applicable Federal
and State Clean Water Grant documents.
3. Design the initial improvements Project, and prepare plans and
specifications for the construction project; furnish two hundred
(200) sets of the reduced plans, bound specifications and contract
documents, and ten (10) sets of prints of the full -size drawings;
deliver the final tracings of the plans to the CITY upon completion
of the work.
4. Assist the CITY in the advertising, bidding and award procedures.
- 1 -
B
C
8
l J
S. Assist the CITY in the applications for, and the securing of, necessary
permits for construction from the governmental agencies having
jurisdiction over such matters.
6. Arrange for, direct and provide site surveys, soils, foundations, and
other special investigations as required for the design of the project.
7. Assist the CITY in the design review processing by the State Water
Resources Control Board (SWRCB).
8. Prepare an Engineer's Estimate of the construction cost of the
project.
9. Furnish a preliminary Operations and Maintenance Manual and a preliminary
Plan of Operation as per the Guidelines and requirements of the EPA and
the SWRCB.
10. Participate in Pre -Bid conferences, respond to bidders' inquiries
regarding plans and specifications during the bidding process, and
prepare and issue Addenda to the Plans and Specifications as may be
required and /or necessary.
11. Assist the CITY in the review and analysis of bids received and in the
preparation and processing of Approval to Award (ATA) documents as
required by the SWRCB.
FEE SCHEDULES
Compensation for the work under this First Amendment to AGREEMENT shall be as
follows:
a. CITY agrees to compensate ENGINEER for the services described herein on
a basis of "Cost Plus a Fixed Fee ", (CPFF) for each work item, including
"Total Estimated Cost ", "Fee ", "Contingency ", and "Total Budget Estimate ",
as set forth below:
Total (1) Total (4)
Description Estimated 2 ) 3 ) Budget
of Work Cost Fee( Contingency( Estimate
Step 2 $157,617 $14,883 $15,700
(Design) $188,200
(1) Actual costs incurred by ENGINEER, described and estimated in
lines 7, 8 and 9 of EPA Form 5700 -41 for each specific Work Item,
attached to this AGREEMENT as "EXHIBIT A".
(2) Fixed dollar amount payable to ENGINEER as profit, as defined in
the EPA regulations, and identified on line 11 of EPA Form 5700 -41
for each specific Project, attached to this AGREEMENT as
"EXHIBIT A".
(3) Amount of allowable actual costs of ENGINEER that may be incurred
and paid in excess of Total Estimated Cost within the scope of work .
contemplated herein.
- 2 -
4
(4) Sum of coiumns (1) , (2), and (3), which is the maximum allowable
compensation for each specific Work Item without an amendment to
this AGREEMENT.
b. As consideration for providing the services for each item, CITY shall
pay ENGINEER the amount of ENGINEER's actual direct labor costs expended,
plus the applicable provisional percentages of direct labor costs set
forth in Section 3., below, of this Article, for Combined Overhead Rate,
plus direct expenses in connection therewith, plus the fixed FEE set
forth above in Section 1. of this Article. Said overhead rates are
provisional and shall apply until modified by amendment to this
AGREEMENT.
The Total Budget Estimate for total compensation for services described
herein for any Project shall not be increased except by amendment thereto.
ENGINEER will advise CITY of the anticipated expenditure of the budgeted
amount at least 30 days prior to such time and request additional budget
authorization. ENGINEER shall cease all services on a work item upon
expenditure of authorized funding if requested additional budget authori-
zation is not granted to complete services.. A copy of the work accom-
plished to such time shall be furnished to CITY if the work is ceased
for the foregoing reason.
C. Provisional Labor Overhead rates and provisional General Overhead rates
are to be combined in conformance to the customary practices of ENGINEER,
and it is hereby agreed that the Combined Overhead Rates shall be 126
percent of direct wages and salaries paid. The Combined Overhead Rate is
defined as those costs to cover all general, administrative, and business
expenses, and all taxes, payments and premiums, such as, but not limited
to, Worker's Compensation Insurance, Social Security, State and Federal
unemployment insurance, disability insurance, medical- hospital insurance.,
pension plans and employee benefit costs, and allowances for vacation,
sick leave and holiday pay. In addition, it is hereby agreed that the
following non - salary costs are also considered as included in the
Combined Overhead Rate:
(a) Rental of non - specialized equipment
(b) Automobile expenses
(c) All communication expenses
(d) Expendable supplies applicable to overhead
(e) Prints and reproductions of materials as may be reasonably
expected during the period of works -in- progress
d. Direct expenses shall include, but not be limited to:
(a) Subconsultants and subcontractors providing special technical
services, including charges for physical tests or measure-
ments, chemicals and bacteriological analyses, as performed
by others..
(b) Identifiable reproduction costs, such as printing reports,
specifications and drawings; photostats; microfilming; and
binding, will be paid for upon submission of invoices.
- 3 -
(c) Rental of specialized equipment, if any.
(d) Travel expenses, if required, outside of a 250 -mile radius
of the work site and if by commercial transport.
All directly chargeable expenses will be billed as invoiced and
an amount for such items as risk and profit is included in the
fixed FEE.
e. Normal payroll rates are for 40 hours per week. Direct labor costs for
non - professional staff will be at an overtime rate of 150 percent of
regular rate for all work in excess of 40 hours per week. Direct labor
costs for profesional staff will be at regular rate for overtime.
Payment for direct labor will be made at the current applicable rates
actually paid the employee for the time charged to the Project multiplied
by the applicable Overhead Cost Rate. ENGINEER shall, at its sole
discretion, determine the need to utilize overtime work in order to meet
project schedules and /or to conform to the construction contractor's
scheduling and activities.
f. Progress payments will be made monthly or bi- monthly by CITY on approval
by CITY's respresentative of itemized statements from ENGINEER contain-
ing a description of personnel charges, project job expenses and pro-
rated portion of the fixed FEE. Such progress payments shall be for the
approved statement amount, without retention.
C. REQUIRED FEDERAL PROVISIONS
The AGREEMENT and Amendments thereto are funded in part by a grant from the
U. S. Environmental Protection Agency (EPA). Neither the United States nor
the EPA is a party to the AGREEMENT or Amendments thereto.
a) This Amendment to AGREEMENT is subject to federal regulations contained
in 40 CFR 35.936, 35.937 and 35.939.
b) The CITY and ENGINEER agree that'the "Required Provisions - Consulting
Engineering Agreements ", EPA designated "Appendix C -1" (December 29,
1976) attached to this AGREEMENT as "EXHIBIT B", shall, except as
specifically modified herein, apply to the work to be performed - under - --
this Amendment to AGREEMENT.
c) It is mutually agreed that disputes, if not settled between CITY and
ENGINEER, shall be submitted to a court of competent jurisdiction,
unless both parties agree to arbitration.
D. PROSECUTION OF THE WORK; TIME OF COMPLETION
1. CITY and ENGINEER agree that time is of the essence in the performance
of work under this Amendment.
2. ENGINEER will deliver, for review, biddable contract documents (plans
and specifications) to the SWRCB staff on or before the expiration of
ten (10) months from the date that the ENGINEER receives authorization
to proceed from the CITY.
- 4 -
C
3. ENGINEER will proceed with and complete the remaining portions of all items
of work listed under Article A of this Amendment in a timely and expeditious
manner as soon as.ENGINEER and /or CITY receives responses and /or SWRCB
approval of the submitted contract documents.
4. Neither party shall hold the other
performance caused by Acts of God,
events beyond other's control. It
cannot control include, but are no
information by governmental agenci
sions of technical data and regula
agencies, delays occasioned by act
hearings, and failure of the CITY
offers or any proceed therefrom.
responsible for damages or delay in
strikes, lock -outs, accidents, or other
is agreed that events which ENGINEER
limited to, furnishing of data and.
s and private parties, review of submis-
ory information by the SWRCB and other
ons resulting from public protests and /or
o receive Federal and /or State grant
IN WITNESS WHEREOF, CITY and ENGINEER have executed this first Amendment to
AGREEMENT the day and year first above written.
Ap
City Attorney
- 5 -
OF SAN LUIS OBI
, Mayor
)XAzfftraicF,�City Clerk
JENKS $ HARRISON, INC.
P ident
9?
Executive Vice President /Secretary
Approved as to content:
City Administrative Nicer
2, � � �%%1e
Director of Public Services
COST OR PRICE SUMMARY FO.--.,AT FOR SUBAGREEMENTS UNDER U.`�. -PA GRANTS
(See accompanying instructions before completing this form)
I Form Approved
0.418 No. 158 -RO144
PARTI- GENERAL
1. GRANTEE
CITY OF SAN LUIS OBISPO
2. GRANT NUMBER
C -06 -1215
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
JENKS & HARRISON (Consulting Engineers)
4. DATE OF PROPOSAL
September 9, 1977
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code)
Jenks & Harrison
543 Byron Street
Palo AltO, CA 94301
6. TYPE OF SERVICE TO BE FURNISHED
Engineering Design (Step 2) Services
for Wastewater Treatment & Disposal
Facilities.
PART II -COST SUMMARY
7. DIRECT LABOR (Specify labor categories)
ESTI- I
MATED
HOURS
HOURLY
RATE
ESTIMATED
COST
TOTALS
Is
S
From Attached Worksheets
519910-
DIRECT LABOR TOTAL:
S S1 910-
S. INDIRECT COSTS (Specify indirect cost pools)
RATE
x BASE =
ESTIMATED
COST
,
S
S
_
Factored Combined Overhead Rate
1.26
50,910
65,407-
INDIRECT COSTS TOTAL:
$ , —
9. OTHER DIRECT COSTS
a. TRAVEL
(Included in combined oThead factor, no extra costs
ESTIMATED
cos
(I) TRANSPORTATION anticipated; except for possible long
(2) PEA DIEM distance travel, from contingency only )
S
TRAVEL SUBTOTAL:
S
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATED
COST _
Included in combined o'head rate;j
Is
S
no extra costs unless special equipmenj
is
required as project eve ops, ro
con
ngency on
EQUIPMENT SUBTOTAL:
-
C. SUBCONTRACTS
ESTIMATED
COST
Structural Eng'g Kenneth H.C.Yuen, Minority Owned
$ 6,500 -
Soils & Foundation to be negotiate
81800-
Electrical Eng'g to be negotiated
73800-
SUBCONTRACTSSUBTOTAL: I I
S
d. OTHER (Specify categories) Subcontracts, continued.
ESTIMATED
COST
Mechanical Englg Consult. to be negotiated
S 2,800 -
401300-
Surveys and Miscellaneous Consults (Safety ,Noise,etc
73800 -
Add: Printing: $6,600— OTHER SUBTOTAL:
e. :OTHER DIRECT COSTS TOTAL:
$ 40.300 -
I •;S
'
10. TOTAL ESTIMATED COST
S 1571617-
11. PROFIT Profit & Margin = Fee Fixed Fee
14 883-
72. TOTAL PRICE
1722500—
EPA Form 5700 -41 (2 -76) Contingency on Cost 152 /UU-
EXH TOTAL BUDGET ESTIMATE 1883200-
F,.:m Approvr d
O)%IR No. 15E- 1?0144
PART III -PRICE SUMMARY
13 COMPETITOR'S CATALOG LIS`MNGS, IN -HOUSE ESTIMATES, PRIOR QUOTES — MARKET PROPOSED "
(Indicate basis for price comparison) PRICE(S) PRICE
See Attached Worksheets.
b
PART IV- CERTIFICATIONS
14. CONTRACTOR
14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
YES 0 NO (71 "Yes" give name address and telephone number of reviewing office)
State Controller's Representative, Mr. Ralph Peterson of the Division of
Audits reviewed the final project audit on Project No. c -06 -0656, Nov. 1976
14b THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
41 CFR 1 -15 -4
14c.
This proposal is submitted for use in connection with and in response to (1) Continuation of Engineering
Services on this clean water grants project.
. This is to certify to the best of my knowledge
and belief that the cost and pricing data summarized herein are complete, current, and accurate as of
(2). 9/77 project thru 7/78 and that a financial management capability exists to fully and accu-
rately account for the financial transactions under this project. I further certify that I understand that the
subagreement price may be subject to downward renegotiation and /or recoupment where the above cost and
pricing data have been determined, as a result of audit; not to have been complete, urrent and accurate as
of the date above.
(3) Septeinber 9, 1977
DATE OF EXECUTION 51 ATU E OF PROPOSER
Blaine 7. Harrison
Executuve Vice President
TITLE OF PROPOSER
14. GPANTEE REVIEWER
I certify that I have reviewed the cost /price summary set forth herein and the proposed costs /price appear
acceptable for sllbngreement award.
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
16. EPA REVIEWER (7f applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Form 5700 -41 (2 -76) PAGE 2 OF 5
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EXHIBIT "A" (CONTIN)
SUPPLEMENTAL INFORI1ATIOC' CONNECTION WITH SUBMITTAL OF RMS 5700 -41
BASIS OF PRICE ESTIMATE COMPONENTS:
General
The bookkeeping, accounting, and cost assignment methods employed by the firm are
periodically reviewed by independent accountants (currently, Arthur Young & Co.)
for acceptability in accordance with Federal Procurement Regulations and EPA policy.
