HomeMy WebLinkAbout3445-3490RESOLUTION NO. 3490 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
CHARLES WEIS AND MARTIN MORTGAGE COMPANY FOR ASSIGNMENT
OF THE GRAZING LEASE FOR CITY PROPERTY ADJACENT TO
SEWAGE TREATMENT PLANT.
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
Charles Weis and W.A. Martin dba Martin Mortgage Company for assignment of the
grazing lease for.City property adjacent to the sewage treatment plant, 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: Charles Weis and W.A. Martin
dba Martin Mortgage Company.
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 17th day of January;,1978.<.
ATTEST:
Cit erk J.H. Fitzpatrick
R 3490
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE &.LILLEY
` City Attorney
By Allen Grimes
C
Approved as to content:
City Administrafi fficer
LEASE AGREEMENT
This lease, made and executed this 5th day of January ,
1977, by and betweeen the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter referred to as "City," and CHARLES WEIS,
who thereafter entered into a joint venture agreement with the
MARTIN MORTGAGE COMPANY, INC. and ALAN R. PETERSEN; and
WHEREAS, CHARLES WEIS, by assignment dated September 1, 1977 ,
has assigned all of his rights and interest in said lease to MARTIN
MORTGAGE COMPANY, INC., and ALAN R. PETERSEN; and
WHEREAS, by assignment dated November 18, 1977, ALAN R.
PETERSEN has assigned all of his rights, title and interest to said
lease to the MARTIN MORTGAGE COMPANY, INC.; and
WHEREAS, City desires to clarify the terms and responsibilities
of the lessee, now the MARTIN MORTGAGE COMPANY, INC.
WITNESSETH:
The City hereby leases to Lessee, and Lessee hereby hires
from City, on the following terms and conditions:
1. The Lease shall be for four (4) years, commencing on
January 1, 1978 , and terminating on December 31, 1981.
Approximately 49.74 acres will be available.
2. The rental shall be Nine Dollars Twenty -Five Cents ($9.25)
per acre per month, payable in advance the first of every month,
commencing with January 1, 1978 providing that City may,
from time to time, withdraw all or any portion of the fields by
giving thirty (30) days notice to Lessee. The rental payment shall
be based on the acres available each month during the term hereof.
3. The premises leased are located in the City of San Luis
Obispo, County of San Luis Obispo, State of California, adjacent
to the City's sewage treatment plan, as shown on the attached map
marked Exhibit "A" and incorporated herein by reference, and includes
a portion of the land known as the " Gude1 Property."
4. Lessee agrees to place the effluent on the fields in
accordance with directions given by the City and further understands
that the City reserves the right, without notice to Lessee, to dis-
charge water from its sewage disposal plant or sewage from its sewer
system upon said land at any time,which water or sewage may or may
not be chlorinated. Water shall not be allowed to stand or pond
and must be kept from adjoining property at all times. Particular
care must be exercised to avoid standing water or excessive irrigation
of the Gudel Property.
5. Lessee hereby waives all claims against City for damaged
goods and animals in or about said premises and for injury to
Lessee, his agents, or third persons in or about said premises from
any cause arising at any time, and Lessee holds City free and harm-
less from any damages or injuries to any person or property arising
from the use of the premises by Lessee.
Lessee shall obtain and keep current a liability insurance
policy with not less than $50,000 property damage coverage for each
person on account of any one occurrence, and personal injury coverage
of not less than $100,000 for each person and $300,000 for each
occurrence, with thirty (30) days notice for cancellation or
modification of insurance.
- 2
6. Lessee agrees to use good grazing practices and to move
his animals to designated portions of the premises if requested to
do so by the City and understands that the City shall have the
right to determine the number of animals the pastures can handle.
7. Lessee agrees to eradicate and control weeds on the land
before they go to seed, especially spiny -clot
lock, or any other type of plant that extends
growth of pasture. In the event Lessee fails
then upon ten (10) days written notice by the
Services, City may remove the weeds by contras
and Lessee shall pay all costs thereof within
receiving notice of such cost from the City.
burr, thistles, hem -
above the normal
to remove said weeds,
Director of Public
-.t or with City forces,
ten (10) days after
B. Lessee agrees to construct and maintain fences and gates
at such locations as are designated by the City, with material
provided by City. In the event Lessee desires to erect additional
fences, then upon approval of the Director of Public Services,
Lessee, at Lessee's sole expense, may install such approved additional
fences. Upon termination of this Lease, the Lessee shall remove
said fences if so requested by the City.
9. Lessee agrees to repair and maintain all pasture berms,
effluent lines, risers, lids, stems and appurtenances as directed
by City.
10. Lessee agrees to repair, install and maintain adequate
water lines, shut -off valves to the water troughs and to construct
and maintain a corral large enough to dry feed the animals during
the rainy season, subject to the approval of the Director of Public
Services.
- 3 -
11. Lessee's use of roads and sewer plant area is subject
at all times to the prior approval of the Director of Public Services.
12. City agrees to provide access from Higuera Street to
the 7.86 acres known as the Gudel Property.
13. Lessee shall not sublease the premises or any part
thereof without prior- written approval of the City Council. Usage
of the land by more than one species of animal at a time must be
approved by the Director of Public Services.
14. Lessee shall provide the Director of Public Services
with a telephone number where he can be contacted at all times in
the event of any emergency, including, without limitation, broken
fences or berms, ponding, trespassers, unfed cattle and overflowing
water troughs.
15. This lease may be terminated and cancelled by the City
if the City Council at its sole discretion, determines after a
public hearing held upon ten (10) days notice to Lessee that such
termination is in the best interest of City. Said termination
shall be effective thirty (30) days after such determination, and
Lessee shall not be entitled to damages or other reimbursement as
a result of such termination.
16. Written notice under this agreement may -be given by
either party to the other, and shall be effective upon the deposit
in the U. S. Mail of a certified or registered letter addressed to
the other party at the address below:
CITY: City Clerk
City Hall
P. 0. Box 321
San Luis Obispo, CA 93406
- 4 -
C` �J
LESSEE: Martin Mortgage Company, Inc
P. 0. Box 1127
Santa Maria, CA 93454
17. The City hereby consents to the Martin Mortgage Company,
Inc. being Lessee under this lease by assignment and novation, and
consents to the assignment by Charles D. Weis of his interest in
the lease and releases him from any further obligation or liability
thereunder.
IN WITNESS WHEREOF, the parties hereto execute this lease in
duplicate, on the date first written above:
Attest:
sT 1. H. FITZPATRICK .
City Clerk J. H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIME_R,
de la MOTTE & LILLEY
City Attorney n
By Allen Grimes
LESSEE: martin Mortgage Company, Inc.
n
By r /-'�
By
LESSOR: City of San Luis Obispo
By s% K cNNETH E. SCHWARTZ
Mayor Kenneth E. Schwartz
Approved as to content:
City Administrative Officer
Director of Public Services
- 5 -
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RESOLUTION NO. 3489 (1978 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL
APPROVING THE USE PERMIT FOR AN 88 -UNIT MOBILE HOME
PARK EXPANSION AT 1801 PREFUMO CANYON ROAD ON APPEAL
BY GEORGE S. HEDLEY, JR. AND CLAIRE E. GATHE (LAGUNA
LAKE MOBILE ESTATES).
WHEREAS, the Planning Commission by Resolution No. 1165 -77 denied an
application for use permit for the mobile home expansion at 1801 Prefumo Canyon
Road in the "U" (unclassified) zone; and
WHEREAS, the Planning Commission decision was appealed by George S.
Hedley, Jr. and Clair E. Gathe; and
WHEREAS, the City Council reviewed the project environmental impact report
(EIR) and conducted a public hearing on the project appeal considering testimony
for and against the appeal.
WHEREAS, the City Council determined that the mobile home park expansion
as proposed by the applicant would be compatible with existing development in
the area; and
WHEREAS, the City Council determined the project design and density was
consistent with the general plan and suitable for the property; and
WHEREAS, the City Council. determined that expansion of the existing mobile
home park would satisfy in part a specific housing demand in the city; and
WHEREAS, the City Council determined that measures proposed in the project
EIR mitigating adverse environmental impacts have been incorporated into the
project design and recommended conditions of approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo
approves use permit U 0638 and an 88 -unit mobile home expansion at 1801 Prefumo
Canyon Road subject to the following conditions of approval:
Applicant shall submit precise development plans for Architectural Review
Commission review and approval. The plans shall include site layout, landscaping,
lighting, signing, screening, grading and mobile home exterior finishes.
2. The project shall be developed in accordance with the submitted site plan
subject to conditions established by the City Council and the Architectural
Review Commission. Area noted as future is not approved as part of this use permit
3. Applicant shall offer to dedicate ,to the city and improve to city standards an
additional 22 feet of right -of -way on Prefumo Canyon Road. Said dedication and
improvements, consisting of curb, gutter,: sidewalk and street paving, shall
extend across entire street frontage and extend off -site to the corner of
Prefumo Canyon Road and Los Osos Valley Road, all to the approval of the City
Engineer.
4. Applicant shall offer to dedicate to the city a .74 acre of land adjacent to the
golf course property for park purposes. Exact location to be approved by the
Director of Community Development.
R 3489
Resolution No. 34%J
Page 2
5. Applicant shall pay water acreage and frontage fees as determined by the City
Engineer.
6. Applicant shall pay for share.of sewer lift station and other applicable
sewer charges as determined by the City Engineer.
7. All mobile homes located within the project, regardless of age, shall be
equipped with heat and smoke detectors to the approval of the Fire Department.
8. Project storage area shall be screened with a solid six foot high fence setback
a minimum of five feet from interior street. The setback area shall be
landscaped. Storage area shall have an all weather dust -free surface to the
approval of the City Engineer. Storage area shall be accessible to all mobile
home spaces in the park;and shall not be used for any other purpose or by
nonresidents of the park.
9. A solid six foot high fence shall be installed along street frontage and
easterly edge of project.
10. Fire hydrants shall be installed throughout the project to the approval of the
Fire Department. No hydrant shall be further than 350 feet from each mobile
home site. Hydrants shall be operable prior to.placement of any mobile home.
11. Drainage from the existing 24 inch c.m.p. on Prefumo Canyon Road shall be
underground through the project. Applicant shall improve existing drainage
swale off -site on golf course from project boundary to Prefumo Creek to handle
100 -year design storm to the approval of the City Engineer.
12. All site grading shall conform to the Grading Ordinance including slope
protection, and be to the approval of the City Engineer.
13. Pedestrian walkway connecting the new project with the existing development
shall be paved to the approval of the Community Development Director.
14. Applicant shall install eight inch sewer main within a 10 foot easement in
Gathe Drive easterly to Los Osos Valley Road to the approval of the City
Engineer. Applicant shall be responsible for obtaining required easement.
15. All utilities shall be underground. No radio or television antennas shall be
permitted on the exterior of a mobile home.
16. Project's interior streets shall be constructed to city standards and be
approved by the City Engineer. Street names proposed shall be changed as
follows: Janet and Thelma shall be Karen. Other street names are approved as
shown on development plans.
17. Applicant shall submit an addressing plan to city standards (using space
numbers) for the expansion area. Applicant shall install uniform street name
signs. Applicant shall establish uniform size and location for space numbers
on each site. Applicant shall install a directory board showing all spaces in
park with space numbers/addresses at -each entrance to park. All the above
shall be to the approval of the Community Development Director and Architectural
Review Commission.