Direct Labor
All hours worked by all personnel are charged directly to assigned job numbers,
either for productive work on projects or for overhead and administrative accounts.
Time cards, recapitulation sheets, and individual job cost sheets are kept current
and provide for easily traceable entries for all projects and overhead accounts.
The firm is a Corporation, and all wages and salaries are established by determi-
nations of professional /technical competence, abilities, experience and responsi-
bilities. Charges for wage earners, or hourly employees, are based on current paid
rates. Staff Engineers who are compensated on a fixed monthly salary, are charged
on an equivalent hourly basis. Senior Engineers and Principal Engineers are compen-
sated by fixed annual salary, and for charging purposes, the equivalent rates are -
computed by dividing the total annual base salary by the total number of hours
worked in the most.recently completed fiscal year (unlimited maximum; 2,080 hrs.
minimum). Profits are not included..as a part of any employee's wages or salary.
Wage earners are compensated for overtime work at 1.5 times the regular hourly
rate. Staff Engineers on fixed monthly salary are compensated for overtime work at
"strait time ", or equivalent - regular rate. Senior-Engineers-and Principal Engineers
are not charged against any project as overtime, inasmuch as. their annual fixed
salary is unaffected by total hours worked (see above). Overtime estimates on a
particular project are identified by premium charges in worksheets enclosed with
Form 5700 -41.
Indirect Costs (Combined Overhead)
With the exception of Direct Labor, above, and Outside Services, all allowable expen-
ses are pooled into a single "combined overhead" compilation which is converted to
-a Factor determined by ratio to the Direct Labor cost base. The combined overhead
includes both salary related overhead items such as employee vacation, sick leave,
etc., as well as general business and professional expenses, all as itemized by
journal entry. The current combined overhead factor being utilized on job price
estimates is based on the factor determined upon the most recently closed.corporate
fiscal year (June 30, 1977): The factor is 1.26
Other Direct Costs
The only direct costs, other than direct labor charges, that are charged to projects
are specific charges for outside services such as subcontractual professional ser-
vices and printing services for reports, manuals, plans and specifications. Other
items such as travel, telephone, prints of works -in- progress, etc., are not charged
directly to the project; they are all included in the combined overhead factor, as
indirect costs.
Cost Estimating for Engineering Services
In the determination of estimated costs and /or fee structures for work involved in
the clean water grants program, experience in the program provides the company with
a sound basis. Engineering effort and manpower requirements are.estimated from com-
parison of previous similar projects and with adjustments which take into considera-
tion complexities and specializations unique to the project as well as current regu-
latory requirements. EPA /State projects that are frequently used -in engineering
effort comparisons are: C -06 -0522; c -06 -0596; C -06 -0656; C -06 -0756; C -06 -0762;
C -06 -0950; C -06 -0953; C -06 -1076; C -06 -1159 series; C -06 -1114.
EXHIBIT "A" (CONTIN) caw EN I HARRS
CONSULTING QYON
6 CIVIL ENGINEERS
FROM PROJECT REPORT (And as per concept approval
IX. APPARENT BEST ALTERNATIVE PROJECT
A. INTRODUCTION
8/30177 515 JEN)
The studies summarized hereinbefore have served as the basis upon which the apparent best
alternative project to meet the wastewater treatment, disposal and reclamation needs of the City of
San Luis Obispo have been determined.
Of special note is the fact that while leaving open the option to extend the proposed project
to include partial Laguna Lake disposal, the treatment facilities constituting the essential elements
of the proposed project remain substantially the same in any case. The only area of uncertainty is
in respect to the flocculation and clarification stage.
The purpose of the information provided in this Chapter then has. been to describe the pro-
posed wastewater treatment facility improvement project in detail, together with estimates of costs
and a program for project imp] ementation,.financing and operation.
B. DESCRIPTION
The proposed project constituting the apparent best alternative consists essentially of the
following basic elements:
• Flow equalization ponds f
• Biologic tower i
• Coagulation and filtration -
• Dechlorination
• Effluent aeration
• Additional standby power & sludge gas power generation
• Sludge thickeners
o Control building expansion
O Effluent pumping p ant & force main to
O Miscellaneous improvements
Lake (later project element)
t
D r' .
JiP�Ds1es an
The proposed treatment plant improvements in relationship to existing plant facilities are
shown graphically in Fig. IX -1.
Flow Equalization Ponds
Functionally, the flow equalization pond facilities will involve construction of an overflow
weir structure which will afford means whereby incoming flow rates in excess of 10 mgd will auto -
matically bypass directly to the 2.4 acre pond with gravity flow. The equalization pond at capacity
would be 4 ft. in depth thus providing about 3 mg storage to meet the design needs as established
in the report reproduced in Appendix C. A 7 -1/2 H.P., 2,700 gpm capacity return pump will be
provided and constructed within the overflow weir structure. The unit will have variable speed
characteristics to provide needed flexibility for stored flow return to the incoming wastewater line
during periods of reduced flow rates.
IX -1
EXHIBIT "A" (CONCLUDED)
I
;ZL,,A AND REGULATIONS`
Arrrn-nix C-1
RYOVMM PROf"s!Or:s__cO15Ct:ZVa
IN LINPL17nN a .. AcR=W.Z.1._6
1. General.
2. Respons!blllty of the engineer.
3. Scope of work.
4. Changes. '
5. - Terminatlon. _
8. Remedles.
. ?. Payment.
S. Project design.
9.. Audit: accc,s to records.
10. Price reduction for defective cost
pricing data.
11. Subcontracts. '
12. Labor standards.
13. Equal employment opportunity.
14. Utilization of small o: minority b
ness.
15. Covenant against contingent fees. -
16. Gratuities.
17. Patents.
18. Copyrlgbts and rights in data.
1. CENTRAL
or
usf-
(a) The Owner and the Engineer area
that the following provisions shall apply to
the EPA grant- cll, -Ible work to be performed
under this agreement and that such pro -
vlslon. - shall suprrvrdc an7 contacting pro-
visions of this agreement..
(b) The work under this agreement is
funded in part by a grant from the U.S. En-
vironmental Protection A;ency. Ne!thcr the
United Stasis nor the U.S. Environmental
Protection Agency (hereinafter. "EPA ") IS a
party: to this agreement. This agreement
which covers grant - eligible work is subject
to regulations contained In 40 CM 35.936,
35.937. and 35.939 in e. ^toot on the date of
execution of this ngrecr.:cnt.. As used In these
clauses, the words ..the date Of execution of
this agreement" mean the date of execution
of this agreement and any subsequent
mOd!flcatlon of the terms. compensation or
scope of ecryiccs pertlacnt to unperformcd
work.
(c) The rights and rcmcdlcs of the". per
provided for to these clauses are in addition
to any other rights and remtdles provided
by law or under this agreement.
2. REsro.Nstn=Y or Tim Er :czriE=
(n) The Engineer shall"be responsible for
the professional quality, technical aceurac7,
tlmely. cornp:etlon. and the coordination of
all designs. drawings. speci.^.cat!ors, reports.
and other services f urnished t,,,, the Ent,:ncer
under this agreement. The E noineer shall.
without additional compensation, correct or
revise env a ^ors. omissions or other defic!en-
cles in his desl,ns, drawings, sperl. ^.cations.
reports and ether services.
(b) Tl:e Engineer shall perform such pro -
fess!cnal services as mar be necessary to ac-
compl:sli the work required to be per'a.med
under this agreement, In accordance w-Ith
this agreement and applicable EPA requlre-
ments In c. °ect on the date of execution of
this ngreenient.
(c) Approval by the Owner or EPA of
drawings, designs, specl:icatlons, reports. anti
incidental engineering work or materlals fur-
ntshed hereunder shall not In any Gay re-
lleve the Engineer of respors!bll!ty for the
technical adequacy of his work. 9eitlacr the
Owner's nor EPA's review, approval or ac-
ceptance of, nor payment for, any of the se:y-
Ices shall be construed to operate as a waver
of any rights under this agreement or of any
cause of action a.!ning out of the perform-
ance of this agreement.
(d) The Engineer shall be and remain ]t-
able In accordance with applicable Irv: for
all damages to the Owner or EPA caused by
the Engineer's negligent performance of any
of the services furnished under this agree-
ment, except for errors. omissions o. other
deticlenctes to the extent ittri L-utable to the
Owner. Owner- furn!shed data or any third
party. The Engineer shall not be responsible
for any time delays in the projee. cit5cd by
clrcum ;tonnes beyond the Engineer's control.
Where new or advanced processes. methods or
technology (see 40 C1731 35.908) are recom-
mended by the Engineer and are utlNtzed. the
Engineer shall be liable only for gran negll-
genee to the extent of such utu!uatlon.
3. SCOPE OP P:ORr-
The cervices to be rendered by the Engineer
shall Include all services required to com-
plete the tasa or Step In accordance with ap-
plicable EPA regulations (40 CFP- Part 35,
Subpart E.1n effect on the date of execution
of this agreement) to the extent of the scope
of work as dcflned and set out in the engl-
neering services agreement to which these
provisions are attached.
4, Cxnncis
(a) The Owner may, at any time, by writ-
ten order, make changes within the general
scope of '11 :s agreement In the se rvices or
work to be performed. If such changes cause
an Increase or decrease in the Eno neer's
cost of. or time required for, performance of
any ter.-Ices tinder this agreement, whether
or not ct:ar.ged by any order.-an equltable
adjustment shall be made and this agree-
ment shall be moc1Mcd in writing accord -
tngly. Any claim of the Enp necr for adjust -
ment•under this clause must be asserted in
writin., within 30 days from the date of re-
celpt by the En(-incer of the notincaticn of
charge unless the Owner grants a further
period Of t!me before the date o1 tinal pay-
ment under this agmemcnt.
FEDERAL REGISTER, VOL 41, NO. 251— WEDNESDAY, DECEMBER 29, 1976
"EXHIBIT B"
(b) ifo services for which un additional
con,pcnsatlon will bo cha:gid by t' :O Erg-t-
ltecr shall be furnished t:.thout the written
au:hori•nt•on of •.tc Owner.
(c) In tl:o event that tbcr0 is It nt,�JL'lca-
tion of EPA rcquL- :: -.ruts relating to the
elcrvlccs to be Performed under this acree-
mcrt eubeequ01it to the date or execution of
this ognemetit. the, Increr-sed or decremcd
cos!. of performance of the sr -ices pro:•lded
for in this agreement shall be reflected In an
appropriate modiacatlon of this agreement.
5. Tea u:xnnoN
(a) Tills agreement may be terminated In
whole or In part in writiag by either party in
the event of substantial fal:ure by the other
party to fulfill its obl.,atlors under this
agreement though no fault or the t.c:rnlnat-
Ing party: Provided, That no such termina-
tion may he elected unless the other party
Is given (1) not less than tcn (10) calendar
days tt'rltten notice (delivered by cc.-:15id
map, :ilium receipt requested) of talent to
tetm:rato and (2) an onpe:tnrlt7 for con-
sultation wah the te::nmaVrg Party prior
to LcrmL^atlon.
(b) ThLn agreement may be terminated in
whole or in par•. in writing by the Owner
for Its convenlencec PTOridcd. That .Stich
termination Is for good cause (such as for
legal or financial reasons, major changes in
tbo work or prograni requirements, initiation
Of a new Step) and that the Engineer's given
(1) not less than ten (10) cniendar days
written notice (delivered by certified mad,
return receipt requested) of intent to te:mt-
nate and (2) an uppertt:nity for consulta-
tion with the term :natl. ^.g party prior to
termination.
(e) If ter m!nation for default Ls effected
by tho Owner. an equitable adjustment In
tho price provided for In the a ^eement shall
be made. but ( 1) no a =aunt shall be allowed
for anticipaied prom on unperformed serv-
ices or other work, and ( ?) any Payment due
to the E.. ^.gineer at the tlme of te — 'nat!on
may be adjua'ed to the extent of any addi-
tional costs occasioned to the O:vnor by rea-
son of the Eag:ncer's default. If te:m`_n, :ton
for default s effected by the L^: g :veer. or. If
termination for conver!ence is cheated by
tho Owner, the Multable adjustment shall
include a r.sonable profit for services or
other wo.k performed. The equ:tablo ad3tl3t-
ment for any termination shall provide for
payment to the En^Inee: for services ren-
dered and experses !n --=Ld prior to the
termination, is addltlon to teaiaaaon set -
t!cment seas rcc^ nably tn=: od by the Etl-
rineer relating to covn_.!tments which had
becomo firm prior to the to mnation.
(d) Upon receipt of a te^:!rstlon action
pursuant to paragraphs (a) or (b) above, the
E:ndmecr shall (1) promptly d:>cont:nue all
services'aflected (unless the notice di.^ects
otherwise),and (2) dcilver oro- hcrW`! -sO make
available to the owner all data. drawings.
spcclacatlo % :, reports. csttaistes, s=nmaries,
and such other in!ormation and 111.3.te, =15 as
mac have brcn accumu:ated by the Ene veer
In perlo-nirg tills ag.ce, --ent, nhet :ur com-
pleuid or in process.