Resolution No. 348!
Page 3
18. Site plans shall be revised to the approval of the Community Development
Director and Architectural Review Commission to show Garnette Drive being
extended through to connect with Garnette in existing park. Three parking
spaces at the end of Murl shall be removed.
19. Applicant shall participate with the city to the amount of 50% of the cost
of purchasing and errecting a golf ball protective screen to be installed
along easterly edge of project and project edge adjacent to the golf course.
20. Occupancy of all mobile homes in the existing park and park expansion area
shall not be restricted to any age group.
21. Existing children's play area shall be improved and additional play
equipment added to the approval of the Community Development Director. The
design of the play area shall be approved by the Architectural Review
Commission.
22. Applicant shall install one tree on each mobile home lot and install trees
in landscape . area adjacent to storage area at a minimum of one tree per 35
foot frontage.
23. The detailed landscape plan shall be prepared by a registered landscaped
architect and approved by the Architectural Review Commission and shall
include:
a. Street trees and landscaping on Prefumo Canyon Road streetyard setback.
b. A tree and landscaping plan off -site on easterly edge of project facing
Los Osos Valley Road.
c. A tree and landscaping plan on project edge adjacent to the golf course.
24. Premises shall be maintained in a clean and acceptable manner and the
landscaped areas shall be properly maintained including the prompt replace-
ment of all dead plant material.
25. All mobile homes in the expansion area shall utilize zero side yard setback
concept, have tile, wood shingle or wood shake shingle roofs and wood siding
(or similar material approved by the Architectural Review Commission) and
wood decking consistant with the applicant's plans submitted with the use
permit request.
26. All wood shingle roofs shall be made fire retardant by a pressure method
approved by underwriters laboratory.
On motion of Councilman Jorgensen, seconded by Councilman Settle and on
the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson and Settle
NOES: Mayor Schwartz
ABSENT: None
,. Resolution No. 3485, .}
• Page 4
the foregoing Resolution was passed and adopted this 17th day of
January , 1978.
ATTEST:
C' Cler . H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINS IMER,
de la MOTTE & LILLEY, ity Attorney
By Allen Grimes
Approved as to content:
RESOLUTION NO. 3488 (1978 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
CITY COUNCIL CERTIFYING THE PROJECT EIR FOR
USE PERMIT U 0638 FOR AN 88 -UNIT MOBILE HOME
PARK EXPANSION AT 1801 PREFUMO CANYON ROAD.
WHEREAS, the City Council required the preparation of an Environmental
Impact Report (EIR) for the project to include an economic study containing a
cost revenue comparison of mobile homes with residential development alterna-
tives; and
WHEREAS, the final EIR with comments from the public and other agencies
having jurisdiction and staff response was certified by the Planning Commission; and
WHEREAS, the City Council reviewed the final EIR and economic study and
determined it was sufficient to evaluate significant adverse environmental
impacts of the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo that the project EIR for use permit U 0638 is hereby.certified as
being completed in compliance with the California Environmental Quality Act and
the state and city EIR guidelines and is sufficient to describe adverse environ-
mental impacts of the project.
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 adop
January , 1978.
ATTEST:
Ci Cler —� . Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLE , City Attorney
s : _17th day of
Approved as to content:
By Allen Grimes R 3488
RESOLUTION NO. 3487 (1978 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL
DENYING A REQUEST FOR MINOR SUBDIVISION NO. 77 -330 AT
568 -570 ELLEN WAY.
WHEREAS, the City Council reviewed a request for a_ minor subdivision
at 568 -570 Ellen Way to create two residential lots at 568 -570 Ellen Way by
a lot line adjustment; and
WHEREAS, the City Council determined that the area in question was
subject to unusually high noise from the adjacent freeway; and
WHEREAS, the City Council consistent with policies adopted by the noise
element determined that the creation of an additional building site on the
property would be inconsistent with the General Plan; and
WHEREAS, the City Council determined that the proposed lots would not
comply with city subdivision standards for required street frontage for which
variances were requested; and
WHEREAS, the City Council determined that the property was not
suitable for the development proposed.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that Minor Subdivision No. 77 -330 is hereby denied.
On motion of Councilman Petterson , seconded by Councilman Jorgensen ,
and on the following roll call vote:
AYES: Councilmen Petterson, Jorgensen and Mayor Schwartz
NOES: Councilmen Dunin and Settle
ABSENT: None
Resolution No. 34fi._.'
the foregoing Resolution was passed and adopted this 17th day of January
1978.
ATTEST:
'�3s� /,si /.lam
SW7'Clerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, _SINS EIMER,
de la MOTTE « LILLEY
City Attorney
By Allen Grimes
Approved as to content:
ty Ad nistrative Office ,- !-°—
2jvn!�.n
Community DeVelopmenVA Director
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RESOLUTION NO. 3486 (197P Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF.SAN LUIS OBISPO
ESTABLISHING A FEE STRUCTURE FOR 'SWIMPMG POOL AND DOCK
PERMITS
BE IT RESOLVED by the Council-of the -City of San Luis Obispo as follows:
Pursuant to the provisions,of.Municipal Code Section 8700.8, the .
following fee schedule for'swimming pools and dock permits, is hereby
established.
SWIMMING POOLS
Private Pool (up to 300 square foot surface area) $ 30.00 ,
Each additional 100 square feet or fraction thereof $ 10.00
Public Pool (up to 300 square foot surface area) $ 50.00
Each additional 100 square feet or fraction thereof $ 10.00
Reinspections (See Section 304(f)U.B.C.) $ 10 .-00
NOTE: The fees listed include all electrical, mechanical
and plumbing fees, for work associated with the pool.
DOCKS
All types of docks. $ 20.00
Extra Inspections (see Section 8700.7 of the $ 10.00
Swimming Pool & Dock Code.)
On the motion of Councilman C__Jorgensen seconded by
Councilman Dunin 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
of _ January , 1978:
ATTEST:
17th day
R 3486
Ci ler ' .H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
DE LA MOTTE & LILEY
City Attorney
By: Allen Grimes
Approved as to content:
City Administrative ftficer
ief uflding Inspector
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RESOLUTION NO. 3485 (1978 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL
MAP NO. SLO4-7412 (LOCATED AT 55 & 63 BROAD
STREET AND 555 RAMONA DRIVE).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. This Council previously made certain findings concerning
Parcel Map No. SLO -77 -212 as contained in Resolution No. 3382 (1977 Series).
Section 2. This Council now grants final approval of Parcel Map No. SLO-
77 -212 (Located at 55 & 63 Broad Street and 555 Ramona Drive.)
On motion of Councilman. Settle , seconded by ConnriIman
Petterson , and on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
the foregoing Resolution was passed and adopted this 3rd day of January
1978..
ATTEST:
Cit erk, J. H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney I
en Grimes
Approved as to content:
y dministrative Office ,��.>
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RESOLUTION NO. 3484 (1978 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP
SLO -77 -274 (ROY D. NEWELL APPLICANT, LOCATED AT
2436 JOHNSON AVENUE)..
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS:
SECTION 1. This Council previously made certain findings concerning
Parcel Map No. SLO -77 -274 as contained in Resolution No. 3403 (1977 Series)
SECTION 2. This Council now grants final approval of Parcel Map No.
SLO -77 -274 (Roy D. Newell, applicant).
On motion of Councilman_Settle , seconded by Councilman Petterson and
on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
the foregoing Resolution was passed and .adopted
1979
ATTEST:
Ci C er J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEI_M_ER_,
de la MOTTE & LIL
A Professional Co ration
by Allen Grimes
3rd day of January
r
. Schwartz
Approved as to content:
�OrAdministrative Officer `y It4_
City Eng1peer
R 3484
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RESOLUTION NO. 3483 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING RESOLUTION NO. 3365 (SALARY RESOLUTION)
BY ADJUSTING THE MONTHLY SALARY RATES FOR FOUR MANAGE-
MENT CLASSES.
WHEREAS, two new employees have been appointed, the Fire Chief
and the Director of Community Development, since the adoption of the
salary resolution and the Council has approved certain starting salaries
for them as recommended by the City Administrative Officer; and
WHEREAS, the City Council has approved the City Administrative
Officer's recommendation for certain supplemental salary increases for
the Director of Public Services and the City Engineer effective January 1,
1978, such increases having been previously scheduled for such consideration.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that a portion of Section 5 of Resolution No. 3365 be amended to
read as follows:
Effective
Classification Monthly Salary Date
Director of Community
Development $2,150.00 11/16/77
Director of Public
Services $2,250.00 1/1/78
City Engineer $1,900.00 1/1/78
Fire Chief $21100.00 8/22/77
On motion of Councilman Settle .seconded by Councilman Petterson ,
and on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Petterson and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
R 3483
Resolution No. 3483
(1978 Series)
the foregoing Resolution was passed and adopted this 3rd day of .
January -, 1978.
ATTEST:
Cit J. H.- Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative 04ficer
Personnel Direct -
-2-
z_,
RESOLUTION NO. 3482 (1978 Series)
A RESOLUTION OF THE COUNCIL FOR THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION
TO REQUIRE PREPARATION OF A MASTER PLAN FOR PARKING AND
CIRCULATION; AND AN EXPANDED INITIAL ENVIRONMENTAL IMPACT
REPORT FOR MINOR SUBDIVISION NO.77 -357; AND DENYING AN
APPEAL OF THE PLANNING COMMISSION'S DETERMINATION THAT
BURGER KING RESTAURANT IS A DRIVE -IN
WHEREAS, the City Council reviewed an appeal by Mr. Frank Truchan of
a Planning Commission decision to (1) require a Master Plan for parking and
circulation for 963 Foothill prior to consideration of a request for resubdivision
of the property (2) require an Expanded Initial Environmental Study for traffic
circulation and safety (3) interpret the Burger King Restaurant as a drive -in
restaurant by definition of the Zoning Ordinance; and
WHEREAS, the City Council found that a Master Plan for peaking and
circulation was not necessary to evaluate the acceptability of the minor sub-
division request; and
WHEREAS, the City Council determined that traffic circulation and
safety could be evaluated sufficiently without the preparation of an Expanded
Initial Environmental Study as a part of the staff report; and
WHEREAS, the City Council conducted a public hearing taking testimony
for and against the appeal; and
WHEREAS, the City Council determined that the Burger King Restaurant
was by definition of the city Zoning Ordinance a drive =in bEcause of its
capability to serve food consumed in automobiles within the parking lot of
the restaurant.
Obispo: NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
(1) ThE.t the applicant is not required to prepare a Master Plan.for
parking and circulation for Minor Subdivision No. 77 -357.
(2) That a negative declaration is granted for Minor Subdivision No.
77 -357 and use permit request U 0592.
(3) That the Burger King Restaurant is hereby classified-as a drive -in
restaurant subject to the issuance of a use permit.
(4) That city staff is directed to prepare a comprehensive traffic
analysis as a part of the staff report for the above minor subdivision and use
permit request.
R 3482
RESOLUTION NO. 348r.,
On motion of Councilman Settle , seconded by Councilman Petterson,
and on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
the foregoing Resolution was passed and adopted
1978.
ATTEST:
lV-
Cit e < J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
t . nistrative Office o: e...,-.