(e) Upon to. mination pursuant to para-
graphs (a) or (b) above. the Owner may tsl:e
over the work and p :osecute Ito sanio to
completion by a-- . .cement with another, party
or othervnre. Anv work taken over by the
Owner for completion viii be cuntple:id at
the Owner's risk. and the Vv: ncr will !:o!d
hartu'.es; the Ec.lncer from all cla!nls and
dantn(tr aasing out of Improper use of the
Fngliieer•& work.
(f) jr. alter tcrminat.len for falhi:e of the
En,- ,.nest to fulfill cant-Mctual oblicatlor3. It
Ls determined :hat the Engineer had nob eo
fauN, tiro termination 61,411 be decined to
RULES AND REGULATIONS ' : GG3�7.•
havo been chested for the convenience or the
Owner. In such event, nd)us'ment of the
pneo Provided for in =a arnemcnt &ball be
mride as provided In P3nrraPb (e) of thLt
clause.
G. nESn:Drrn
Except as may be otherwise prcrlded In
tbis cgreement, all clalr^v^ counter - claims,
di.—It ute-s and otter [natters In qutv :ton be-
tr:ccn the Owner and the 1=:glnecr arlsng
out of or relating tp this agreement cr the
breach thereof will be dccvtt. by arbitration
If the parties hereto mutually ag7ee, or In a
court of competent jurLtidfction within Lhe
State In which the Owner is lomted.
7. PAYMENT
(a) Payment shall be made In accordance
with the payment schedule Incorporated In
this agreement as soon as practicable upon
submission of statements requesting pay -
mcut by the £nyiueer to the Owner. If no
such payment schedule Is Incorporated In
this ngrecment, tho payment provisions of
paragraph (b) of this clause shall apply.
(b) biro ::!:!y progress, pavmen_s may be re-
quested by the Er. -,inccr and shall to made
by the O:'ner to the Errolucer as soon as prac-
ticable upon submission of statements re-
questing paimicat by tL•c Engineer to the
O•xner. ""hen such Progress pc;ments pro
made, the Owner may withhold up to tea
percent of tl:e vouchered amount until sat-
):;factory completion by the Engineer of work
and services within a S1.eP called for under
this azieement. %Vhon the Owner deto:mincs
that the wort: under th's egreement or any
specifcd task, hereunder is substznttailv
complete and that the amount of retained
percentages ,[s !a excess of the amount con-
sidered by ium to be adequate for the pro-
tection of the Owner• he slia!l release to the
Engineer such excesss amount.
(c) No paymcut request made Pursuant to
para -nr)h (a) or (b) of this claitso shall
exceed the estimated amount and value of
the wor> and services performed by the En-
rinecr under this agreement, which esti-
mates sL•r.tl be prepared by the Engineer and
supplemented or acrompanled by such sup -
perting dsta as may be required by the
O;rncr.
(d) Upon satsf,ctory completion of the
work performed hereunder, and prior to f nvt
payment undo: this ao cement for ouch
work, or prior fetticmcnt upon termination
of the a; : =nent, and as a condltlOh prec-
ede--' t eTto, the Engineer shall execute
and deliver to the Owzar a release o: a:5.
claims a7ainst the Owner arising under or by
virtue or this agreement. Other than such
claims, if any, as may be specllically ex-
empted by the Emmnce. from the op eratioa
of the reie3.e in stated amounts to be set
fort 11 Lheretlt.
8. Paoircr DESIGN
(a* In the perfo.r,=uce of this agreement.
the Engineer shall. to the extent Practicable.
provide for maximum use of structures, mh-
ehinrs, products, materla!s, torstructiOu
methods. and Mlutpment w'bich are readily
available tarourh competitive procurement,
or through standard or proven production
tec;:nirlues, methods, and processes. consist -
cat with 40 C•FR 35930 -3 and 35.933 -13 in
erect oa the d'ite of execution of this agrce-
ment, exr ^pL W tine extent that advauccd
tecnno:v ^7 may be uttl!ud pursuant to 90
CM 35-938 in effect on L,c date Of ct :ecutton
of this a;reentent.
(b) The Engineer shall not. In the per -
fomian:e of t::e work called for by this
tt,,mc•.^ea :. produce a design or specihcattoa
suclr as to require tho use of structures.
machlncs. r' rod•. :ct , mi- xrlals, co : :st7uC1iOn
metbodt, cgtdpnu•nt, or- pracecses w'lilcn are
Y.now•n by the F.nrin— to be ayallab :e only
from a :ale source, u:=% Ruch une ha+ bcrt
adequately jrsstlned In w7ltlrx;, by the r,ci-
necr.
(e) Tile Engineer &;tall not, in the Per -
fo.==e of tho wrk call-4 for by this
a_'- recmLnt, produce a design or sae:iamnon
which could be restitctivo in nolst!on O2
Sec. 2(Wz) (G) of the Ftderul Wale: Pollu-
tloa Control Act (PL 02- ;.00). This s:atQte
requires that no speclfication for bids or
stnl.ement of :work shall be written in such
a manner as to contain prr.priet.%r . exclu-
sionary. or discrlmfnat�ry requirementA other
than tt e tared upon perior==;nio, u -mess
such requirements are necessary to tost or
demons ate a speci5c thing, or to provide
for necensary intercha:�brlblllty of pars aad
equip Went, or at least two brand names or
t: ads -_antes of cot.,, ablo quality or uti:lty
are 1!sted and are followed by Me wb:us "or
equal." With regard to ma:arinls. If a sin ;le
material Is npeci:.ed. the £rl_rizeer mutt be
prepz e,d to substantlato tho banns for tnr
selection of the material.
(d) The Engineer stall report to the Owner
any :J!e- x0 : :.•:.0 or rostriertve desl;n er spee-
incatioa Cl-ing the reason o: reaVns why
it is co _Udored ncce>zory to restrict the
design or speci5mtion.
(e) The Engineer shall not kno7'� ;ly spec-
Ify or approve the perfor:nanco of cork at
a facility which s In violet {:n of Clean Air
or Water standards and which is by the
Direcco- of the c^TA OMce of Federal Activi-
tics prtrsusnt to 40 CFR Part 15.
9. AnOrr: Accrss ro REconas
(al Tae Engineer shrill mair.7sin boo:: -..
records. cocuments aad other ev:•:tnae dt-
rectly pc:tireat to performance on F. A
&ran; work under LSs a„rccment in accard-
once with generally aceeptod account:=;
Principles and practices co- _s1=.en-.17 anpced.
and GO CFP, 30.605. 3O 805, and 35.935 -7 ::t
ef:ec: on the date of execution of !-Is afir('> -
ment. •:.e En4inear sha•1 also *t^. inta!n the
;a :cial.iaforrtat :oa
and data u.5e:! b7 the
Engineer in the P- cparat:on or suppo -t e:
the cost subm:_sslon require' pu:s:i.t to +0
CF:: 35.937 -Gtb) in etle• t ..n =e date Of
execution of this agreement and a copy o:
the cmt summary sub ^_trod to the OwrCv.
The United States EtI71ro_, al P:ntect:oa
Agcacy. the Comptroll;r GcaeZ of the
United States, the Ualicd Sta'w, ir.par: _
of Labor, Owner. and (tbe Slat,.' ware.^ po :lu-
t :on control agancvl or any of ttc:r du:7
autho.ized ep e_sen'stives 5`ull: have uccc_ -s
to &tine boot_,. records. do:umc's aad O:hcr
cadence for the Purpose of t`speiron. aumt
and ccpy-mg. The En;veer w•111 prOV:ee P-:','-
C- facilities I :.such access -t.n :spec Una.
(bl The I•:rcer a=ces t0 L-c:uc-! P=a-
apbs ta) t 1�OUgb (el o: this v^_ nil
his contract_• anG ell tier is e"
rectly related to protect peno:aNess Wilt :b
are to excess of Itic.$)0.
(C) Aud!ts conducted pu- elan: to tilts :-�-
visicn !hall be In accord, :ice tvt:a crno.alir
accepted auditing btanda:'is ar:d e >t :.bra L•eY
procedures and gu!d0incs el ti: r :rr'•`a,
or audit ag,ency(les).
(d) The Engineer agrcca to the. d! ,..ao:t•re
Of al! Ln:ormst:on and re'v::> its'. : : : : :.� :: o•a
access to molds Pursuant to P1ra E'=plt` ,at
and (b) above. to any d U:' s;enc to. IY_
ferreti to m para,raph (1) nu:,vc, p:v:i•! ^1
that its Engineer N aL•o:drd the O;.porrun. :y
for an audit cart cnnf ctr ::co and sn opportu•
nity to comment and sub_•ut any s!7i-ttuz
clec nine ::2at4Oa or. the pcfl :Ilvat M. -: :Ong of
tho e_'t audit rep[ o- and that the f-MA
Rude: cape:: n1ll Include wilt :cn
of rc_�rsb :c lcc;,^_i. if any. o: ...= T�:gL1Cr :.
(e) records under learn ;7rnP1L< 111 andv(b)
above >':all be maiutaincd and :":do
EEDIRAI REGISTER, VOL 41, NO. 251- 1YEDNESDAY, DECEMBER 29, 1976
5G633 -
ablo dt::t:.g per' n on PA ^art cork
tender this a;:cetnent and until t`: 1. Year
from date of .^.real r ?A (;. runt pa,;ment to- the
project. a add!t!on. those records whfcl. re-
late to a =y "Dispute" appeal under an F::'A
grant ngreement, o: llt!Satlon, or the settle-
ment of c'.a: a. -islhg out of such perform-
ance, Cr costs or iters to which an audit
exception has been taken. shall be maln-
trtfSed szd node available u. ^.t11 three years
after the dato of resolution of such appeal,
1ltlgat!Cn, claim or exccpticn.
10. psurs P.EOnc—oN ms. Dc-ECrrvE Cosy OR
PRICING DATA
(This clause is epp_CC21le.tf the amount of
this egreercnr CSCcCL S %00,000.1
(a) If the Owmcc or EPA determines that
any- price: loclud:n; p:ofit, ne;;ot:ated in
eonnec :toa with this a- cement or any cast
relrbussble under this agreement was 1n-
stressed ty anv s'. - :hc -t s:=s becauSe the
Eng :I.eer or any subco ^. vac :or f'u:n',ae'I In-
complete Or -- accurate cost or pnctrg data
or de ta. not current as cer-.l2cd in his ccrt:.I-
eatlon of Current east or p-:cing data (EPA
Form 5700 -41), then suca price or Cost 0,
pro9t _.all be reduced ecco:d:ngly and the
agreemert stall be modl`ed In witting to re-
PLCt ruck reduction.
(b) Fa!:u.e to a„^-ee on a reduction shall
be subject to the Fw edles clause of thls
agreement.
(l:OTC_Since the cg7cement is s-ab,cct to
reduc :tun under !his Clouse by rccsen of de-
feclire cost or pricing data submi :ted in con-
nee-ton. :cf :h cerrcir. slbcbnrrc.c's,the Engi-
neer Incy tbish t0 tncI::de a clause in each
atreh subcor.trccr req_iring the s_bconfrec:Or
to eppropria:eiy irde ^nify the Engineer. It
U CLIO erpeet ^d :het erzy subcontractor sub -
feet to r,ch fret.mni -ra :ion. :ill gcnercl :y
require rl Csfcn: _ -try 3177:42ar finder :ai�9r tiorz
for eelec -rc cos! or rrlctng data required to
be s- ut'rnit:cd by his id-.cer rice aubc0a :rcc-
tars
.)
11. Scaroti -aACrs
(a) Any subcontractors and outside asso-
elates or consultants required by the Engi-
neer In connection with the services cowered
by this cg.eemen-t crll be limited to such
lnIIividvas or -:1.:.s as were speclfica!(Y
Idet.•IL_ed a^d*nrreed to during rcgot :stlors.
or as are epecL^.oL'y authorized by the Owner
du.--=,g the perto ^ance of this r.L7ccment.
Any substautlO=.s in or additions to such
cubcoatrxto.5. e_s oc!"tes. or tcnsu! tans
will be subject to the prior approval of the
Owner.
(b) The EYvineer Iraq not subcontract
services in excess of thirty percent (or -------
percent. if the 0-ner and the Engtnecr
hereby agree) of the eon'. act pr:ee to sub -
cont^actors or - consultants _ without prior
written approval of the O=-en
12. LABOR STAA'DARDS
To the extent that this agreement involves
°eo- stractlon" (as defined by the Secretary
of I_tbor), the Engineer agrees that such
eors=,lctlon wort: Lnal) be subject to the fol-
loxi g labor standards provisions. to the
extent applicab:e:
(a) Davls- llacon.Act (40 U.S.C. 276a =_ 6a-
7):
(b) Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 =333):
(c) Copeland Anti- Kickback Act (18 US.C.