Community D velopme Director
001-i)
RESOLUTION NO. 3481 (197$ Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL
IMPROVEMENTS FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San
Capital Improvement Fund Appropriation Account be
for the design of the sewer force main facilities
to Laguna Lake and Golf Course.
Account No. Description
40- 7162 -720 (40) Sewer Treatment Plant
E.P.A. Improvements
Luis Obispo that the following
increased to provide funding
from the sewer treatment plant
Amount
$2,030. DR.
40- 0510 -000 Capital Improvement Fund
Appropriations $2,030. CR.
40- 0600 -000 Unappropriated Fund Bal. $2,030. DR.
On motion of Councilman.Pettersons seconded by Councilman Jorgensen ,
and on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
the foregoing Resolution was passed and adopted this 3rd day of January ,
1978.
ATTEST:
}�-
Ci, Jerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SIN IMER,
de la MOTTE $ LIL.1
City Attorney
By Allen Grimes
Approved as to content:
K 3481
RESOLUTION NO. 3480 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A SECOND AMENDED AGREEMENT WITH
JENKS & HARRISON FOR CONSULTING ENGINEERING SERVICES
IN CONNECTION WITH WASTEWATER TREATMENT AND DISPOSAL
FACILITIES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. This Council hereby approves an agreement with Jenks $
Harrison, for consulting engineering services in connection with wastewater
treatment and disposal facilities, as set forth in the agreement attached
hereto marked Exhibit "1" and its attached Exhibits "A", "B "., and "C".
The Mayor is authorized to execute said agreement on behalf of the City.
SECTION 2. Copies of said agreement shall be maintained on file in
the offices of the City Clerk and the Director of Public Services. The
Director of Public Services shall act as Grantee Reviewer and shall forward
copies of this resolution and the agreement to appropriate agencies.
On motion of Councilman Petterson_ seconded by Councilman Jorgensen,
and on the following roll call vote.:.
AYES: Councilmen Jorgensen, Petterson, Settle ,and Mayor Schwartz
NOES: None
ABSENT: Councilman Dunin
the foregoing Resolution was passed and adopted this 3rd'; day of January ,
1978.
ATTEST:
Cit ler -0''.TH. Fitzpatrick
R 3480
Resolution No. 3480
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
(1978 Series)
Approved as to content:
Gity AdisKnistrative Officer�if ✓�'l
Director of Public Services
_2_
'e � n v. i/� i � 'rh T '�5•
.. .-ci� 4 e }
� lei .1 � r
w' �Pe.. 'jai -'i +^.a... "t n. �:. �f. �i�• t oh.. I:
O r . I R
eciat'ion
EXPRESSING 1 1 APPRECIATION TO ANTHONY
JUAREZ FOR HIS LONG AND DEDICATED • THE CITY AND
ITS CITIZENS.
WHEREAS, Anthony "Tony" Juarez has had a long and distinguished career in the
Engineering Department, totaling over 282 years, while he filled increasingly responsible
positions as a draftsman, designer, surveyor and inspector, finally becoming the chief
public works inspector for the City, maintaining that position for approximately 15 years;
and
WHEREAS, Tony has brought to each of his duties a high degree of skill, loyalty
and dedication; and
WHEREAS, Tony has donated untold hours of his own time over many years in assuring
that the City received quality public works improvements; and
WHEREAS, Tony has continually exhibited a rare ability to remain on friendly terms
with all parties while carrying out difficult and demanding duties; and
WHEREAS, Tony's dedication and ability to maintain friendly relations with all
parties have served as examples to his fellow employees; and
WHEREAS, Tony's passing away on December 23, 1977, has left a legacy which may
never again be duplicated.
NOW, THEREFORE, BE IT RESOLVED that this City Council wishes to express its
gratitude and appreciation to Chief Public Works Inspector Anthony Juarez for the service
he has performed and the example he has set for his fellow employees.
On motion of Mayor Schwartz seconded by Councilman Settle and
on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution is passed and adopted this 3rd day of January, 1978.
City,,` erk J. H. Fitzpatrick
>_A_
Mayor Kenneth E. Schwartz
RESOLUTION NO. 3478 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO RELATING TO INDEMNIFICATION BY THE CITY FOR
THE PAYMENT OF ANY JUDGMENT WHICH MIGHT ARISE OUT OF
THE BILODEAU LITIGATION (SUPERIOR COURT NO. 46481).
WHEREAS, a claim was filed against the City of San Luis Obispo and
the Mayor and individual members of the City Council on June 11, 1976, by
Dorothy Bilbdeau, Nadja Warden, Lew Warden, Barbara Warden and Murray
Warden; and
WHEREAS. :amended_complaints::hav`e" -`been served on additional defendants
as Does: City;,Administrative Officer Richard D. Miller, City Engineer Wayne A.
Peterson, former Community Development Director Rob Strong, City Clerk J. H.
Fitzpatrick, and former City Attorney Arthur J. Shaw, Jr.; and
WHEREAS, Sections 825 and 995 et seq. of the California Government Code
provide for the representation, defense, and indemnification of..any judgment
sustained against a public employee in his individual capacity for any act
or omission within the scope of his employment, provided he did not act or
fail to act because of actual fraud, corruption or malice.'
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The alleged acts or omissions of each of the aforesaid
employees were within the scope of his employment, and none of such employees
acted or failed to act because of actual fraud, corruption or actual malice.
SECTION 2. The City shall provide for the defense of the above
described civil action (Superior Court No. 46481) and shall defend each of
such employees. Said defense shall be provided by employing other counsel
for this purpose. Ali of the expenses of providing a defense pursuant to
this Resolution are proper charges against the City and the City has no
right to recover such expenses from the employee or employees defended.
R 3478
Resolution No. 3478 (1977 Series)
SECTION 3. In the event that a claim or judgment results from the
above described litigation against any or all of the above described employees,
the City shall pay any judgment based thereon or any compromise or settlement
of claim or action to which the City has agreed.
SECTION 4. In order to qualify for the protection afforded by this
Resolution, each employee shall reasonably cooperate in good faith in the
defense of the above named action.
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 20th day of December ,
1977.
ATTEST:
C' erc J. H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTI'E $ LILLEY
City Attorney
City Administrative .0 fi
-2-
i
RESOLUTION NO. 3477 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
GENERAL FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
following General Fund Appropriation Account be increased to provide
continued funding for the Personnel Department employee training program.
Account No.' Description Amount
01- 2714 -405 (30) Employee Training Projects $5,000. DR.
01- 0510 -000 General Fund Appropriations 5,000. CR.
01 -0600 -000 Unappropriated Fund Balance 5,000. DR.
On motion of Councilman Dunin , seconded by Councilman Settle
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 20th day of December
1977.
ATTENT:
.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILL Y
City Attorney
1
By Allen Grimes
Approved as to content:
City Administrative ficer
r
Finance 'rector
R 3477
Resolution No
3476 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
GENERAL FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
following General Fund Appropriation Account be increased to provide
continued funding of the Architectural Review Commission (ARC) meeting
expense.
Account No. Description Amount
01- 2611 -144 (OE) ARC Misc. Meeting Expense $300. DR.
01- 0510 -000
01- 0600 =000
General Fund Appropriation
Unappropriated Fund Balance
300. CR..
300. DR.
On motion of Councilman Pettersoxseconded by Councilman Jorgensen,
and on the following roll call vote:
AYES: Councilmen Duniri, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and
1977.
ATTEST:
CI
erk J. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
W
this 20th day of December ,
Approved as to content:
RESOLUTION NO. 3475 (1977 Series)
A RESOLUTION ON THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
WATER FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
following Water Fund appropriation be authorized to provide funding
to mail to each water customer within the City a Water Saver Kit to
encourage and promote water conservation.
Account No. Description Budget Amount
(50) 50- 6414 -405 Water Fund - Special $6,250.00 DR.
Projects (Water Savers)
50- 0510 -000 Water Fund - Appropriations $6,250.00 CR.
50- 0600 -000 Unappropriated Fund Balance $6,250.000 DR.
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 20th day of December,
1977.
ATTEST:
Cit erk- J-. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER
de la MOTTE F LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Mficer
RESOLUTION NO. 3473
i
(1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP OF TRACT 668, VILLA d'
LAUREL (LOCATED AT 1360 LAUREL LANE, WARREN F. DOLEZAL,
DEVELOPER).
i
WHEREAS, the following findings regarding the subject final map were made
in conformity with the State Subdivision Map Act:
Plan.
1. The map and subdivision design are consistent with the adopted General
2. The map promotes a development type and residential density which are
suitable for the physical characteristics of the site.
3. The subdivision design and related improvements will not cause sub-
stantial environmental damage nor would they be injurious to fish or wildlife or
their habitat.
4. The subdivision design and related improvements will not'be likely to
cause serious public health problems.
5. The subdivision and related improvements will not conflict with any
public easements for access throuqh or use of the subject property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the Final Map of Tract No. 668, Villa d'Laurel (Warren F. Dolezal, Developer)
be approved subject to the.conditions of the attached Exhibit "A" Subdivision
Agreement.
BE IT FURTHER RESOLVED that Exhibit "A" Subdivision Agreement is hereby
approved, and the Mayor is authorized to execute said agreement on behalf of
the City.
On motion of Councilman Settle
on the following roll call vote:
seconded by Councilman Petterson and
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None R 3473
•l
RESOLUTION NO. 3473
i
(1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP OF TRACT 668, VILLA d'
LAUREL (LOCATED AT 1360 LAUREL LANE, WARREN F. DOLEZAL,
DEVELOPER).
i
WHEREAS, the following findings regarding the subject final map were made
in conformity with the State Subdivision Map Act:
Plan.
1. The map and subdivision design are consistent with the adopted General
2. The map promotes a development type and residential density which are
suitable for the physical characteristics of the site.
3. The subdivision design and related improvements will not cause sub-
stantial environmental damage nor would they be injurious to fish or wildlife or
their habitat.
4. The subdivision design and related improvements will not'be likely to
cause serious public health problems.
5. The subdivision and related improvements will not conflict with any
public easements for access throuqh or use of the subject property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the Final Map of Tract No. 668, Villa d'Laurel (Warren F. Dolezal, Developer)
be approved subject to the.conditions of the attached Exhibit "A" Subdivision
Agreement.
BE IT FURTHER RESOLVED that Exhibit "A" Subdivision Agreement is hereby
approved, and the Mayor is authorized to execute said agreement on behalf of
the City.
On motion of Councilman Settle
on the following roll call vote:
seconded by Councilman Petterson and
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None R 3473
-T`ra Foregoing Resolution was passed and adopted this 20th day of
December. , 1977.
ATTEST:
City rk` Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
by Allen Grimes
Approved as to content:
City Administrat Officer
1 y Engineer
AGREEMENT
THIS AGREEMENT, dated this 21st day of December 1977 by and
between THE D0T.R7AT. W.,TANY lie-rein referred
i
to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City".
11 I T N E S S E T 11:
REFERENCE IS HEREBY M DE to that certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shoi,,.n on final "Map of Tract No. 668
Villa d'Laurel
City of San Luis Obispo, California ",
as approved by the City Council, on the 20th day of December ,19 77
WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No.668 ,
be accepted and approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
KH EREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
N0W THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS and SIDEWALKS
2. STREET BASE and SURFACING
3. WATER ,MAINS and SEWER AMAINS, including sewer laterals to the property
line and water services to the curb stop.
4. DRAINAGE STRUCTURES
S. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
shall be required to file a letter stating that the developer has prop-
erly installed all facilities to be provided by him, and that the said
utility is prepared to provide service to residents upon request.
7. ANY 6 ALL O711ER IMPROVEMENTS shown on plans or required by C.ity regulations.
All the above facilities shall he installed in the locations designated and to the
plans and specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall lie establshed by the
Subdivider 711 A('('(71Y1 (1 IIC l` with snirl innrovn(I i11111,c ;11111 �IV`c'1f11':117nnc.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30 ) days from the date of recording of the final map,
and that the work shall be completed within eighteen (18) months of said
recording date, unless an extension has been granted by the City Council, provided
that if completion of said work is delayed by acts of God or strikes, the Subdivider
shall have an additional period of time equivalent to such period of delay in which
to complete such work.. Any extension of time hereunder shall not operate to release
the surety on the Improvement Security filed pursuant to this agreement. In this
connection, the surety waives the provisions of Section 2819 of the Civil Code of
the State of California.
The Subdivider does also agree to comply with the following conditions establi-
shed by the Planning Commission and /or the City Council.
1. The developer shall pay to the City the sum of $643.00 (.0,64306 acres x
$1000.00 /acre) connection charge to the city water system.
2. The developer shall pay to the City the sum of $1,350.00 ($150 x 9 units)
for in -lieu park fees.
3. The developer shall install a new driveway ramp on Augusta Street frontage
and a handicapped ramp at the corner of Augusta Street and Laurel Lane.
4. The developer shall install 10 trees in the street tree easement.
5. Walls or fences shall be constructed along Laurel Lane frontage to provide
noise attenuation for adjacent outdoor areas to the standards specified in
the General Plan Noise Element.
As to public lands or section property included within said Subdivision, if any,
for the restoration of lost section corners and for retracement of Section lines, the
method followed shall be in accord with the instructions set forth in the "'Manual of
Instructions" for Survey of Public Lands of the United States, published by the
Commissioner of General Land Office, Department of. Interior, Washington, D.C.
-2-
The Subdivider here attaches hereto, and as an intL;ral part hereof, and as
security for the performance of this agreement, (instrument of credit /bond) approved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
performance of this agreement, which said (instrument of credit /bond) is in the amount
Of $ 2.000.00 , and which is in the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising
from faulty workmanship or materials or defective construction of said improvements
occurring within twelve (12) months after acceptance thereof. In accordance with
Section 11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of the work, City will release all but 10% of the
improvement security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in the improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said plans and specifications, and any approved modifications
thereto. Neither periodic or progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any breach of this
agreement.
If the Subdivider fails to complete the work within the prescribed time, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forefeited and utilize the proceeds to complete said
improvements, or City may complete said improvements and recover the full cost and
expense thereof from the Subdivider or his surety..
The Subdivider agrees to deposit with the City a labor and material bond in
the amount of 50% -of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 344, includes $144 for grading
from which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and certify
that they have been completed in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. In the event the
inspection fees exceed the sum of $ 344.00
the difference is to be paid
by the City of San Luis Obispo. The City reserves the sole discretion in determining
-3-
the amounts to be paid for salary and expenses of said inspector or inspectors.
Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled
"Subdivision" - All plans and specifications on file with said City Engineer as a
part of said Subdivision Map, and all other documents filed with the City by the
Subdivider and approved by the City Engineer are hereby referred to for further
particulars in interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Parties hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns
of the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's
contract unit prices and total bid prices for all of the improvements herein
referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
21Gt day of December , 1977
Approved as to form
torney Subdivider
21st day of December 1977 s% KENNETH E. SCHW'ARTZ
Mayor Kenneth E. Schwartz
Attest: SlJ. H. FrrZPATRiCK
-City Engineer City Clerk J.H. Fitzpatrick
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RESOLUTION NO. 3472 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 649
VILLAS de MADERA (LOCATED AT 2803 JOHNSON AVENUE,
V.I.P. FUTURE CORPORATION).
WHEREAS, the following findings regarding the subject final map were made
in conformity with the State Subdivision Map Act:
Plan.
1. The map and subdivision design are consistent with the adopted General
2. The map promotes a development type and residential density which are
suitable for the physical characteristics of the site.
3. The subdivision design and related improvements will not cause sub-
stantial environmental damage nor would they be injurious to fish or wildlife
or their habitat.
4. The subdivision design and related improvements will not be likely to
cause serious public health problems.
5. The subdivision and related improvements will not conflict with any
public easements for access through or use of the subject property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Final Map of Tract No. 649, Villas de Madera (V.I.P. Future
Corporation) be approved subject to the conditions of the attached Exhibit "A"
Subdivision Agreement.
BE IT FURTHER RESOLVED that Exhibit "A" Subdivision Agreement is hereby
approved, and the Mayor is authorized to ezecute'said agreement on behalf of
the City.
On motion of Councilman Settle , seconded by Councilman Dunin, and
on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None.
ABSENT: None
R 3472
the foregoing Resolution was passed and adopted this 2nth day of
December ! 1977•
ATTEST:
C er J.H. Fitzpatrick
Approved as to form:
.WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
by Allen Grimes
Approved as to content:
City Admi istrat Officer
JAN I ,;,NA...
ty neer
G C
AGREEMENT
THIS AGREEMENT, dated this 12th day of December
, 19 77 , by and
between V I P FUTURE CORPORATION herein referred
to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City"
W I T N E S S E T H:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shown on final "Map of Tract No. 649 ,
"Villas de Madera"
, City of San Luis Obispo, California ",
as approved by the City Council, on the 20th day of December ,19 77
WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. ,
be accepted and approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition_ of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS and SIDEWALKS
2.. STREET BASE and SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property
line and water services to the curb stop.
4. DRAINAGE STRUCTURES
S. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
shall be required to file a letter stating that the developer has prop-
erly installed all facilities to be provided by him, and that the said
utility is prepared to provide service to residents upon request.
7. ANY $ ALL OTHER IMPROVEMENTS shown on plans.or required by City regulations.
All the above facilities shall be installed in the locations designated and to the
plans and specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be establshed by the
Subdivider in nccor•danc. with ;,lid approved plugs and speciFications.
\r'
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30 ) days from the date of recording of the final map,
and that the work shall be completed within eighteen (18) months of said
recording date, unless an extension has been granted by the City Council, provided
that if completion of said work is delayed by acts of God or strikes, the Subdivider
shall have an additional period of time equivalent to such period of delay in which
to complete such work. Any extension of time hereunder shall not operate to release
the surety on the Improvement Security filed pursuant to this agreement. In this
connection, the surety waives the provisions of Section 2819 of the Civil Code of
the State of California.
The Subdivider does also agree to comply with the following conditions establi-
shed by the Planning Commission and /or the City Council.
1. The developer shall pay to the City the sum of $1,950.00 (13 units x $150)
for in -lieu park fees.
2. The developer shall pay to the City the sum of $1,411.55 ($1000.00 x 1.41155 Ac.)
for water acreage fees.
3. The developer shall plant four (4) trees in the street tree easement along
Johnson Avenue.
4. The garage for the existing residence, which has been converted to residential
use, shall be restored to a garage.
5. The developer shall plant all graded areas with an approved planting and
maintain this planting so as to have a good ground cover prior to acceptance
of the subdivision by the City..
6. Grading permit fees in the amount of $ 146.00 shall be deposited with
and treated as normal subdivision inspection fees.
7. The developer shall deposit with the City a cash bond in the amount of
$ 732.00 to assure the final monumentation of the subdivision.
Said deposit will be released to the developer upon receipt by the City of
a letter from the Engineer indicating he has been paid for his work.
Engineer shall provide.the City with a certificate indicating all buildings
are located completely within their lots.
As to public lands or section property included within said Subdivision, if any,
for the restoration of lost section corners and for retracement of Section lines, the
method followed shall be in accord with the instructions set forth in the "Manual of
Instructions" for Survey of Public Lands of the United States, published by the
Commissioner of General Land Office, Department of Interior, Washington, D.C.
-2-
The Subdivider hereby "attaches hereto, and as an integral part hereof, and as
security for the performance of this agreement, (instrument of credit /bond) approved
by and in favor of the City of San Luis Obispo; and conditional upon the faithful
performance of this agreement, which said (instrument of credit /bond) is in the amount
of $ 18,500.00 and which is in the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising
from faulty workmanship or materials or defective construction of said improvements
occurring within twelve (12) months after acceptance thereof. In accordance with
Section 11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of-the work, City will release all but 100 of the
improvement security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in the improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished;
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said plans and specifications, and any approved modifications
thereto. Neither periodic or progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any breach of this
agreement.
If the Subdivider fails to complete the work within the prescribed time, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit,. or cash deposit, which has been posted by Subdivider; to
guarantee faithful performance„ forefeited and utilize the proceeds to complete said
improvements, or City may complete said improvements and recover the full cost and
expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the.City a labor and material bond in
the amount of 50o-of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 555.00, +,146.00 ,
from which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision improvements and certify
that they have been completed in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. .In the event the
inspection fees exceed the sum of $ 701.00 the difference is to be paid
by the City of San Luis Obispo. The City reserves the sole discretion in determining
-3=
G O
the amounts to be paid for salary and expenses of said inspector or inspectors.
Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled
"Subdivision" - All plans and specifications on file with said City Engineer as a
part of said Subdivision flap, and all other documents filed with the City by the
Subdivider and approved by the City Engineer are hereby referred to for further
particulars in interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Parties hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns
of the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's
contract unit prices and total bid prices for all of the improvements herein
referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
12th day of December , 19_7
Approved as to form
O
ty Attorney
14 day of 19 ? 7
7/1 i:,y .6� . er
V I P FUTURE CORPORATION
Subdivider
BY:
sJ KENNETH E. SCHWARTZ
Mayor Kenneth E. Schwartz
Attest: sj J. K FITZPATRICK
City gineer City Clerk J.H. Fitzpatrick
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RESOLUTION NO. 3471 (1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL
MAP NO. SLO -76 -583 (FRED JULIEN, APPLICANT, 500
HATHWAY).
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 -583 at their meeting of September 20, 1976 that are on file in
the City Clerk's office.
SECTION 2. The Council now grants final approval of Parcel Map No. SLO -76-
583 (Fred Julien, Applicant, 500 Hathway).
On motion of Councilman Settle
and on the following roll call vote:
seconded by Councilman Dunin ,
AYES: Councilmen Dunin, Jorgensen, Settle, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and
1977.
ATTEST:
C1 el*C J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE.& LILLEY
A Professional Corpor on
by Allen Grimes
this 20th day of December
r Kenneth E.
Approved as to content:
City Administrative Off4cer
R 3471
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RESOLUTION NO. 3410 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO REVOKING ALL PROSECUTORIAL DUTIES AND POWERS
OF THE OFFICE OF THE CITY ATTORNEY FOR CRIMINAL CASES.