8741; and
(d) Executive Order 11246 (Egral Employ-
ment Opportunity);
find Smp:c ^enting rules• regulat:oas. and
relevant orders of the Secretary of Labor or
EPA: and the T_nVr,eer further agrees that
tntf agreement shall include and be subject -the the ''Labor Standards Proylsiors for Fed-
erally A.sslstcd COnStrUCtlon Contracts" (EPA
Fc -:n 5720 -41 in c. ^CCt at the'L' ^e of Cxecu-
tion of this ngreement.
13. EOL'.�L EMPLOYMENT. OFF'O'.TUNITY
In nccordance wittl EPA policy rs expressed
In 40 CFR 30,1 20 -5. the EnSinter ao:ccs that
he will not dlscrlminate against any em-
ployee or applicant for employment because
of race, rellglon. color, sex, age or national
oz1gL�.
14. UTULtATION OF SMALL AND TIINORITY
BUSINESS
In accordance with EPA policy as expressed
In 40 CFR 35..436 -7• the Engineer anlees that
qualified small business and minority bwl -.
ness entCrpnses shall have the maximum
practicable opportunity to partle!pate In the
performance of EPA grant _ assstcd contracts
and subcontracts. '
15. Covr.VA.% Ac.1 ::ST cc: ;TINGE.'T FYE9
The Englnocr warrants that no pctl�on or
set:!ng agency has been cmp:t;yed or retained
to solicit or ccci c this contract upon an
a^:cement or understanding for a co_ =is-
s!on. percentage• brokerage• or contingent
fee :excepting bona fide employees. For breach
or violation of this warrant- the Owner shall
have the rlabt to annul this agreement with -
out 1!abLl!ty or In Its discretion to deduct
from the contract .. p,-lce or corSide :atlon, cr
otherwise recover• the full amount of such
cemnvssion., percentage• brokerage, or Con-
tingent fee.
16. GRATU TIES
(a) If It is found• after notice and hearing.
by the Owner that Fratuules (In the form of
ente.ainaient. gifts.. or othen:Ise) were
o:'ered or given by the Englncer, or any agent
or representative oI the Engtrcer, to any
O -c!al, employee or cecnt of the Owner• of
the State, or of EPA crab a view: toward se-
curing a contrrct or sccurL ^.g fx-cratle trcct-
meat with respect to t'.1e awarding or amend -
Ing, or the .:raking of any dete:minatlons
with respect to the performance of this agree -
mc nt, the Owner may. by wTltten notice to
the Engineer. terminate the right of the
Engineer to proceed tinder this agreement or
-:av pursue such other rights and remedles'
provided by law o: under this agreement:
Provided, That the existence of the facts
upon which the Omer makes such findings
shsll be in Issue and may be rcv!ewed in pro-
ceedings pu!suant to the P.emcd:es clause Of
this agreement.
(b) In the event this agreement is terml-
nated as provided In pa:s,reph (a) hereof.
the Owner shall be entitled (1) to pursue
the same remedies n^a!nst the )- grocer m It
could pursue in the event of a breach of the
contract by the E.n.lneer, and (2) as a pen-
alty in addition to any other damnges to
which It mac be entitled by law• to
exemplary damages In an amount (as ifeter-
Trined by the Owner) which shall be not
lees than three nor more than ten times the
costs Incurred by the F.nctncer In providing
any, such gratuities to any such oIDcer or
employee.
17. PATEVTs
If the agreement Involves research• derel.
opmental, expo :tnental, or demonstration
work and any discovery or lovention arises
or Is developed In the course of or under this
agreement; such Invention or discovery shall
be subject to the reporting and rights pcovl-
sIons of Subpart D of 40 CFR I'a:t 30. In
cttect on the date of exccuLion of this a;:ree-
ment, Including Appendix A of rald Fart 30.
In such case, tho EnC`eer shall report the
discovery or invention to EPA dlrect17 or
through the Owner. and shall otherwise com-
ply with the Owcer's rctpon;:bll tiles In ac-
cordance with said Subpart D of 40 CFR
fart 30. Ths F--gtneer hereby ngTCO1 that the
Ci_�pcaltlon oI riZlits to lnventtons made
under this agreement shall lit: In accordance
with the terms and coadit!o'L7 Of elcremen-
tioned Appenf',1z 13. The Engineer shall in-
cludo procls!ons apprr.prt rte to eLectuate the
purposes of tl:a condition in all subcontracts
Involving research• dreelopmentul, expert.
mental, or demonstration work.
I8: COPYRIGIITs AND RiGnTs LY DATA
(a) The Eneireer a,-Tecs that any plans,
drawings, d�fgns, specifications, computer
programs (which are subs'.ar :tially paid for
with EPA grant funds)., technical repots.
operatln., manuals. and other work submitted
with a Step 1 Facnit!es Plan or with a -Step 2
or Step 3 grant application or which are
specified to be delivered under this acrec-
atent or which are developed c. produced and
paid for under this nh eement [referred to
In this clause as '• Subject Pats -) are sub -
Ject to the rights in the United States. as set
fcrth in Subpart D of 40 CFR Part 30 cad In
Append-1v C to 40 CFR Part in cP: ect on the
date of execut!on of this agreement. Incl' --d-
1ng the right to use, duplicate and C1sc7ase,
such Subjcct Data. In whole or fa part. In
any manner for any purpose whatsoeye:, and
have others do so. For purpcscs of th!s arti-
cle.. ,grantee" as used in said Appendix C
shall refer to the Ens neer, If the satcrisl 13
copyrlghable, the Engineer may coo -izbt
such, as per Witted by said Apbend:x C, and
subject to the rights in the Government as
set forth in Anpend!x C. brit the Owner and
the Federal Government reserve a rovalty-
frec,- nonexclus :ve. and tlTercnable 1!cen=e :O
coproduce. publish and use such mnter'sls.
In whole or 1n. Dart. and to authorlxe o'ie:s
to do so. The Enptneer shall include pror!-
tlons nprronr!a :e i.o C�P7LU8LC the pL` -D
of this condition in all subcontracts expected
to produce copre.chtatle Subject Data.
(b) All such Subject Data ru-nished by the
En: neer pursuant to this az eement are
Instn:ments of hLS services In respect Of L`.e
nrolect. It is tmderstood that the Encfneer
does not re;:esent such Subject Data 10 be
suitable for reuse on any other protect or for
Anv other pur :lose. Any reuse br :be Owner
without snecitc w-itter. verincat!on or adap-
tation by the Er.:-tneer x111 be at the ::tY. of
the Owner and without liabi! :tr to the E-ng!-
reer. Anc such rer!firation or adap scion
will entitle the Lrg!neer to further c-..Wpen-
sntion at rates to be a.;.ecd upon by tie
Owner and the Engineer.
FEDERAL REGISTER, VOL 41, NO. 251- 1YEDNESDAY, DECEMBER 29, 1976
RESOLUTION NO. 3413 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO RESCINDING PARKING PROHIBI-
TIONS ON PORTIONS OF HIGUERA STREET.
BE IT RESOLVED by the Council of San Luis Obispo as
follows:
Section 1. Parking prohibitions on the southerly side of Higuera
Street beginning at a point 152 feet easterly of the northerly prolongation
of the easterly property line of Osos Street and continuing 20 feet easterly
are hereby rescinded.
On motion of Mayor Schwartz , seconded by Councilman Jorgensen
and on the following roll call vote:
AYES: Councilmen Jorgensen, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
the foregoing Resolution was passed and adopted this 6th day of Sept. ;, 1977.
ATTEST:
POlerc 3.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILtEY
City Attorney
By Allen Grimes
WAP:sgb 8/23/77
Approved as to content:
City Administrative uf< cer
I
i y Eng er
R 3413
L� RESOLUTION NO'. 3412 (1977 SERIES)
city Of' SJUI LUIS OBISPO
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO
LEE M. SCHLOBOHM FOR HIS SERVICE TO THE CITY AND ITS
CITIZENS AS FIRE CHIEF.
WHEREAS, LEE M. SCHLOBOHM was appointed as Fire Chief on February 1,
1957; and
WHEREAS, during his tenure as Fire Chief, he has constantly endeavored
to improve the Fire Department; and
WHEREAS, he has led the department in a reclassification of fire
ratings from Class 6 to Class 3, one of the top ratings in the State of
California; and
WHEREAS, he has guided the development of the Fire Department in
j providing safety for citizens in the expanding City through the construction
of Fire Station No. 3, the enlargement and improvement of the Headquarters
Station and the planning of the soon- to -be- constructed Fire Station No. 4;
and
WHEREAS, he has given the City ample notice of his retirement to
recruit his successor and will participate in the orderly transfer of the
department to the new chief.
NOW, THEREFORE, BE IT RESOLVED that this Council hereby expresses
its gratitude to Lee M. Schlobohm for the services he has performed and
the contributions he has made to the welfare of this City in the development
of an excellent Fire Department.
On motion of Councilman Petterson
and on the following roll call vote:
, seconded by Councilman Dunin
AYES: Councilmen Petterson, Dunin, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
the foregoing Resolution was passed and adopted this 6th
1977.
J "Pi patrick, City Clerk
day of September
0
v
Approved as to form:
WENDT, MITCHELL, SINSHEIMER;
de la_ MOTTE & LILLEY
City Attorney
By Allan Grimes
Approved as to content:
City Administrative Officer
RESOLUTION NO.3411 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ELIMINATING MAIL ZONE ON
PORTION OF NORTH BROAD ,STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. The existing mail zone on-the westerly side of North
Broad Street beginning at a point 60 feet southerly, of the easterly prolong-
ation of the southerly property line of Foothill Blvd. and thence extending
50 feet southerly is hereby eliminated.
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
ATTEST:
y Cleik J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
WAP:sgb 8/17/77
adopted this 6th , day, of Sept. 1977.
r Kenneth E. Schwartz
Approved as to content:
City Administrative 0 icer
ity En er
R 3411
RESOLUTION NO. 3410 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL
FUND APPROPRIATIONS FOR THE 1977178 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 General Fund Appropriation Account be increased to provide funding
for a standard city vehicle marking and identification program.
Account No. Description Budget Amount
(50)01- 5212 -249 Shop -Misc. Supplies $2,500. DR.
2. BE IT FURTHER RESOLVED that the following transfer--.from the General
Reserve is authorized to provide for the above increase.
Account No. Description Budget Amount
01- 0510 -000 Appropriations 1$2,500. CR.
01- 0410 -000 General Reserve 21500. DR.
On the 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 6th day of September ,
1977.
ATTEST:
Clerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTT €, LILLEY D
City Attorney
Approved as to content:
Public. Service Director
> l
t
en Grimes
Finance Gkfo
cer Pro -Tem
R 3410
1�
RESOLUTION NO. 3409 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO AMENDING RESOLUTION NO. 3365 (SALARY
RESOLUTION) BY UPGRADING THE POSITION OF UTILITY
MAINTENANCE LEADER IN THE PUBLIC SERVICES DEPART-
MENT. _
WHEREAS, there was a recent change in personnel resulting from a
promotional examination; and
WHEREAS, the results necessitate the upgrading of the classification
of utilities maintenance leader and the elimination of the classification of
utilities maintenance leader /inspector for the most efficient operation of
the utilities division.-
NOW, THEREFORE, BE IT RESOLVED by the.Council of the City of San Luis
Obispo to amend Resolution No. 3365 as follows:
SECTION 1. The classification of utilities maintenance leader is
hereby increased.from salary range 19 to 20 reflecting the added inspection
duties of.the classification.
SECTION 2. The classification of utilities maintenance leader /inspector
at salary range 21 is hereby eliminated as the inspection duties have been
divided between the two utilities maintenance leaders..
SECTION 3. The City Clerk is directed to furnish copies of this
resolution to the finance department, the public services department, the
City Employees' Association and the personnel department.
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
R 3409
1 l 1
Resolution No: 3409
(1977 Series)
the foregoing Resolution was passed and adopted this _6th day.of
September 1977.
ATTEST:
y C J.H. "Fitzpatrick _
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LIL EY
City Attorney
C' Administrative Officer Pro -Tem
By Allen Grimes
Personnel Director
l
Director of -Public Services
Approved as to content:
�40
J
RESOLUTION NO. 3408 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
VARIOUS HUMANISTS FOR A STUDY RELATED TO THE HUMAN
NEEDS ASSESSMENT PROGRAM."
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Walter Bethel, Patricia Brenner, Robert Evans, Barbara Hallman, and Carroll R.
McKibbin, for a study related to. the Human Needs Assessment Program, .
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Human Relations.
Commission Office and each individual humanist.
On motion of Councilman Dunin seconded by Mayor Schwartz ,
and on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
the foregoing Resolution was passed and adopted this 6th day of September
1977.