WHEREAS, on June 24; 1976; and. extended on December 8; 1976, and June 30,
1976, the City of San Luis Obispo entered into an agreement with the law firm
of Davis, Wendt, Mitchell,$ Sinsheimer, attorneys at law, now known as Wendt.,
Mitchell, Sinsheimer, de la Motte & Lilley., attorneys at law, to perform legal
"services for the city including the perfo lance of the services of city attorney;
and
WHEREAS, in performing their functions as city attorney it is necessary
for Allen Grimes and Dale Mitchell..to prosecute misdemeanor cases 'involving .
city ordinances;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That all prosecutorial duties and powers which are imposed
upon the office of the city attorney in the criminal enforcement of violations
of the San Luis Obispo Municipal Code are hereby revoked.
SECTION 2. All criminal code enforcement shall be accomplished by
special counsel to be selected by the City Council and no member or associate
of the firm of Wendt, Mitchell, Sinsheimer, de la Motte & Lilley shall have
further criminal prosecutorial duties or powers.
SECTION 3. This resolution ratifies and confirms that Melvin A. de la
Motte, Jr, and Robert B. Lilley., members of the firm of Wendt, Mitchell,
Sinsheimer, de la Motte 4 Lilley did not exercise any prosecutorial functions
for the city from and after December 2, 1976.
R 3470
c -.
Resolution No. 3470
"D
(1977 Series)
SECTION 4: This resolution is intended to fully comply with the
requirements of Section 41805 (a)(1) of the California Government. Code.
On motion of Councilman Settle seconded by Councilman Jorgensen,
and on the following roll call vote:
AYES: Councilmen Settle, Jorgensen, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this _5th day of _December
1977.
ATTEST:
_Ora�kt3 lerk J. H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SID
de la MOTTE $ LILLE)
City Attorney
By Allen Grimes
IMER,
RESOLUTION NO. 3469 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO FINDING AND DETERMINING
THAT A PORTION OF MURRAY AVENUE IS UN-
NECESSARY FOR PRESENT OR PROSPECTIVE
STREET PURPOSES AND ORDERING THE ABANDON-
MENT OF SANE.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. In accordance with the public hearing duly held this
date pursuant to Division 9, Part 3, Chapter 2 of the California
Streets and Highways Code and Resolution No. 3136, this Council
finds and determines that the shaded portion of Murray Avenue
shown on Exhibit "A" map attached hereto, and incorporated
herein, is not necessary for present or prospective public
street purposes and said portion is hereby ordered abandoned
subject to reservation of the easement for utilities, pedestrians
and bicycles as described on Exhibit "B" attached hereto and in-
corporated herein by reference.
2. The City Clerk shall cause a certified copy of this
Order of Abandonment to be recorded in the San Luis Obispo County
Recorder's Office.
On motion of councilman Dunin seconded by
Councilman Settle and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
R 3469
RESOLUTION NO., 3469
(1911 Series)
the foregoing Resolution was passed and adopted this 20th_ day
of December- 1971.
ATTEST•
-Clerk J.'H. Fitzpatrick �
Approved as to form:
WENDT, MITCH.ELLr'SINSHEIMER,
de la MOTTE.& L LLEY
City Attorney
KI
Apprgved as to content:
City Admirfis t-rat-iva%.@f f-icer
A Stf \ "'\ -&a -
Community Develo �' enF "Dix'ector-
P, M
ity EnC--'� n66f
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EXHIBIT A"
A permanent easement.is hereby reserved for Pacific Gas
& Electric Company, Southern California Gas Company,
Pacific Telephone and Telegraph Company and the'City of
San Luis Obispo for their utilities in their present
location and the installation and maintenance of new
facilities within the easement described below:
Beginning at the northwest corner of Block 2 of the
Arlington Addition as.recorded in Book 1 of Maps, at
Page.24 in the office of the County Recorder; thence
easterly along the southerly line of Murray Street
to the westerly line of the Southern Pacific Railroad
Company R /W, thence northwesterly along said railroad
R/W to the northerly line of Murray Street; thence
westerly - along.said northerly line of Murray Street to
the southwesterly corner of Block 3 of said Arlington
Addition; thence southwesterly to the northwest corner
of Murray and Hathway; thence easterly on a prolongation
of the northerly line of Murray a distance of 10:00 feet
more or less, thence on a curve to the southeast tangent
to the northerly line of Murray Street with aradius.of
40.00 feet to a point of tangency on the easterly line
of Hathway Street; thence northerly along said southerly
line of Hathway Street to the P.O.B.
A permanent easement for bicycles and pedestrian access
along a portion of Murray Street more particularly de-
scribed as 12' in width, 6' either side of the centerline
of Hathway Street within the areas shown on Exhibit "A ".
O 9 '18"
RE,.IUTION NO. 3468 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 77 -227
LOCATED AT 1104 IRIS STREET.
BE.IT RESOLVED by the Council of the City of San Luis Obispo as follows:
(A) That the Council, after consideration of the tentative map of Minor
Subdivision 77 -227 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1. The proposed parcel map and design are consistent with the general plan.
2. The site is physically suited for the proposed type and density of develop-
ment permitted by the R -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 Minor Subdivision 77 -227 be
subject to the following conditions:
1. All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
2. Applicant shall install curb, gutter and sidewalk across entire Iris
Street frontage and continue the improvements across the Henry Street
right -of -way with a radius connecting with frontage improvements on the
west side of Henry Street. The improvements shall consist of curb, gutter,
sidewalk, driveway ramp and drainage system acceptable to the city engineer.
3. The driveway, at radius, shall be a minimum of 16 feet. Applicant shall
pave a 24 ft. access driveway from Iris Street to railroad property to
the approval of the city engineer.
4. All existing utilities in the abandoned portion of Henry Street shall be
included in an easement acceptable to the city engineer.
5. Any applicable city water and sewer charges as determined by the city
engineer shall be paid prior to final map approval.
On motion of Councilman Settle seconded by Councilman Dunin
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`adoted this 20th day of December, 1977.
Kenneth E. Schwartz
R 3468
Council Resolution NLA468
Page 2
Minor Sub. 77 -227
ATTEST:
Ct eft Fitzpatrick
Approved as to form:
Wendt, Mitchell, Sinsheimer, de la
Motte..& Lilley, City torney
By: Allen Grimes
o�
Approved as to content:
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PRIEST RICHMOND rilIt"�4,- I'',' by VM,:. sheet no.,
WOLF &, ROSSI ckd.
ARCHITECTURE PLANNING 1%I, date !D 10
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547 MARSH STREET 7
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SAN LUIS OBISPO,CA.93401 �91e�
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lrN •w:5i
RESOLUTION NO. 3467 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APP90VING AN AGREEMENT BETWEEN THE CITY AND
STEPHEN N. COOL FOR PROSECUTION OF MUNICIPAL CODE.
VIOLATIONS.
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
Stephen N. Cool to provide prosecutorial services for Municipal Code violations
on an hourly basis,
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:. Stephen N. Cool,
the City Attorney's Office and the Finance Department.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Patterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of December ,
1977.
t
ATTEST:
I
Cit arc.
R 3467
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
�J
Approved as to content:
City Administrative 'cer
C
December 6, 1977
yvz %zee , eow
LAW'
52S -D GRAND
POST OF ICr Box 231
GROPER CITY, CALIFORNIA 93433
TFLEPHONE (805) 459- 8433
Honorable City Council
City of San Luis Obispo
City Hall
San Luis Obispo, California 93401
Attention: Allen Grimes, Esq.
City Attorney
Dear Sirs:
In response to an inquiry from your City Attorney, I am
Presenting this proposal for the furnishing of prosecutrial
services to the City for ordinance and other code enforcement
matters.
I would be willing to furnish such services at a flat rate
of $50 per hour. This would include office and court time
and would include conferences, telephone calls, correspondence,
drafting and other services. Out -of- pocket expenses, such as
mileage (at 15 cents per mile), long distance calls, etc.,
would be billed additionally. I would propose that this
arrangement be cancellable by the City at any time and by the
undersigned upon 30 days notice. I would also propose that this
arrangement be renewable annually as of July 1 by mutual agree-
ment.
If the above proposal is acceptable to your Council, please
arrange for a copy of this letter to be signed and returned
to me.
Respectfully submitted,
STEPHEN N. COOL
snc:pce
EXHIBIT „A„
RESOLUTION NO.
3466 (1977 Seri'E_,'
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING THE JOINT POWERS
AGREEMENT WITH THE MONTEREY BAY AREA REGIONAL
TRAINING CENTER.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. That certain addendum amending the joint powers agreement between the
City and Monterey Bay Area Regional Training Center and its member agencies, a
copy of which is on file in the Office of the City Clerk, is hereby approved
and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution together with
19 copies of the addendum approved by it to: Monterey Bay Area Regional Training
Center and one copy to City Personnel Director
On Motion of .Councilman Settle ,:seconded by Councilman Petterson
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
1977.
ATTEST:
�C16rKZH. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SIN HEIMER,
DE LA MOTTE & LILLE INC.
City Attorney
By Allen Grimes
this 6th day of December
Approved as to content:
•
City Administrate Officer
Personnel Dire c r
R 3466
ADDENDUI�l AMENDING
JOINT PNTERS AGREEMENT
P•iONTEREY BAY AREA; REGIONAL TRATNING CENTER
WHEREAS, it appears to be in the best interest of all
concerned that local agencies within the County of Santa Barbara
desiring to join in and participate in the Monterey Bay Area
Regional Training Center, should be permitted to'do so on the same
basis as those entities within the original contemplated four
county area
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
In consideration of the foregoing premises, and the
mutual covenants hereinafter set forth, and the terms and con-
ditions of the original Joint Powers Agreement for the Monterey
Bay Area Regional Training Center, in the form on file with the
respective entities signatory thereto, this agreement provides
as follows:
1. Notwithstanding any provision of the original Joint
powers Agreement for the Monterey Bay Area Regional Training
Center, it is hereby agreed that local government agencies, as
defined in said agreement in and.from the County of Santa Barbara,
shall be eligible to join in and participate in the said agreement
by execution thereof in the same manner as local government
agencies within the original contemplated four county area.
IN W'ITNE'SS P;f!1 "REOF the respective parties have executed
this a,rec:nent by their respective, duly - authorized officers on
the Hate set forth vrith their signatures.
CITY
()F GON7.ALES
By
--
- --r---
CI'T'Y
OF GREENFI LLD
By-
- - --
14
CITY OF PASO ROBLES
Date: By _Date
— I'layor
By Date
City_Cler
Date CITY OF SALINAS
Mayor
By
_Date
HAR'TNELL COF1mUNITY
COLLEGE
Mayor
By
Date
CITY OF
SANTA CRUZ
Mayor
By
Date_
CITY OF HOLLISTER
City
Manager
By
Date
COUNTY OF SANTA CRUZ
Afavor
By
Date
CITY OF KING
CITY OF.SEASIDE
By
Date
,lay-or
By
Date
Mayor
CITY OF M,ARINA
CITY OF
W'.ATSONVILLE
By
Date
Mayor
By
Date
ity
anager
CITY OF MONTEREY
CITY OF
ANTA bLARIA
By
Date
Mayor
tezl
B y
ity 1 trator
COUNTY OF MONTEREY
F IENDS
OU
By
Date
BY
DATE
C airman,
Board of Supervisors
-
CALIFORNIA YOUTH
AUTHORITY
CITY of
SAN LUIS OBISPO
BY
DATE
By s% f:° 'N71. E. S_ C_ HWARTZ
De-on - B 1977
Mayor
RESOLUTION NO. 3465 (1977 Series)
A. RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
THE APPROPRIATION OF FUNDS RECEIVED UNDER THE FEDERAL ANTIRECESSION
ASSISTANCE ACT.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
appropriation of Federal Antirecession Assistance funds are authorized to
maintain basic services and levels of public employment.
Account Description Budget
60- 3623 -484 Antirecession Assistance Program
6th Quarter Allocation
Dept.
30
Personnel - Training
$ 537.
DR.
SO
Public Service - Parks Maintenance
500.
DR.
80
Fire Department - Supplies
3,660.
DR.
80
Fire Department - Hydrant Maintenance
11,500.
'DR.
16,197.
60- 1437 -010
Antirecession Assistance Program
6th Quarter Revenues Received
161197.
CR.
On motion of Councilman Settle seconded by Councilman Petterson ,
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 6th day of December ,
1977.
ATTEST:
946r
ie
C' Crq.3;5?'1.H. Fitzpatrick
R 3465
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
c
By Allen Grimes
Approved as to content:
BUDGET ESTIMATES
Federal Antirecession Assistance
6th Quarter Allocation
Dept. 30 Personnel - Training
Contract Services, one day management training .
session to be conducted by Professor Mel Le Baron $ 537.
50 Public Services - Park Maintenance
Decomposed granite for Santa Rosa Park
softball field 500.
Dept. 80 Fire Department
Supply Items
Fire Extinguishing Chemicals
$ 1,000.
Public Information Materials
200.
Recording Cassettes
80.
Dry Cell Batteries
75.
Photographic Supplies
500.
Protective Clothing
440.
Office Supplies
600.
Hydrant Painting Supplies
765. 3,660.
Hydrant Maintenance
Contract Service, Fire hydrant
rethreading program 11,500.
16,197
RESOLUTION NO. 3464 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
DUENOW, BURKE & SMITH FOR LEGAL SERVICES FOR POLICE
CHIEF IN APPEAL OF DISCIPLINE BY LT.. LARRY LUNSFORD.
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
Duenow, Burke & Smith for legal services for Police Chief Roger Neuman in the
appeal of disciplinary action by Lt. Larry Lansford,
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: James M. Duenow.of
Duenow, Burke & Smith; Police Chief Roger Neuman and the Personnel Director
On motion of Councilman Settle ,.seconded by Councilman Petterson,
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 6th day of December ,
1977.
ATTEST:
Ci er . Fitzpatrick R 3464
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
C
Approved as to content:
City Administrative Offi
�C
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made this day of ��rJ —, , 1977,
by and between THE CITY OF SAN LUIS OBISPO, a municipal corpora-
tion, hereinafter called "City," and JAMES M. DUENOW of the law
firm of DUENOW, BURKE & SMITH, hereinafter called "Contractor."
R E C I T A L S
WHEREAS, a.protest of disciplinary action has been filed
with the City Council against the City's Police Chief; and
WHEREAS, City has agreed to provide legal representation
for the Police Chief in this action;
NOW, THEREFORE, City and Contractor, for the considerations
hereinafter set forth, agree as follows.:
1. Scope of Work.
Contractor agrees to provide professional services for
the work as follows:
Representation of Police Chief Roger Neuman in the appeal
of disciplinary action filed by Lt. Larry Lunsford.
2.. Compensation.
City agrees to pay Contractor as compensation for his
services as follows:
$50.00 per hour for actual hours expended.
3. Payment.
Contractor shall submit claims for payment for services
provided under this agreement monthly to the City Attorney's
Office for processing for payment.
4. Contractor's Responsibility.
Contractor shall attend the necessary conferences with
the Police Chief, Personnel Director, City Administrative officer,
City Attorney and other such officers of the City as may be neces-
sary in order to assure-the proper performance of this agreement.
Contractor agrees to use his best efforts to carry out the terms
specified herein and the City naturally agrees not to interfere
with this effort.
5. City's Responsibility.
City shall provide full information as to its requirements
for the work to be performed by Contractor.
6. Termination..
This agreement may be terminated by either party upon.
fifteen (15) days written notice should the other party fail
substantially to perform in accordance with its terms through
no fault of the other. In the event of termination, due to the
fault of others than Contractor, Contractor shall be paid for
services performed to termination date, including reimbursement,
if any, then due.
7. Conflicts of Interest.
Contractor agrees not to accept any employment during
the term of this agreement by any other person, firm, or corpor-
ation which employment is or may likely develop a conflict of
interest between the City's interests and the interests of third
parties. "Conflict" as used herein shall be as defined and
interpreted in accordance with §1090 of the Government Code.
- 2 -
8. Time is of
e Essence.
Time is of the essence of this agreement and Contractor
shall prosecute the work provided for with such diligence as to
complete the work at the earliest possible date.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
ATTEST:
s7 J. H. FITZPATRICK
City Clerk
Aprpoved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorn y
k
By Allen Grimes
CONTRACTOR: DUENOW, BURKE &
SMITH
CITY OF SAN LUIS OBISPO
s% KENNETH E. SCHWWARTZ
By Mayor Kenneth E. Schwartz
Approved as to content:
City A"dministrati"ve fficer
Police-Chief
- 3 -
V
RESOLUTION NO. 3463 (197.7 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
ELWOOD M. STONE FOR REIMBURSEMENT FOR A WATER LINE
WHEN ADDITIONAL PARCELS MAKE CONNECTION TO SAID LINE.
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
Elwood M. Stone for reimbursement for water line construction when additional
parcels connect to the waterline,
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: Ellwood M. Stone,
Community Development Department:, Utilities. Division
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 6th day of. December ,
1977.
ATTEST:
Ci erk J.H. Fitzpatrick
R 3463
v
AGREEMENT AFFECTING REAL PROPERTY)
This Agreement, dated November 15, 1977,.for the convenience of the
parties hereto, is between the CITY OF SAN LUIS OBISPO (sometimes referred
to herein as "City ") and ELLWOOD M. STONE, the fee owner and developer of
the real property described herein (sometimes referred to herein as "Developer ").
WITNESSETH:
WHEREAS, the City has required as a condition of development that Developer
construct the following described water system improvements:
and
Construction of an eight inch (8 ") water main connecting to an
existing main on Meadow Street and extending two hundred and
fifty two feet (252') west on Lawrence Drive;
WHEREAS, said water system improvements have.benefited the City in ful-
filling its obligation to provide present and future adequate water service
to dwellings located at 303, 307, 309, 397 -399 Lawrence Drive, and 2713 Meadow
Street, San Luis Obispo, California, and more particularly described upon
Exhibit "A ", attached hereto, and incorporated herein by reference; and
WHEREAS, Developer has constructed said water improvements as.required
by City;
NOW, THEREFORE, City agrees to reimburse Developer in the following
manner:
1. For parcels marked 1, 2, 3, and 4, City will reimburse Developer for
water main construction costs in the amount set forth in Exhibit "B ", attached
hereto, and incorporated herein by reference, at such time as the City connects
said parcels to the water line constructed by Developer.
2. Developer agrees that City shall have ownership of said water main
with rights to connect as deemed necessary.
3. For parcels 7 and 8, upon development of these lots and connection
to the water main, City will reimburse Developer for water main construction
costs in the amounts set forth on Exhibit "B" if connections Are made by
November 15, 1992.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed.
Dated: December 8, 1977
ATTEST:
City Clerk J.H. Fitzpatrick
DEVELOPER:
... . .
OF SAN LUIS OBISPO
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EAHIBIT `T
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5EE .477,4CX&V .PATE SM Lt -r
Ia- z COSTS TO CONNECT TO
&Z71/ 6 /Ne)y L /NE - ,PEFEQ TO
Nuti/5E25 IN CIRCLE -S.
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EXHIBIT "B"
LAWRENCE DRIVE WATERLINE EXTENSION
Reimbursement Agreement
Developer: Ellwood M. Stone
Installed by: Blackstone Construction Co.
Contract cost:
$4,.921.14
Credit for 1" service 260.00
Net cost to developer $4,661.14
* as per attached map
Total frontage feet
benefited
606.68 feet
Construction cost per
frontage foot
$ 7.68303 per foot
Reimbursement
rate: (actual cost + 10%
$ 8.45 per foot
overhead)
Reimbursement Schedule*
Lot No.
Frontage
Reimbursement
Foot
Total
1
70
$ 591.59 **
2
100
845.13 **
3
66.45
561.59 **
4
68.45
578.50 **
5
60
).none -
)developer-
6
100.05
)owned
7
41.73
352.68 **
8
100
845.13 **
606.68
** $3,774.62
* as per attached map
3
y�� 2
J
RESOLUTION NO. 3462 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
RICHARD B. TAYLOR & ASSOCIATE, ARCHITECT, FOR MISSION
PLAZA EXPANSION DESIGN WORK..
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
Richard B. Taylor & Associate, Architect, for design work for Mission Plaza
expansion,
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: Richard B. Taylor
& Associate; the Community Development Department
On motion of Mayor Schwartz seconded by Councilman Jorgensen
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle, Petterson and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 6th day of December
1977.
ATTEST:
Ci _Clerk J.H. Fitz'patfick
R 3462
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative OffTftr
T
Project kanaiger .
' l
CONTRACT BETWEEN THE CITY OF SAN LUIS OBISPO AND RICHARD B. TAYLOR
AND ASSOCIATE, ARCHITECT, LANDSCAPE ARCHITECT AND PLANNING CONSULTANT, FOR
PROFESSIONAL DESIGN SERVICES RELATIVE TO MISSION! PLAZA EXTENSION IN THE
CITY OF SAN LUIS OBISPO, CALIFORNIA.
THIS AGREEMENT, made and entered into this 8th day of
December, 1977 by and between the City of San Luis Obispo, a municipal
corporation hereinafter called the CITY, and Richard B. Taylor and
Associate, hereinafter called the Architect.
WITNESSETH:
WHEREAS, it has been determined that an extension to Mission Plaza
along San Luis Obispo Creek between Broad Street and Nipomo Street would
be of benefit to the City and
WHEREAS, the Architect is duly registered in California as both an
architect and landscape architect and is capable of furnishing the pro-
fessional services herein referred to and is equipped, qualified and
experienced in design of this type, and
WHEREAS, the City Council of San Luis Obispo is qualified to act as
agent for the CITY in the administration of this contract and is herein
authorized to direct the commencement of work and disbursement of funds
at its discretion subject to CITY administrative procedures and the terms of
this contract;
NOW, THEREFORE, it is hereby mutually agreed by and between the parties
hereto as follows:
SECTION! 1.0 EMPLOYMENT
The CITY hereby employs ARCHITECT as an independent contractor, to
furnish the professional services covered by this Agreement upon the terms
and conditions set forth below, and ARCHITECT hereby accepts such employment.
SECTION 2.0 DESCRIPTION OF PROJECT
The project contemplated by this Agreement, and the general location
thereof, is described as follows:
Landscape and architectural design for the extension of Mission Plaza,
to be located along San Luis Obispo Creek, between Broad Street and Nipomo
Street within the boundaries drawn on the attached map marked "Exhibit A ",
within the City of San Luis Obispo, County of San Luis Obispo, State of
California.