ATTEST:
C' r J.H. Fitzpatrick R 3408
Approved as to form:
i4ENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative icer
Hunan Re at o s Coordinator
AGREEMENT FOR PROFESSIONAL SERVICES
(HUMANISTS)
This Agreement,,entered into this 6th day of September 1977, by
and between the CITY OF SAN LUIS OBISPO, hereinafter called "City," and
Professors WALTER BETHEL, PATRICIA BRENNER, ROBERT EVANS, BARBARA HALLMAN,
and CARROLL R. McKIBBIN, hereinafter called "humanists," individuals residing
in the County of San Luis Obispo, California, do mutually agree to the following:
1. Professors Bethel; Brenner, Evans, Hallman, and McKibbin shall con-
stitute a panel of humanists who shall provide their expertise for the Human
Needs Assessment Program undertaken by the City and funded by the California
Council for the Humanities in Public Policy (CCHPP). Humanists shall provide
questions to be included in a public survey converning human needs in San Luis
Obispo, shall assist in the formulation of the questionnaire, shall act as the
expert panel at three (3) neighborhood meetings and a. general public meeting,
and shall provide the humanist perspective to meetings of the Human Needs
Advisory Committee (HNAC). Finally, humanists shall. evaluate (both orally
and in writing) the Human Needs Assessment Program and the involvement of
academic humanists in it.
2. Professors Bethel, Brenner, Evans and Hallman shall report to
Carroll McKibbin who is the coordinator /administrator for the program as
provided by a separate agreement.
3. Each humanist, as mentioned, shall be paid an honorarium of $125
for each of six (6) meetings and programs as identified on the attached
"Tentative Needs Assessment Schedule, Fall 1977," as dated July 6, 1977.
Payments for services shall be at times agreeable to the City, CCHPP, and
the humanists (as a group). The entire sum due shall be paid to each indi-
vidual humanist no later than thirty (30) days after the project is completed
according to the above mentioned schedule, and after each humanist furnishes
to the City a copy of the final report.
The honoraria mentioned herein shall constitute full payment for services
of humanists. The only additional compensation for the humanists for other
meetings, preparations, and.final recommendations, reports and analyses will
be $150, payable upon receipt of all final reports. In.the event a humanist
cannot attend a scheduled meeting (limit of one such instance) because of
previous professional commitments, a substitute may be provided by the
coordinator /administrator. In such an event, the substitute humanist shall
be compensated at the same rate, $125 pet meeting.
4. The time period under which this Agreement shall be in effect will
be that of the attached schedule.
5. Notwithstanding any other representations, oral or written, between
the parties, including any and all agents or representatives thereof, humanists,
at all times covered by the terms of this Agreement, are'acting as free and
independent contractors, and not.as employees of the City..
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed.
HUMANISTS:
lYitn �
Robert Evans
Barbara Hallman A At"A
Carroll Mc,kibbin
CITY OF SAN LUIS OBISPO
Mayor Kenneth E. Schwartz
ATTEST:
City Clerk J.H., Fitzpatrick
- 2 -
Cl
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
Approved as to content:
City Administrative OMcer
A r
Human Rel-gt oAs Coordinator
- 3 -
RESOLUTION NO. 3407 (19 77 Series
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
CARROLL R. McKIBBIN AS COORDINATOR OF HUMANISTS FOR
THE HUMANITIES IN PUBLIC POLICY PROGRAM.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Carroll R. McKibbin, as coordinator of humanists-for the Humanities in Public
Policy Program,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Human Relations
Commission Office and Carroll R. McKibbin.
On motion of Councilman Dunin seconded by Mayor Schwartz ,
and on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
the foregoing Resolution was passed and adopted this 6th day of September ,
19 77.
ATTEST:
ercJ.H. Fitzpatrick
R 3407
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY.
City Attorney
By Allen Grimes
G�
Approved as to content:
City Administrative OKiCer
Human Rel Coordinator
AGREEMENT FOR PROFESSIONAL SERVICES
(COORDINATOR OF HUMANISTS)
This Agreement; entered into this _6th day of September , 1977, by
and between THE CITY OF SAN LUIS OBISPO, hereinafter called "City," and
CARROLL R. McKIBBIN, an individual residing in the City of San Luis Obispo,
California, do mutually agree to the following:
1. Mr. McKibbin shall provide services as coordinator /administrator
for the Humanities in Public Policy Program funded by the California Council
for the Humanities in Public Policy (CCHPP). He shall serve as a member of
the Technical Staff, shall act as a consultant to the Human Relations Commis-
sion (HRC), Human Needs Advisory Committee (HNAC), and the Technical Advisory
Committee (TAC) for the program, shall provide liaison with the CCHPP and the
academic community, and shall be responsible for administration of three (3)
neighborhood meetings and one public meeting, including planning, personnel,
budget /fiscal matters, publicity and video taping, as provided for in the
budget approved by CCHPP.
2. Mr. McKibbin shall report to Orloff Miller, Coordinator for the
Human Relations Commission of the City, on all budget /fiscal matters, and in
all instances involving representation of the City.
3. Total payment to Mr. McKibbin under this Agreement shall be $1,000
plus $150 for travel. Portions of the agreed sum for services and travel (not
to exceed 80% of the total) may paid_at times agreeable to the City, CCHPP,
and Mr. McKibbin. The remainder of the entire sum shall be paid within thirty
(30) days after Mr. McKibbin has prepared the final report to be submitted to
the CCHPP.
4. The time period under which this Agreement shall be in effect will
be that of the attached "Tentative Needs Assessment Schedule, Fall 1977" as
dated July 6, 1977.
5. Clerical assistance and support, including supplies, shall be
provided to Mr. McKibbin through the Office of the Human Relations Commission
and as provided for in the budget approved by CCHPP.
6. Notwithstanding any other representations, oral or written, between
the parties, including any and all agents or representatives thereof, Mr.
McKibbin, at all.times covered by the terms of this Agreement, is acting as
a free and independent contractor, and not as an employee of City.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed.
ATTEST*
i
Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney I
.
By Allen Grimes
CARROLL R. McKIBBIN
r.TTY OF SAN LITTS OBISPO
Approved as to content:
City Administrative ficer
Human R61at'o s Coordinator
- 2 -
RESOLUTION 140. 3406 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS.
OBISPO RECOMMENDING THAT THE LEAGUE OF CALIFORNIA
CITIES ADOPT A RESOLUTION SUPPOTING A NATIONAL NO-
FAULT VEHICLE LIABILITY SYSTEM.
WHEREAS, the present fault vehicle liability system -is inefficient,
costly, and inequitable; and
WHEREAS, a liability system based on no -fault is far more meritorious
and justifiable;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. This Council recommends.that the League of California Cities
encourage and support the enactment of a national no -fault vehicle liability
system.
SECTION 2. The City Clerk shall forward a certified copy of this
resolution to the League of California Cities officers in Sacramento and
Berkeley.
On motion of Councilman Jorgensen, seconded by _Councilman Petterson,
and on the following roll call vote:
AYES: Councilmen Jorgense, Petterson and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: Councilman Gurnee
the foregoing resolution was passed and adopted this 6th day of September, 1977.
ATTEST:
7717ROO ,l
R 3406
Resolution No. 3466
Approved as to form:
WENDT, MITCHELL, SINSHEIHtR,
(1977 Series)
Approved as to content:
City- Administrative GWices
0
RESOLUTION NO.3405 (1977 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING THE FRAMEWORK FOR FUTURE RELATIONS
BETWEEN THE CITY OF SAN LUIS OBISPO, AS AN EMPLOYER,
AND ITS EMPLOYEES, AND SUPERSEDING RESOLUTION
NO. 2141 (1971 Series).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Document entitled "Employer- Employee Relations
Resolution of the City of San Luis Obispo" is hereby adopted to read in full
as follows:
(See attached text)
SECTION 2. Resolution No. 2141 is hereby repealed.
On motion of Councilman Jorgensen, seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Jorgensen, Dunin, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Gurnee
the foregoing Resolution was passed and adopted this 6th day of September ,
1977.
ATTEST:
;-`Oy C erc .H. Fitzpatrick.
Approved as to fo
WENDT, MITCHELL, S NSHEIMER,
de la MOTTE & LI
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Officer
IL
Personnel Direct
R 3405
�. RESOLUTION NO. 3405 (1977 Sits)
A RESOLUTION OF THE
CITY OF SAN LUIS OBISPO ESTABLISHING THE
FRAMEWORK FOR FUTURE RELATIONS BETWEEN
THE CITY OF SAN LUIS OBISPO, AS AN EMPLOYER,
AND ITS EMPLOYEES, AND SUPERSEDING RESOLUTION
NO. 2141,(1971 Series).
_TABLE OF CONTENTS
SECTION
1.
TITLE OF i_., RESOLUTION j
2.
_
SECTION
2.
STATEMENT OF PURPOSE
2
SECTION
3.
DESIGNATION OF MUNICIPAL EMPLOYEE
2
RELATIONS OFFICER
SECTION
4.
;DEFINITIONS
2
SECTION
5.
EMPLOYEE RIGHTS
5
SECTION
6.
CITY RIGHTS
5
SECTION
7.
MEET AND CONFER IN GOOD FAITH - SCOPE
5
SECTION
8.
CONSULTATION IN GOOD FAITH - SCOPE
6.
SECTION
9.
ADVANCE NOTICE
6
SECTION
10.
PETITION FOR RECOGNITION
6
SECTION
11.
APPROPRIATE UNIT
i9
SECTION
12.
RECOGNITION OF EMPLOYEE ORGANIZATIONS
AS MAJORITY REPRESENTATIVE - FORMAL
RECOGNITION
SECTION
13.
RESOLUTION OF IMPASSES
11
SECTION
14.
GRIEVANCES
12
SECTION
15.
MEMORANDUM OF UNDERSTANDING
12
SECTION
16.
REASONABLE TIME OFF TO MEET AND CONFER
13
SECTION
17.
ACCESS TO WORK STATIONS
13
SECTION
18.
USE OF CITY FACILITIES
13
SECTION
19.
BULLETIN BOARDS
14
SECTION
20.
DUES CHECK OFF
14
SECTION
21.
PEACEFUL PERFORMANCE OF CITY SERVICES
14
SECTION
22.
RULES AND REGULATIONS
15
SECTION
23.
CONSTRUCTION
15
SECTION
24.
SEPARABILITY
16
R 3405
e
v;
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. TITLE OF RESOLtTTION_..__ I
This Resolution._ shall be known as the Employer - Employee Relations
Resolution of the City of San Luis Obispo.
SECTION 2. STATEMENT OF PURPOSE
The purpose of this Resolutionits to implement Chapter 10, Division
4, Title 1 of the Government Code of the State of California (Sections
3500 et seq.) captioned "Public Employee Organizations," by providing
orderly procedures for the administration of employer- employee relations
between the City and its employee organizations and for resolving disputes
regarding wages, hours,and other terms and conditions of employment.
SECTION 3. DESIGNATION OF MUNICIPAL EMPLOYEE RELATIONS OFFICER
The City Council hereby designates the City Administrative Officer
as the Municipal Employee.Relations Officer who shall be the City's principal
representative in all matters of employer - employee relations, with authority
to meet and confer in good faith on matters within the scope of representation
including wages, hours and other terms and conditions of employment.
The Municipal Employee Relations Officer so designated is authorized
to delegate these duties and responsibilities.
SECTION 4. DEFINITIONS
As used in this.ResOludon. the following terms shall have the
meanings indicated:
A. Appropriate Unit - means a unit of employee classes or positions
established pursuant to Section 11 of this, Resolution, citing factors
to be considered in making such determination.
B. City - means the City of San Luis Obispo, a municipal corporation,
and where appropriate herein, "City" refers to the City Council,
the governing body of said City, m any duly authorized management
employee as herein defined.
C. Consult or Consultation in Good Faith - means to communicate
verbally or in writing for the purpose of presenting and obtaining
views or advising of intended actions.
D. Emergency - means emergency conditions such as extraordinary
fire, flood,. or earthquake, public calamity, or catastrophe, which
threatens life or property.
-2-
r
L
E. Employee - means any per
except those persons elected
F. Employee, Confidential -
decisions of City management
son fMingaline -item position in the City budget
by popular vote.
means an employee who is privy to
affecting employer- employee relations.
G. Employee, Management - means:
(1). Any employee having significant responsibilities in
formulating and administering City policies and programs,
including but not limited to the chief executive officer and
department heads; and
(2) Any employee having authority to exercise independent judg-
ment to hire, transfer, suspend, lay -off, recall, promote,
discharge, assign, reward, or discipline other employees,
or having the responsibility to direct them, or to adjust
their grievances, or effectively to recommend such action if
in connection with the foregoing, the exercise of which auth=
ority is not of a merely routine or clerical nature, but e
requires the use of independent judgment.
H. Employee, Professional - means employees engaged in work requiring
specialized knowledge and skills attained through completion of a
recognized course of instruction, including, but not limited to,
attorneys, engineers and architects.
I. Employee Organization -- means any organization which 'includes
employees of the City and which has as one of its primary purposes
representing such employees in their employment relations with
the City.
J. Employer - Employee Relations - means the relationship between
the City and its employees and their employee organization, or
when used in a general sense, the relationship between City manage-
ment and employees or employee organizations.
K. Grievance - as this term is defined in Section 14(A).
L. Impasse - means:
(1) a deadlock in the discussions between a majority rep-
resentative and the City over any matters concerning which they
are required to meet and confer in good faith, or over the
scope of such subject matter, and differences that remain
are so substantial and prolonged that further meeting and con-
ferring would be futile; or
-3-
(2) Any unresolved complaint by an affected employee organ-
ization advanced in good faith, concerning a decision of the
Municipal Employee Relations Officer made pursuant to Sections
10, 11, or 12 of this j_Resolufion.
M. Majority Representative - means an employee organization, or
its duly authorized representative, that has been granted formal
recognition by the Municipal Employee Relations Officer as repre-
senting the majority of employees in an appropriate unit.
N. Mediation or Conciliation - means the efforts of an impartial
third person, or persons, functioning:as intermediaries, to assist
the parties in reaching a voluntary resolution to an impasse,
through interpretation, suggestion and advice. Mediation and
conciliation are interchangeable terms. All such proceedings shall
be private and the mediator shall make no public recommendations
nor take any public position concerning the issues.
0. Meet and Confer in Good Faith (sometimes referred to herein
as "meet and confer" or "meeting and conferring ") - means perfor-
mance by duly authorized City representatives and duly authorized
representatives of an employee organization recognized as the
majority representative of their mutual obligation to meet at
reasonable times and to discuss in good faith matters within
the scope of representation including wages, hours, and other
terms and conditions of employment, in an effort to:
(1) reach agreement on those matters within the authority
of such representatives and
(2) reach agreement on what will be recommended to the City
Council on those matters within the decision making authority
of the City Council. This does not require either party to
agree to a proposal or to make a concession.
P. Municipal Employee Relations Officer - means the City's principal
representative in all matters of employer- employee relations
designated pursuant to Section 12 of this'Resolution,:or a duly
author.i zed_revre sentat ive..�
Q. Peace Officer shall mean and include those employees defined as -peace
officers by the Penal Code.
R. Recognized Employee Organization - means an employee organization
which has been formally acknowledged by the' Municipal Employee _Relations_ Office:
;as the employee or organization that represents emplovees _of_the.Citv.,_as_
provided elsewhere in this Resolution,
r
S. Resolution - means, unless the context indicates otherwise, the
Employer - Employee Relations Resolution of the City of San Luis Obispo.
T. Scope.of Representation -7 means all matters relating to employ-
ment conditions and employer - employee relations, including, but not
limited to, wages, hours and other terms and conditions of employment,
City Rights (Section 6) are excluded from the scope of representation.
SECTION 5. EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and parti-
cipate in the activities.of employee organizations of their own choosing
for the purpose of representation on all matters of employer- employee
relations including but not limited to, wages, hours and other terms and
conditions of employment.' Employees of the City also shall have the right
to refuse to join or participate in the activities of employee organizations
and shall have the right to represent themselves individually in their
employment relations.with the City. No employee shall be interfered
with, intimidated, restrained, coerced or discriminated against because of
the exercise of these rights.
SECTION 6. CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive
right to determine -the mission of its constituent departments, commissions
and boards; set standards of service; determine the procedures
and standards of selection for employment and promotion; direct its
employees; take disciplinary action; relieve its employees from duty
because of lack of work or for other legitimate reasons; maintain the
efficiency of governmental operations; determine the methods, means and
personnel by which government operations are to be conducted; detemine the
content of job classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its
organization and the technology of performing its work.
SECTION 7. MEET AND CONFER IN GOOD FAITH - SCOPE
A. The City, through its.representatives, shall meet and confer
in good faith with representatives of formally recognized employee .
organizations with majority representation rights regarding matters
within the scope of representation including wages, hours and other
-5-
terms and conditions of employment within the appropriate unit.
B. The City shall not be required to meet and confer in good
faith on any subject, "except as required by Federal or
State law, nor shall £ be required to meet and confer
in good faith on Employee or City Rights as defined in Sections
5 and 6. -- - - -- -- - - -- - -
-- - —
SECTION 8. CONSULTATION IN GOOD FAITH - SCOPE
All matters affecting employer - employee relations, including
those that are not subject to meeting and conferring, are subject to
consultation. The City, through its representatives, shall consult in
good faith with representatives of all recognized employee organizations
on employer- employee relations matters which affect them.
SECTION 9. ADVANCE NOTICE
Written notice shall be given to each recognized employee organ-
ization affected a minimum of,r14 calendar days prior to adoption of any
ordinance, rule, or resolution or regulation directly relating to matters
within the scope of representation proposed to be adopted by the City
Council or,by any board or commission of the City, and each shall be
given the opportunity to meet with such body prior to adoptinn.
In case of emergency, when the City or any board or commission
of the City determines that an ordinance, rule, resolution or regulation
must be adopted immediately without prior notice or meeting with a recog-
nized employee organization, the.City shall provide such notice and oppor-
tunity to meet at the earliest practicable time (within days)
following the adoption of such ordinance, rule, resolution or regulation.
SECTION 10: PETITION FOR RECOGNITION
There are two (2) levels of employee organization recognition
formal and informal. The recognition requirements of each are set forth
below.
A. FORMAL RECOGNITION - the right to meet and confer in good
faith as majority representative: An employee organization that
seeks formal recognition for purposes of meeting and conferring
in good faith as the majority representative of employees in an
appropriate unit shall file a petition with the Municipal Employee
Relations Officer containing the following information and
-6-
documentation:
.�1
(1) Name and address of the employee organization.
(2) Names and titles of its officers.
(3) Names of employee organization representatives who are
authorized to speak on behalf of its members.
(4) A statement that the employee organization has, as one
of its primary purposes, representing employees in their
employment relations with the City.
(5) A statement whether the employee organization is a
chapter or local of, or affiliated directly or indirectly in
any manner with, a regional or state, or national or inter-
national organization, and, if so, the name and address of each
such regional, state or international organization.
(6) Certified copies of the employee organization's consti-
tution and by -laws.
(7) A designation of those persons, not exceeding two[^
in number, and their addresses, to whom noticeLwill.be:hand
t delivered or sent by-regular-U. S. Mail will be deemed sufficient
- notice on the employee organization for any purpose.
(8) A statement that the employee organization recognizes
that the provisions of Section 923 of the Labor Code are not
applicable to City employees.
(9) A statement that the employee organization has no re-
striction on membership based on race, color, creed, sex or
national origin.
(10) The job classifications or titles of employees in the
unit claimed to be appropriate and the number of
member employees therein classified by department, division,
and job title.
(11) A statement that the employee organization has in its
possession written proof, dated within six months of_the
date upon which the petition is filed, to establish that
at least 30% of the employees in the unit claimed to be ap-
propriate have designated the employee organization to rep-
resent them in their employment relations with the City. Such
written proof shall be submitted for confirmation to the
Municipal Employee Relations Officer or to a mutually agreed
upon disinterested third party.
-7-
.. -. _ (12) A request that the Municipal Employee Relations Officer
recognize the employee organization as the majority representa-
tive of the employees in the unit claimed to be appropriate
for the purpose of meeting and conferring in good faith on all
matters within the scope of representation.
B. INFORMAL RECOGNITION - the right to consult in good faith;
An employee organization that seeks recognition for purposes of
consultation in good faith shall file a petition with the Munici-
pal Employee Relations Officer containing the following information
and documentation:
(1) All of the information enumerated in A. (1) through (9)
of this Section inclusive.
(2) A statement that the employee organization has in its
possession written proof, dated within six i^ jmonths of the
date upon which the petition is filed, to establish that
employees have designated the employee organization to
represent them in their employment relations with the City.
Such written proof shall be submitted for confirmation to
the Municipal Employee Relations Officer or to a mutually
agreed upon disinterested th ird party.
(3) A request that the Municipal Employee Relations Officer
recognize the employee organization for the purpose of
consultation in good faith.
C. The petition, including all accompanying documents, shall be
verified, under oath, by the Executive Officer and Secretary
of the organization that the statements are true. All changes
in such information shall be filed forthwith in like manner.
-8- i
D. No employee may be represented by- more than one
_recognized organization_ for the purposes of this
__Resolution.
SECTION 11. APPROPRIATE UNIT
A. The Municipal Employee Relations Officer, after reviewing the
getitio=filed by an employee organization seeking formal
recognition as majority representative, shall determine whether
the proposed unit is an appropriate unit. The principal criterion
in making this determination is whether there is a community
of interest among such employees. The following factors, among
others, are to be considered in making such determination:
(1) Which unit will assure employees the fullest freedom in
the exercise of rights set forth under this Resolution.
(2) The history of employee relations: (i) in the unit;
(ii) .among other employees of the City; and (iii) in similar
public employment.
(3) The effect of the unit on the efficient operation
and consistent with the organizational structure of the
City and sound employer - employee relations:
(4) The extent to which employees have common skills,
working conditions, job duties or similar educational
requirements.
(S) The effect on the existing classification structure
of division a single classification among two!or more
units.
B. In the establishment of appropriate units:
(1) professional employees shall -not be denied the right
to be represented separately from non - professional employees;
and
(2) nAhAgementand;confid66il employees who are included
in the same unit with non - management or non- cgnfidential em --
ployees may not represent such employees on matters within
the scope of representation.
(3) Representation units should consist of the broadest
feasible grouping of positions that share an identifiable
community of interest. Every effort should be made to
minimize the proliferation of units within the guidelines
herein established!
i
SECTION 12. .FORMAL RECOGNITION OF EMPLOYEE ORGANIZATION AS MAJORITY
REPRESENTATIVE.
A. The Municipal Employee Relations Officer shall, after
designation of an appropriate unit, determine the majority
representative of such employees in such unit. Such determination
shall be made either by arranging for a secret ballot election
of by any other reasonable method which is based upon written
proof, and is designed to ascertain the free choice of such
employees.
(1) In the event an election is held, any employee
organization claiming representation.of all or any
part of the appropriate unit shall be entitled to a place
on the ballot.
(2) The employee organization found to represent a majority
of the employees in the appropriate unit shall be
formally acknowledged as the recognized employee organi-
zation by the Municipal Employee Relations Officer.
(3) In the event no employee organization receives a majority
in an election, a runoff election will be held between
the top two vote getters.
(4) The recognized employee organization, determined as
provided herein, is the only employee organization
entitled to meet and confer in good faith on matters
within the scope of representation on behalf of employees
in such unit. This shall not preclude other recognized
employee organizations; or individual employees, from
consulting with management representatives on employer=
employee relations matters of concern to them.
B. The recognition rights of the majority representative designated
in accordance with this section shall not be subject to challenge
for the longer term of either 12 months following the date of such
recognition or during the term of any memorandum of understanding
between such organizations and the City.
—10 =;•
C. An employee organization which desires to challenge the
recognition rights of a recognized employee organization shall
submit written proof that it represents at least 30% of the employees
in the appropriate unit. The Municipal Employee Relations Officer
shall arrange for a secret ballot election to be conducted by
the City Clerk.or other such method normally used by the City
to conduct an election. The choice of "no organization" shall
also be included in the ballot. Employees entitled to vote
in such election shall be those persons regularly employed in
permanent positions within the unit who were employed during
the pay period immediately prior to the date which is fifteen
days before the election, including those who did not work during
such period because of illness, vacation,. or authorized leaves
of absence and who are employed by the City in the same unit on
the date of the election. An employee organization shall be
granted formal recognition following an election if the employee
organization has received the vote of a numerical majority of all
the empl y eligible to vote in the unit in which the election is
held (50% plus 1 of the votes of all eligible employees).
D. The Municipal Employee Relations Officer shall withdraw the
recognition rights of any recognized employee organization which
has been found by secret ballot election to no longer represent
a majority of the employees in an appropriate unit.
SECTION 13. RESOLUTION OF IMPASSES
Impasse procedures may be invoked only after the possibility of
settlement by direct discussion has been exhausted. The impasse
procedures are as follows:
A. A DETERMINATION BY THE CITY COUNCIL - after a hearing on the
merits of the dispute.
B. Any other dispute resolving procedures to which the parties
mutually agree or which the City Council may order.
� -11-
� I
( i
Any party may initiate the impasse procedure by filing with the
other party (or parties) affected a written request for an impasse
meeting together with a statement of its position on all disputed
issues. An impasse meeting shall then be scheduled to be held in
executive session by the Municipal Employee Relations Officer forthwith
after the date of filing of the written request for such meeting,
with written notice to all parties affected. The purpose of such
impasse meeting is twofold: (1) To permit a review of the position
of all parties in a final effort to reach agreement on the disputed
issues, and (2) if agreement is not concluded, to mutually select .
the specific impasse procedure to which the dispute shall be submitted;
in the absence of agreement between the parties on this point, this
matter shall be referred to the City Council. The fees and expenses,
if any, of mediators or of any other impasse procedure, shall be
payable one -half by the City and one -half by the employee organization
or employee organizations.