SECTION 3.0 ARCHITECT'S SERVICES
Insofar as they may be applicable to the project contemplated by the
Agreement, Architect shall render the services and furnish the items described
as follows:
- 2 -
1. Preliminary Master Plan, to be worked out in cooperation with the Plaza
Expansion Committee and other designated representatives of the.CITY. It
would place major emphasis on preserving and enhancing the natural beauty of
the site. The Preliminary Master Plan would indicate basic initial construc-
tion program and possible future phases. It will show basic landscape treat-
ment and the general nature of proposed improvements and modifications.
2. Plans and Specifications. Upon approval and acceptance of the Preliminary
Master Plan, the Working Drawings and Specifications would be done, consisting
of the following:.
A. Grading Plan, showing minimal grading necessary to provide adequate
drainage, minimize erosion, and conserve creek and site conditions during and
after construction. Design shall be acceptable to City and Department of
Fish and Game. Profiles-and cross - sections of the creek
shall be provided to illustrate present conditions and planned alterations.
B. Staking Plan, showing exact locations and dimensions of all paved
areas, planters, steps, walls, benches, drinking fountains, and pathways
providing for safe pedestrian traffic flow and maintenance equipment access
to creek.
C. Construction Details, showing how to construct all walls, walks,
steps, ramps, handrails, benches, and other construction features. Design
of the details would conform to the existing Plaza. Bridge design shall
include structural calculations and location and height of landings, deck,
railing, clearance of floodway and similar details.
D. Irrigation Plan, an efficient and economical system of automatic
sprinklers and quick couplers utilizing PVC pipe.
E. Lighting Plan, walk lights and up- lights illuminating trees conforming
to those in the existing Plaza would be utilized to provide low level lighting
for safety and attractiveness.
F. Planting Plan, a low maintenance plan, utilizing existing plant
material where possible and employing native species to provide an indigenous
character. A plant list shall be provided, listing common and botanical
names of all plants, total quantities and recommended sizes.
G. Final Cost Estimate, the Architect shall furnish a final cost
estimate for the work based on the latest unit cost information.
H. Specifications and Bidding Documents, outlining the scope and
details of the work to be performed by the Contractors for bidding and
construction purposes.
- 3,,-
SECTION 4.0 DUTIES OF ARCHITECT
1. Upon execution of this Agreement, Architect shall commence with the
performance of Architect's services specified in Section 3.0. Said items
shall be performed in accordance with the following tentative schedule:
Item 1. Preliminary Master Plan shall be completed approximately 45
days,after execution of agreement.
Item 2. Plans and Specifications, shall be completed approximately
3 months after property acquistion and approval of Preliminary
Master Plan.
Item 3. Plans and Specifications shall include subitems A through H,
inclusive,for the basic initial construction program.
2. Architect shall attehd necessary conferences with CITY or agents of CITY
to consult on the progress of Architect's services including presentations to
the Design Review Board, Architectural Review Commission, Planning Commission
and City Council. At least six such conferences and presentations are
anticipated.
3. Architect shall prepare all items of service listed in Section 3.0 in
such manner and in such form that they will receive approval from the
proper local, Federal, State or other governmental agency having jurisdication
or authority to approve them, including City, Zone 9, and Department of
Fish and Game. Architect shall not be required to make presentations to above
agencies under the terms of this agreement, but if requested, he shall make
such presentations on an extra services, hourly basis.
4. Architect shall obtain, and keep in full force and effect, compensation
insurance necessary in connection with the.performance of this Agreement to
protect himself and employees under the Workman's Compensation Insurance and
Safety Act. Such insurance shall relieve CITY from all responsibility there-
for. Architect shall obtain and keep in full force and effect during the
term of this Agreement professional liability insurance acceptable to CITY.
5. Additional Services, the following services shall be provided when
authorized in writing by the CITY, and they shall be paid for by the CITY
as herein provided:
A. Providing planning surveys, site evaluations or environmental
studies.
B. Providing design services relative to future facilities, systems
and equipment which are not intended to be constructed as part of the initial
Project.
C. Preparing documents for alternate bids or out -of- sequence services
requested by the CITY. .
0 - 4 - 0
D. Making revisions in Drawings, Specification or other documents when
such revisions are inconsistent with written approvals or instructions pre-
viously given and are due to causes beyond the control of the Architect.
E. Preparing a set of reproducible record prints of drawings shoving
significant changes in the work made during the construction process, based
on marked -up prints, drawings and other data furnished by the Contractor to
the Architect. ( "as builts ")
F. Providing services after award of bid for Project construction.
G. Preparing to serve or serving as an expert witness in connection
with any public hearing, arbitration proceeding or legal proceeding.
H. Providing services of professional consultants for other than the
normal structural, mechanical and electrical engineering services for the
Project.
I. Providing any other services not otherwise included in this Agree-
ment or not customarily furnished in accordance with generally accepted
architectural practice.
SECTION 5.0 DUTIES OF
1. CITY shall make available to Architect a topographic survey and all other
necessary data and information required by him to facilitate design meeting
the requirements of this agreement.
2. CITY shall furnish Architect with engineering site surveys of the
properties upon which the Project is to be built pursuant to this Agreement.
Such surveys shall be prepared by registered surveyor or civil engineer,
and shall indicate existing sturctures, land features, improvements, sewers,
water, gas, electrical and utility lines, including inverts and depths,
elevations and boundary dimensions of site.
3. The CITY shall furnish the services of a soils engineer or other
consultant when such services are deemed necessary by the•CITY; including
soils reports, test borings, or hydrological and habitat information with
appropriate professional recommendations.
4. The services, surveys, tests and reports required by paragraphs 2 and 3
of this Section 5.0 shall be furnished at CITY'S expense and the Architect
shall be entitled to rely upon their accuracy and completeness.
SECTION 6.0 MISCELLANEOUS PROVISIONS
1. CITY'S approval and acceptance of any item of service specified in Section
3.0 shall mean the work may proceed as approved; provided,. that if extra work
or fundamental changes in any item of service is requested by CITY after
approval is issued, Architect will undertake such extra work or fundamental
change only upon request in writing from the CITY outlining the work or
change, and Architect shall receive compensation for preparing such extra
work or making such change in accordance with Section 7.0.
2. The working drawings and specifications shall be prepared so that the
work will be executed under one contract; provided., that if CITY shall desire
any part of the work to be done under separate contracts (e.g., general
contracting, plumbing, electrical, painting, etc.), Architect shall be
notified by CITY to prepare working drawings and specifications in such
manner and form as will permit the letting of separate contracts. In the
event separate contracts are requested by CITY, Architect shall be paid
such additional fee for services necessary to prepare such plans, drawings,
and specifications in accordance with Section 7.0.
3. Architect shall not assign any rights or duties under this Agreement to
a third party without written consent of CITY. This Agreement shall be binding
on Architect, his partners, successors, executors, administrators and heirs.
4. Records of Architect concerning the basis of computation for his extra
services and records of accounts between CITY and Contractor, shall be kept
on a generally recognized accounting.basis and shall be. available to CITY or
its authorized representative at reasonable times during normal business hours.
5. All work prepared pursuant to this contract including plans, specifications,
calculations, sketches, and drawings shall be the property of the CITY and
shall be delivered thereto upon demand. The Architect may retain copies at
his own expense.
6. Architect shall provide illustrative site plans and renderings and repro-
ducible originals of site plans and working drawings and specifications. CITY
shall reproduce the desired number of copies of reproducible items.
SECTION 7.0 ARCHITECT'S COMPENSATION AND METHOD OF PAYMENT
1. The CITY agrees to pay Architect, for and in consideration of the perfor-
mance of items of service herein set forth, a fee equal to $4,500 for master
site planning plus 7% of the architect's cost estimate or the low bid for the
project approved by the CITY, whichever is lower, including alternate items
requested by the City, if any, exclusive of inspection services. The cost
estimate does not include cost of land acquisition nor special services of
other Consultants, but only covers the project designed by the Architect to
be built under City contract.
C %/
2. agrees to pay Architect, for an in consideration of authorized
extra work performed by Architect, if any, including fundamental changes in
the items of service., such amount as is mutually agreed upon by the parties
hereto, provided:
-6-
A. That said extra work or fundamental changes shall have been first
authorized in writing by CITY: and
B. Unless otherwise agreed to in writing, the amount or rate of
compensation to be paid Architect for such extra work or fundamental changes
shall be $40.00 per hour for additional architectural services including
public presentations, or consultations requiring Architect's personal services;
$22.00 per hour for consultations requiring an associate's time and 2 1/2
times payroll costs for draftsmen's time.
C. Change Orders which are made for the convenience of the Architect
shall not be deemed extra work;or fundamental changes.
SECTION 8.0 PAYMENTS UNDER THIS AGREEMENT
1. CITY shall pay Architect for completed and approved items of service
described in Section 4.0 hereof the amounts set forth as follows:
A. Preliminary Master Plan Designs: A sum of $4,500.00.
B. Working Drawings and Specifications: A sum equal to seven percent
(7%) of the Architect's cost estimate or the low bid for the project approved
by CITY, whichever is lower, including alternate items requested by the CITY,
if any. This sum, when added to payments under 1.A, will equal the total fee,
upon acceptance and approval by the CITY, regardless of whether drawings and
specifications are used immediately for bidding or construction contract.
2. Payment for Extra Work or Changes. Payment for extra work or changes in
the work authorized by CITY shall be payable upon the first of the calendar
month following the month in which said services were performed upon submission
by Architect of a statement of itemized costs covering said work, and shall be
computed pursuant to Section 7.0, #2 herein, unless otherwise mutually agreed.
SECTION 9.0 CANCELLATION OF AGREEMENT OR SUSPENSION OF PROJECT
1. Architect may cancel this Agreement or suspend work hereunder upon
written notice to CITY in the event that the CITY has not approved an item of
service, within forty -five (45) days after the same has been submitted to CITY
for approval; provided that CITY may have such time as may be necessary to
request and confirm changes in the work.
2. CITY may cancel this Agreement or suspend work on the Project immediately,
provided that such notice of cancellation or suspension shall be given in
writing. Architect agrees to cease all work under this Agreement upon receipt
of said notice.
-
i
3. In the event of cancellation of this Agreement or suspension of work on
the project by either CITY or Architect, Architect shall recieve compensation
as follows:
A. For approved items of services under Section 3.0, compensation shall
be in the amount outlined under Section 8.0 for the item of service fully
performed by Architect.
B. For items of service which have not been fully completed and
approved at the time of cancellation or suspension, Architect will be compensated
for the portion of the services actually rendered.
C. In no event shall the total compensation paid in the immediately
preceding paragraphs exceed the payment specified in Section 8.0 for the
respective item of service to be furnished by Architect.
4. Upon cancellation of this Agreement or suspension of work on the Project
by either CITY or Architect except as otherwise provided, all rights of
parties hereto shall terminate except as to payments due Architects hereunder.
Duplicate copies of all completed or uncompleted documents, plans and
specifications or other work in process generated pursuant to this Agreement
prior to such cancellation or suspension,for which Architect receives
compensation hereunder,shall be and remain the property of CITY and shall
be tendered to CITY as a condition precedent to Architect's receipt of any
compensation under this Section 9.0.
5. In the event the CITY desires to enter into another contract with Architect,
and it is mutually considered feasible to erect all or part of another project
which would be essentially identical to the project which is the subject of
this Agreement, the Architect agrees to:
A. Prepare such modifications as may be dictated by topography, utility
services, existing construction and similar conditions;
B. Perform as far as applicable all of the services provided by this
Agreement.