SECTION 14. GRIEVANCES
A. A grievance is an alleged violation, misinterpretation, or misapplication
of this Resolution, the personnel rules and regulations or of any
Memoranda of Understanding, excluding disciplinary matters, or other
matters as fall within the scope of representation.
B. The grievance procedure shall be outlined in the personnel rules and
regulations.
SECTION 15. MEMORANDUM OF UNDERSTANDING
When the meeting and conferring process is concluded between the City
and a formally recognized employee organization representing a majority
of the employees in an appropriate unit,.all agreed upon matters shall
be incorporated in a written memorandum of understanding signed by
the duly authorized City and majority representative. As to those matters
within the authority of the City Council, the memorandum of understanding
shall be submitted to the City Council for determination.
-12-
SECTION 16. EMPLOYEE REPRESENTATION AT MEET AND CONFER
Members of any recognized employee organization may, by an reasonable
method select not more than three employee members of such organization and one
employee observer to meet and confer with the Municipal Employee Relations Officer
and other management officials (after written certification of such selection is
provided by an authorized official of the organization) on subjects within the
scope of representation during regular duty or work hours without loss of compen-
sation or other benefits. The employee organization shall, whenever practicable,
submit the name(s) of each employee representative to the Municipal Employee
Relations Officer at least two working days in advance of such meeting.
Provided:further.:
(1) That no employee representative shall leave his or her duty or work
station or assignment without specific approval of the department head
or other authorized City management official. If employee representativ
cannot be released, date of meeting will be resceduled in accordance
with item (2) below.
(2) That any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing provided
herein, however, shall limit or.restrict City management from
scheduling such meetings before or after regular duty or work hours.
SECTION 17. ACCESS TO WORK LOCATIONS
Reasonable access to employment work locations during duty hours
shall be granted officers of recognized employee organizations and their
officially designated representatives, for the purpose of processing
grievances or contacting members of the organization concerning business
within the scope of representation.. Non employee representatives of any
employee organization must have specific approval of the Municipal Employee
Relations Officer to have such access. Employee access during non duty
hours and non employee representative access during duty hours may be
obtained with the specific approval in each instance of the Municipal
Employee Relations Officer or an authorized departmental management official
when such access shall not interfere with the normal operations of the
department or with established safety or security requirements.
SECTION 18. USE OF CITY FACILITIES
Employee organizations may, with the prior approval of the department
head, appropriate supervisor or Municipal Employee Relations Officer, be
granted the use of City facilities during non-working-hours for meetings.
-13-
,SECTION_.19. USE OF i, �HTIN BOARDS
Recognized employee organizations may use portions of City bulletin boards
under the following conditions:
(a) Only notices of recreational and social- affairs, notice of meetings, or
elections and appointments and results of.elections may be posted.
(b) All materials must receive the approval of the department head in charge
of the bulletin board.
(c) All materials must be.dated'and must identify the organization that
published their.
(d) The actual posting of materials will be-done-by the City as soon as possible
after they have been approved. Unless special arrangements are made, materials
posted will be removed thirty -one days after - publication date.
(e) The City reserves the right'to determine where bulletin boards shall be
placed and what portion of their are to be allocated`to employee organization
materials.
(f) An employee organization that does not abide:.by these rules will forfeit
its right to have materials posted on City bulletin boards.
SECTION 20. DUES CHECK -OFF . ..
Only a formally recognized employee`; association i(i.e., the majority
representative of employees in an appropi:iate unit).may be granted permission
by the Municipal Employee.Relations Officer to have.the 'regular dues of its members
deducted from their paychecks, in accordance with procedures prescribed by the
Municipal Employee Relations Officer. Provided, `,however, this shall not preclude
the continuation of dues check -off heretofore granted`to any employee organization.
Dues withheld by the City shall be transmitted to the officer designated
in writing by the employee organization as the person authorized to receive such
funds, at the address specific.
All employee organizations who receive dues check -offs shall indemnify,
defend, and hold the City of San Luis Obispo harmless against any claims made and
against any suit instituted against the City of San:Luis Obispo on account
of check -off of employee organization dues. •In addition, all such employee
organizations shall.refund to the City of San Luis Obispo any amounts paid to it
in error upon presentation of supporting evidence.
SECTION 21. PEACEFUL PERFORMANCE'OF'CITY'SERVICES
Participation by an employee in a strike or a concerted -work stoppage is
unlawful and shall terminate the employment relation'. Provided however that
nothing herein shall be so construed as to affect the right of-any-employee to
abandon or to resign his employment.
(a) Employee organizations shall not hinder, delay, or interfere
-14-
coerce employees of the City to hinder, delay, or interfere with
the peaceful performance of City services by strike, concerted
work stoppage, cessation of work, slow -down, sit -down, stay -away,
or unlawful picketing.
(b) In the event that there occurs any strike concerted work
stoppage, or any other form of interference with or limitation
of the peaceful performance of City services prohibited by Section
4.04(a) hereof, the City, in addition to any other lawful remedies
or disciplinary actions, may by action of the Municipal Employee
Relations Officer cancel any or all payroll deductions, prohibit
the use of bulletin boards, prohibit the use of City facilities,
and withdraw recognition of the Employee organization or organizations
participating in such actions.
(c) Employee members of any employee organization shall not be
locked out or prevented by management officials from performing
their assigned duties when such employees are willing and able to
perform such duties in the customary manner and at a reasonable
level of efficiency.
Any decision made under the provisions of this Section may be appealed
to the City Council by filing'a written Notice of Appeal with the City Clerk,
accompanied by a complete statement setting forth all of the facts upon
which the appeal is- .based. Such Notice of Appeal must be filed within ten
(10) working days after the affected employee organization first received
notice of the decision upon which the complaint is based, or it will be
considered closed and not subjectto any other appeal.
SECTION 22. RULES AND REGULATIONS
The City Council may adopt such additional Rules and Regulations
as may be necessary or convenient to implement the provisions of this
Resolution and Chapter 10, Division 4, Title 1 of the Government Code of
the State of California (Section 3500, et seq.).
SECTION 23. CONSTRUCTION
A. Nothing in this_Resolutiun shall be construed to deny Any
person or employee the rights granted by Federal and State laws
and City Charter provisions.
B. The rights, powers and authority of the City Council in all
matters, including the right to maintain any legal action, shall
not be modified or restricted by this Resolution:,
-is-
C. Nothing in this Resolution shall abrogate any written
agreement between any employee organization and the City in effect
on the effective date of this Resolution: All such agreements
shall continue in effect for the duration of the term specified
therein unless modified or rescinded by mutual agreement of the
parties thereto.
D. The provisions on.this Resolution are not intended to conflict
with the provisions of Chapter 10, Division 4, Title 1 of the
Government Code of the State of California (Section 3500, et
seq.) as amended.
SECTION 24. SEPARABILITY
If any provision of this Resolution or.:the application of such
provision to any person or circumstance, shall be held invalid
the remainder of this Resolution or the application of such
provision to persons or circumstances other than those as to
which it is held invalid, shall not be affected thereby.
—16= I
RESOLUTION NO. 3404 (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 additional funds necessary for the construction of a parking lot
at 630 Monterey Street.
Account.No. Description Budget Amount
(40) 40- 6861 -633 Parking Lot Construction
630 Monterey Street $4,500. DR.
2. BE IT FUTHER RESOLVED that the following transfer from the Capital
Improvement Reserve account is authorized to provide for the above increase.
Account No.
40- 0430 -000
40- 0510 -000
Description
Capital Reserve
Appropriations
Transfer Amount
$4,500. DR.
4,500. CR.
On motion of Councilman Gurnee_ seconded by Councilman Jorgensen ,
and on the following roll call vote:
AYES: Councilmen Gurnee, Jorgensen, Dunin and Petterson
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 16th day of August ,
1977.
i
Mayor Pro =TemhStevecP.etter "son
ATTEST:
Ci er .H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
A
de la MOTTE $ LILLEY
City Attorney
City Administrative-ONicer
By Allen Grimes
finance Director
R 3404
;OLUTION NO. 3403 (1977 Series
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 77 -274,
LOCATED AT 2436 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 Minor
Subdivision 77 -274 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following
findings:
1. The proposed parcel map and design are consistent with the General
Plan.
2. The site is physically suited for the proposed type and density of
development, which is permitted by the 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.
(B) That the approval of the tentative map for Minor Subdivision 77 -274
be subject to the following conditions:
1. All new lot corners shall be staked by a registered civil engineer
or licensed surveyor.
2. The subdivider shall install 4 street trees on the Johnson Avenue
frontage to the satisfaction of the Public Services Department.
3. A grading and drainage plan shall be submitted to and be approved by
the Community Development Department prior to final map approval.
4. All parcels shall be served by a common access driveway, 16 feet in
width minimum. Common driveway agreement shall be approved by the
Board of Adjustments. Existing driveway ramp shall be removed.
Driveway paving shall meet City standards and shall extend to a point
to include the manhole on the existing sewer main.
5. The subdivider shall pay water acreage and frontage fees as determined
by the City Engineer.
6. The subdivider shall pay park in -lieu fees in the amount of $450.00.
7. All utilities shall be underground.
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.
R 3403
Council Resolution 3403
Page 2 J
M.S. 77 -274
Mayor Pro -Tem Steve Petterson
ATTEST:
CWCT-6rk I.H. Fitzpatrick
Approved as to form:
Wendt, Mitchell, Sinsheimer,�
de la Motte & Lillty,
City Attorney
LI
L
Approved as to content:
qty Engineer
by Civil Engineering Associate
Council Resolution 3403
Page 2
M.S. 77 -274
ATTEST:
CI erk I.H. Fitzpatrick
Approved as to form:
Wendt, Mitchell, Sinsheimer,
de la Motte & Lilly,
City Attorney
en
Mayor Pro -Tem Steve Petterson
Approved as to content:
Y'4" zt�l
ity Engineer
by Civil Engineering Associate
&LUTION NO.- 3402 (1977; Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR'SUBDIVISION NO. 77 -272
LOCATED AT 1150 LAUREL LANE.
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 -272 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, which is permitted by the M 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 -272 be subject
to the following conditions:
1. All new lot corners shall be staked by a registered civil engineer or licensed
surveyor.
2. The subdivider shall install sidewalk across the entire Laurel Lane frontage
of parcel A, to the satisfaction of the City Engineer.
3. The subdivider shall install street trees across the entire Laurel Lane frontage
of parcel A, to the satisfaction of the Public Services Department.
4. The final map shall show a thirty -foot wide drainage easement for Parcel A at
the existing drainage swale running southeasterly to norhtwesterly next to the
property line between parcels A and B. Final map shall note parcel B shall
drain to drainage swale and to creek.
5.. The final map shall show the area subject to inundation. The area shall be
enclosed in an easement dedicated to the City for drainage and maintenance
purposes.
6. A note shall be placed on the final map indicating that the building on parcel
A shall be connected to 16" City main for fire protection to the approval of
City Fire Department prior-to occupancy of said building.
7. A note shall be placed on the final map indicating that the water tank on parcel
B shall be removed prior to development of said parcel.
8. The final map shall show a utility easement on parcel B granted to parcel A for
the storage tank and a ten -foot wide easement for the water line connecting to
the building on parcel A to the_approval of the City Engineer. Said easement
shall be relinquished upon - removal of the water tank.
On motion of ra mrilman PP son , seconded by Councilman Gurnee ,
and on the following roll call vote.:
AYES: Councilmen Petterson, Gurnee and Jorgensen
NOES: Councilman Dunin
ABSENT: Mayor Schwartz
the foregoing- Resolution was passed and adopted this 16th. day August , 1977.
R 3402
Council Resolution No. i� 1
Page 2
• Minor Sub. 77 -272
ATTEST:
..
Approved as to fora: ,
Wendt, Mitchell, Sinsheimer, de la Motte
& Lilley, City Attor ey
By Allen Grimes
J
Mayor Pro -Tem Steve Petterson
Approved as to content:
N
ty Engineer
by Civil Engineering Associate
I t��
1 I
RESOLUTION NO. 3401 (1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING FINAL APPROVAL of PARCEL
MAP NO. SLO -77 -86 (RICHARD BURKE, APPLICANT;
805 -871 VIA ESTABAN) AND ACCEPTING AN OFFER
OF WATERLINE EASEMENT.
Be it resolved by the Council of the City of San Luis Obispo
as:.follows.:
Section 1. This Council previously made certain findings con-
cerning Parcel Map No. SLO -77 -86 as contained in Resolution No. 3300
(1977 Series).
Section 2. All conditions of Resolution No. 3300 (1977 Series)
have been met.
Section 3. This Council now grants final approval of Parcel Map
No. SLO- 77 -86, Richard Burke, applicant, 805 -871 Via Estaban.
On motion of Councilman Gurnee
Dunin
, seconded by Councilman
, and on the following roll call vote:
AYES: Councilmen Gurnee, Dunin, Jorgensen and Petterson
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 16th day of
August , 1977.
ATTEST:
G U e .H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER
de la MOTTEA LILL Y
A professional corporation
City Attorney
en
yo Pro -Tem Steve Petterson
Approved as to content:
City Administrative OT, cer
City Engi neer
R 3401
s
RESOLUTION NO. 3400 (1977 Series)
A RESOLUTIOM OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A STUDENT WORK STUDY AGREEMENT WITH
CALIFORNIA POLYTECHNIC STATE UNIVERSITY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows.:
SECTION 1. This Council hereby approves an agreement entitled "Work -
Study Program Off - Campus Project Agreement," with California Polytechnic.
State University, a copy of which is attached hereto marked Exhibit 111 ".
The Mayor is authorized to execute said agreement on behalf of the City.
SECTION 2. The _City.dlerk is directed to provide copies of this
resolution together with executed copies of the agreement to the Personnel
Director and California Polytechnic State University.
On motion of Councilman_ Gurnee seconded by Councilman Dunin ,
and on the following roll call.vote:
AYES: Councilmen Gurnee, Dunin, Jorgensen and Petterson
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed. and adopted this 16th day of August
1977.
ATTEST:
Crt le . Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE 4 LILLEY
City Attorney
By Allen Grimes
!t i
Mayor ro- em Steve Petterson
Approved as to content:
City Admin istrative Of °cer
.��R3400
Personnel Director
e-"
WORK -STUDY PROGRAM
OFF - CAMPUS PROJECT AGREEMENT
THIS AGREEMENT is entered into this °1st day of July
19 77 ,at San Luis Obispo County of San Luis Obispo
State of California, by Calif. Polytechnic State Univ., San Luis
Obispo hereinafter called "Institution" and Cify of San Luis Obispo
a Municipality r hereinafter called "Contractor."
The terms of this Agreement are as follows:
Institution has received a grant from the U.S. Commissioner of Education pursuant. to Title IV,
Part C, of the Higher Education Act of 1965, P.L. 89 -329, as amended by the Education
Amendments of 1972, P.L. 92 -318 and the Education Amendments of 1976, P.L. 94-482 [see
Work -Study Programs: 42 U.S.C. SS 2751- 2756a], hereinafter called the "Act." The purpose of
that grant is to stimulate and promote the employment of students in institutions of higher
education who are, in need of the earnings from such employment to pursue courses of study at
such institutions.
Institution and Contractor desire that certain of Institution's students engage in work for public and
private nonprofit organizations such as Contractor under the Work -Study Program authorized by
the Act. Contractor is in a position to utilize the services ofsuch students.
Institution, in consideration for Contractor employing Institution's students as further provided for
herein, as bargained for by Institution; and Contractor, in consideration for Institution agreeing that
Contractor shall receive the services and benefits accruing from this Agreement, as bargained for by
Contractor, both agree as follows:
1. Contractor shall utilize the services of students furnished by Institution who are eligible to
participate in the Work -Study Program and who are qualified and acceptable to Contractor.
The specific services to be performed by said students are set forth in Exhibit "A" that shall be
attached to this Agreement and may be revised from time to time.
2. The work performed by said students shall be in the public interest. and shall be consistent
with the purposes of Title IV, Part C, of the Higher Education Act of 1965.
3. The work performed by said students shall not:
a. Displace emploved workers, impair existing contracts for services, or replace regular
employees on strike; or
b. Involve political activity or work for any political party; or
C. Involve the construction, operation, or maintenance of that part of any facility used, or
planned to be used, for sectarian instruction or as a place for religious worship; or .
d. Involve any lobbying on the federal level.
4. Contractor shall:
a. Reasonably supervise the services of students participating in the Work -Study Program
and permit reasonable supervision by a representative of Institution.
EXHIBIT "1"
b. Not allow any student to work for more than an average of 20 hours per week during
periods when classes in which the student is enrolled are in session, unless otherwise
authorized by the Institution, or for mure than 40 hours per week during periods when
classes are not in session. Contractor assumes responsibility for payment of total
compensation to students for hours worked in excess of such maximum limitations.
C. %take a report, not less often than monthly, to Institution of the time worked by students
participating in the program, and any benefits to which they may be entitled, including
Social Security coverage, where applicable.
d. At such time as specified by the Institution, deposit in advance an amount sufficient to
cover at least twenty percent of the total compensation to be paid to students
participating in the program (plus any agreed -upon reimbursement to the Institution for
costs of administering this Agreement). Such costs shall be identified in Exhibit "B", a
"Cost Estimate" that shall be attached to this Agreement and may be revised from time
to time.
5. Compensation to be paid to students participating in the program will be reasonable in light of
the work to be performed by them.
6. Contractor agrees that no student will be denied work or subjected to different treatment
under this Agreement on the grounds of race, color, national origin, sex or physical disability,
and that Contractor will comply with the Civil Rights Act of 1964 [P.L.88 -352 78
Stat. 25? 1, Title IX of the Education Amendments of 1972 [P.L. 92 -3181 Section 504 of the
Rehabilitation Act of 1973, and the Regulations of the Department of Health, Education and
Welfare which implement those Acts.
7. In the selection of students for employment under this Agreement, preference shall be given to
.students with the greatest financial need, taking into account grant assistance provided such
student from any public or private sources and that employment under such. Work -Study
Program shall be furnished only to a student who:
a. is in need of the earnings from such employment in order to pursue a course of study at
such Institution (taking into consideration the actual cost of attendance at such
institution), and
In. shows evidence of academic or creative promise and capability of maintaining good
standing in such course of study while employed under the program covered by the
agreement, and
C. has been accepted for enrollment as a student at the Institution on at least a half -time
basis or, in the case of a student already enrolled in and attending the Institution, is in
good standing and in attendance there on at least a half -time basis either as an
undergraduate or graduate student, and
d. is maintaining satisfactory progress in his /her course of study in accordance with the
standards and practices of the Institution. and
el is not in default on any loan made from a student loan fund at the Institution or on a
loan made, insured. or guaranteed under the Guaranteed Student Loan Program for
attendance at the Institution, and
f. does not owe .a refund on grants previously received for attendance at the Institution; and
g. has signed an affidavit of educational purpose, provides by Institution. stating that
assistance received under the Wort: -Study Prograrn will be used solely for expenses related
to attendance at Institution.
S. Institution agrees to return to Contractor amounts deposited by Contractor which are not used
for the payment of salaries or other payroll expenses of students employed by Contractor (or
for agreed -upon reimbursement of Institution's costs of administering this Agreement).
9. Institution will be responsible for:
a. Determination of the need of the student in.accordance with the instructions of the U.S.
Department of Health, Education and Welfare;
b. Determination of students' eligibility, academic and otherwise
C. Payment of students' salaries on behalf of Contractor.
10. This Agreement shall be subject to the availability of funds to Institution for the portion of
the student's compensation not to be paid Institution by Contractor. It shall also be subject to
the provisions of the Higher Education Act of 1965, as amended, the regulations adopted
thereunder. as amended, and all legislation and regulations pertaining to the Work -Study
Program adopted subsequent to January 1, 1965.
11. The Contractor agrees to idemnify, defend and save harmless the State; the Trustees of The
California State University and Colleges, Institution, their officers, agents and employees from
any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen, laborers and any other person, firm or corporation furnishing or supplying work,
services, materials, or supplies in connection with the performance of this contract, and from
any and, all claims and losses accruing or resulting to any person, firm or corporation who may
be injured or dammed by the Contractor in the performance of this contract.
13. The Contractor shall be responsible for all employee benefits and provide Workers'
Compensation insurance at Contractor's own cost and expense for all students employed
pursuant to this Agreement. Contractor shall furnish Institution a list of all such benefits and
costs. including Social Security when such coverage is offered.
13. The Contractor, and any agents and employees of Contractor, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or agents of
State of California, the Trustees of The California State University and Colleges, or of
Institution. Students furnished employment by Contractor pursuant to this Agreement shall
not be considered to be apprentices, employees, agents, or officers of the State of California,
the Trustees of The California State University and Colleges, or of Institution.
14. Institution may terminate this Agreement and be relieved of the payment of any consideration
to Contractor should Contractor fail to perform the covenants herein contained at the time
and in the manner herein provided. In the event of such termination, Institution may proceed
to carry out the purpose of this Agreement in any manner deemed proper by Institution. The
cost to Institution shall be deducted from any sum due the Contractor under this Agreement,
and the balance, if any, shall be paid the Contractor upon demand.
15. This Agureement is not assignable by Contractor either in whole or in part.
16. Time is of the essence of each and all the provisions of this Agreement, and the provisions of
this Agreement shall extend to and be binding upon and inure to the benefit of the heirs,
executors, administrators, successors, and assigns of the respective parties hereto.
3
GI
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17. It is mutually understood and agreed that no alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the parties hereto. and that no
oral understandings or agreements not incorporated herein, and no alterations or variations of
the terms hereof unless made in writing between the parties hereto shall be binding on any. of
the parties hereto.
13. This Agreement shall terminate 30 days after tither Institution or Contractor has notified the
,other party in writing of its desire to terminate this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in quintuplicate the day
and year first above written.
Eaji 0rnnial�o7yte nic State University,
San Luis Obispo
BY
Procurement & Support Svcs. Officer
(Date)
CONTRACTOR
BY
(Date)
(Where Contractor is a corporation, certified copy of corporate resolution authorizing signatory to
sign must be attached. A sample certification is attached for your information.)
4
WORK -STUDY PROGRAM
EXHIBIT "A"
Contractor with which student employment arrangement is being proposed:
1.11 City of San Luis Obispo
Name of Contractor
990 Palm Street 541-1000 .Ext. 18
Address . Telephone Number
San Luis Obispo, CA 93401
City - State Zip Code
1.12 Person directina)C74wmM: Student:
Various - see 1.4 below
.Name
1.13 Address where work is to be performed if different from Contractor's principal
office:
1.2 Statement on special conditions for employment in work for public or private nonprofit
organization:
1.21 Is work to be performed "in the public interest "?
Yes X No
1._'2 Will this work. result in the displacement of employed workers or impair existing
contracts for service'.
Yes Nom[_
1.3 Activities of Contractor:
Municipal Corporation
1.4 Classify jobs by category. and give concise one - sentence description of each category.
141 Assistant Plan Check Engineer - performs technical construction plan checking
for compliance to all codes and ordinances under direction of Jack Kellerman,
Uniet Building InspectU.L.
1.42 - arfnrma rn, f-i c n ent
proposals requiring City approval under direction of Dan Smith, Senior Planner
5
1.43 Drafting Intern - updates and maintains maps for sewer, water. errant and
sidewalk data under direction of Art Hird, Engineering Assistant.
1.44 Engineering Intern - assists in the review of development nronoGala
drafting, site analysis and surveying under d' son,
City Engineer.
L� Total Annual Program cost for this Agreement should not exceed S 8,400.00
6
1
r
r
WORK -STUDY PROGRAM
EXHIBIT "B"
Plan Ch
Intern
Plannin
Draf tin
Enginee
\are of A!zenc% or OrLanization
Address
(Street)
Phone Number
(Area Code)
Period covered by this Cost Estimate
(City, State, Zip Code)
Person to Contact
(From) (To)
COST ESTIMATE
Total Compensation
Federal Funds (80;c of Total Compensation)
Contractor Matching (-Lo7r of Total Compensation)
Administrative surcharge to Contractor
(based on_ r. of Total Compensation)
Total Cost to Contractor
item I _ of A?reernent regarding employee benefits.
7
S 8.,400.00
g 6,720.00
g 1,680.00
g —0—
S 1,680.00
O
4i
J:
Minimum
1laximum
u
C
O
Hourly
Hourly
Est. Average
e
Rate of
Rate of
Compensation
=
E .0
E
Total
Job Classification
Pay
Pay*
Per Job
n
<
cn
Z
Compensation
a_ck Engineer
$4.17
$4.17
1868
X
1
1868
3 Intern
3.65
3.65
1633
X
2
3266
3 Intern
3.65
3.65
1633
X
1
1633
ping Intern
3.65
3.65
1633
X
1
1633
Total Compensation
Federal Funds (80;c of Total Compensation)
Contractor Matching (-Lo7r of Total Compensation)
Administrative surcharge to Contractor
(based on_ r. of Total Compensation)
Total Cost to Contractor
item I _ of A?reernent regarding employee benefits.
7
S 8.,400.00
g 6,720.00
g 1,680.00
g —0—
S 1,680.00
CERTIFICATION
CITY CLERK
This is to certify that I am the
(insert title such as
of CITY OF SAN LUIS OBISPO
Secretary or Assistant Secretary) (insert name of
and that the attached resolution is a true and accurate copy, as the
Corporation)
same appears in the Minutes of the Board of Directors of the Corporation: and that said resolution
was duly adopted by the Board of Directors of the Corporation at its meeting on
(insert date
and is still in effect.
resolution was adopted)
DATED:
(insert date)
-Jeain Fitzpatrick -"City Clerk
(Name and title of person making certification) .
(Be sure that a copy of the resolution authorizing a person to execute contract documentsor to
execute a bid submittal is attached to this certification. If more than one resolution is attached, the
form must be modified to reflect that fact.)
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