C. Compensation for rendering the foregoing services shall be in the
amount agreed upon by CITY and Architect prior to the commencement of work,
and shall form the basis of a separate agreement.
SECTION 10.0 ARBITRATION
I. All disputes regarding questions of fact under this Agreement shall be
submitted to arbitration at the election of either party. Such arbitration
shall be conducted in accordance with the rules of the American Arbitration
Association insofar as the same are not in conflict with the laws of the
State of California. This clause shall be in full force and effect notwith-
standing any termination or suspension of this Agreement pursuant to Section .
0
9.0 hereof.
IN WITNESS WHEREOF, CITY and Architect have caused their navies to be
subscribed hereto by their duly authorized representatives thi.s 8th
day of December , 1977.
ARCHITECT
Richard B. Taylor AIA, ASLA & Associate
CITY
City of San Luis Obispo
By: s( KENKTH E. SCHWARTZ
Mayor Kenneth E. Schwartz
ATTEST
sZ J. H. FITZPATRICK
City Clerk J.H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT,.MITCHELL, SINSHEI.ER, Administrative Officer
de la MOTTE & LILLEY CITY OF SAN LUIS OBISPO
CITY ATTORNEY
By Allen Grimes By
Community Development Department
By
Glen Matteson, Planning Assistant
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RESOLUTION NO. 3461 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
THE COUNTY OF SAN LUIS OBISPO FOR EXTENSION OF CITY
SEWER AND WATER SERVICE TO THE COUNTY AIRPORT.
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
the County of San Luis Obispo for extension of City sewer and water service
to the County Airport
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: County of San Luis
Obispo, City Engineer and Director of Public Services.
On motion of Councilman Jorgensen seconded by Councilman Settle
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 6th day of December ,
1977.
ATTEST:
Ciy I`erlriPJ.H. Fitzpatrick
R 3461
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
1
By Allen Grimes
Approved as to content:
City Administrate Officer
Other endorsements on agreement.
9 B -4)
IN THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPU, STATE OF C3LIFOR \TIA
f Son November 7 77
--- - - - - -- day -------------------------,19-----
J PRESENT: Supervisors Hans Heilmann, Kurt P. Kupper, Richard J. Krejsa and
Chairman Howard D. Manlcins
ABSENT: Supervisor M. E. Willeford
In the hatter of Consideration of Agreement between the City of San Luis Obispo
and the County to Extend Sewer and ?Dater Services to the San Luis Obispo- County
Airport:
Matter of consideration of agreement between the City of San Luis Obispo
and the County to extend sewer and water services to the'San Luis Obispo- County
Airport is presented. County Counsel States that the document is legally
adequate. Ned Rogoway speaks to the matter of rates, these rates have been
negotiated to the price as charged to a city holder. Declarations of Intent by
both parties is spoken to and ITr. Rogoway suggest returning this to the City
Council that these should be considered as separate items. Coat of right- of -cYay
is spoken to. The question of going through property and obtaining right -of-
ways or going along Edna Road and Aero Loop where the right -of -way already
exists as to costs is spoken to. Thereafter, upon mot -ion of Supervisor Heilmann,
seconded by Supervisor Krejsa, and on the following roll call vote, to wit:
AYES: Supervisors Heilmann, Krejsa, Kupper, Chairman Mankins
NOES: None
ABSENT: Supervisor Willeford
Agreement between the City of San Luis Obispo and the County to extend sewer and
water services to the San Luis Obispo- County Airport is approved as presented to
the Board and as approved by County Counsel, and chairman instructed to sign
same.
CC: Auditor
Administrative Office
Facility Services
City-of San Luis Obispo
Planning Director
11-14-77 lclw
STATE OF C_tLIFORNIA,
County of San Luis Obispo, } ss.
MISBETH WOLLA24
I, ----------------------------------------------- County Clerk and ex- officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this _____14th__---- --
November 77
dayof ------------------------- ,19 ------
MISBETH WOLIAM
---------------------------------------------
Co my Jerk and Ex-Officio Clerk of the Board
(SEAL) of Supervisors
By- -- -- --------- -------- - - - - -- - --
Deputy Clerk.
cD -as
5
SE "ER AND T7ATE_T' AGPET-Mr -,T
This Agreement is made between the C
hereinafter called "City," and the COUNTY
hereinafter called "Cou tjr", both OT :•:hC,;,
ITY OF SA`! LUIS OLISPO,
OF SAN LUIS OBISPO,
ate, ee as fo1lO:as :
CITY AGr..ES TO:
1. Water and Sec•:er Services
Furnish in accordance with the terms and conditiols Of
this acgree -:ent, water and sewer services from Cityls eXisting line
terminus on Broad Street to the San Luis Obispo County A, =or-.
2. Capacity -
Provide said services O.L such cap-r-C11,t.y as are needed to
serve the areas ShOWn On Er- -:hibit A and as ,referred to in Dara?r�_.. s
10 & 11.
3. Pates
E =cerpt the County from the "Outside" utility rates and
charge the same rates that are charged to properties located in-
side t: e city li -:its.
4. Airport Revised Soecific Plan
Consider the adoption of the County,s Revised Air:;or�-
Specific Plan ,hen adopted by the County and presented to the
City.
COUZNTY AGREES TO:
I. Operation
Operate and maintain the County Airport in such a manner
as to prohibit the use o` com erical aircraft which generate noise
3
0
levels which c:•:ceed adopted city noise standards she-.:m in the
San Luis Obispo General Plan Noise Ele:::cnt adopted September jO75
2. Enrineerinz
Locate and design utility lines to the approval o= the
City Engineer. Alignments Of said facilities "t0 be as
sho:;-n on Exhibit B.
3. Scned_:le
Perior -n all wori. in accordance `.vi-Lh a scheeule 2CCept�bl:
to the City.
4. Cost
Pay the total cost of right -of -way, Engiii °_Pr_ j, p d
construction of said water and sewer service includin -pin e:•:-
tensions t0 the poi? Of service. Said COSt Shall 1nCl de _ ^.e
Cost Of water and SeC•:er meters, check valves, baC: -10: 7) re'r2i? erS,
va11?1ts, manholes, and other facilities as requ'ired by t_le Ci _i
Public Services Department.
S. Reg-ulation and Ser-rice
Prohibit any tie -ins t0 the nf3i•i .later ail, SC:ni 3i';' Se:•icr
lines e:• :Cept for facilities Or uses s' -o-.n within t ? -:e ser'•riCe 3i "2aS
Hotel on E:�nibi.t A and containing 24= acres. It is intended that
these utility lines serve only airport facilities directly reln-ed
to airport operations, such as passenger facilities, airplane
tenance and re:aair shops, and airport offices. No service is to
be provided :without City consent to facilities or uses unrelated
to airport operation and uses. Services will be specifically
provided to the County Faris Advisor and Cou::ty Agric.:ltural Co , -
missioner offices. Uses included on the presently existing Airport
/A
Specific Plan (i?:-:hibit A) and such uses as may be included in
future $peCiLiC Plans ;;hen aoprc-.-ed by the City r,.ay be served.
-2-
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The location Of Uses within it A are not sub]ect to CiLv
approval.
6. Main`er.ance and O:cnerShio
Except for the mails extended in Broad Street, o::;n said
�:ater and se:: -er faci 1 ities and be responsible for their mai :,S•e: a ce
and keep them in good condition.
7. Capi�21 TnveSt"ePt A: i Dl rcati: °. It
Reir.:b ,--se the City for caoi al ln':'eStr:ents :::ade in prig,
years in the for-i of One Thousand Dollars ($1,000.00) per acre of
area for water facilities and Three :?undred 'Nineuy -Four Dollars
and Si:cty -FOUr Cents ($3014.64) per acre of area for Seer lift
stations installed along Broad Street. The a
creage c_.aroes are
to be made againsL those portions of uh9 airpCr- designated On
E:nibit A (24= acres) .
3. Point Of Service
AcccDt service at Broc_d Street as shOin in E:•:ibit S
9. Rates
Pay for :-later and seT -.er services in the manner and at t!:e
rates Specified by the proViSicnS Of t'e San Luis Obispo ' +nicipal
Code, Sections 7410 et. seq., and Section 7500 et. seq., being the
so-called "inside the City rate" and resolution of the Council t,-a::
i aV be 8i ^.ei1CG2d i O i.li:c to time to Implement rates provided for-
in t :e "'umicipal Code.
10. Pet.k Fln;•,s
Limit peak wet weather se:aer effluent flogs to 50,000
gallons per day.
11. Peat-, t'.;_er Consi=nrion
Limit :cater con0-- uMption t0' 70,307 gallons per day e:•:cept
-3-
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in case of fire.
12. City Lnp.d Use Plan
Consider the adoption of t-he City's Land Use Plan in _ne
area of t'.?e CoL:n-y Airpor-.
NOT! C-S:
All noz :ices herein required sha11 be in ::ruing, and S-aII De
delivered in person or sent by cerCi fie d, mail , Dostage _repaid.
notices required to be given to City shall be addressed as
follows
City AE:2i- nistrative Officer
Cit•r of San Luis Obispo
P.O. Box 321
San Luis Obispo, California 93405
No --ices required to be given t0 COL%lty shall be addressed as
folio :s
Col:n�y Au'minist:.a'ite Officer
Count;, of San Luis Obispo
Courthouse Anne:'
Sall Luis OOisro, California 93401
I:d :iIT` SS
:;:icOr, the parties hereto have
e_cecutec this
agY ^_e-rent
this
day
of _
10,77.
COU'TY OF S_.:; LUTS 03ISP0
by:
CITY OF SA -N LUIS 03TS 70
by:
s1 KENN =TH E. SCHWARTZ
Ghair -:an of Lino Board of Mayor KZIiNIETH E.SCHWARTZ
su -�=- visors
-4- ll 4
Approved as to frorm:
James B. Lindholm,
CoLm-ky Counsel
by:
OL
ATTEST:
sZ I H. FfTZPAMICK
C1Lr Leer;_
A:)pro-,.1-2c! as t:o
MIT"EIL, ST
de la :%OT7- E. LILT
C-Ly Attorney
by:
Approved as *L-o content:
C4
oz
City L11`.J�rl.e�r
z
Direc-.or oz iublic Services
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CI. NO. 3460 (1977 S�e_..�es)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
CITY COUNCIL CERTIFYING THE PROJECT ENVIRON-
MENTAL IMPACT REPORT FOR AMENDMENTS TO THE
SOUTH STREET SPECIFIC PLAN
WHEREAS,_.an initial environmental study was prepared to address
environmental impacts associated with amendments to the South Street
Specific Plan; and
WHEREAS, said initial study indicated that there would be no
additional adverse impacts to the environment caused by the proposed
amendments to said plan; and
WHEREAS, the initial study was included as an addendum.to_ the
South Street Specific Plan EIR and the EIR recommended for certification
by the Environmental Review Committee as being sufficient to describe
environmental impacts of the project; and
WHEREAS, the City Council has reviewed the project EIR and
addendum.
NOW THEREFORE, the City Council resolves that the amended:.
project EIR is certified as being completed in compliance with CEQA and
State and City EIR guidelines and sufficient to describe environmental
impacts of the South Street Specific Plan amendments.
On motion of Cnimciiman Spttlp , seconded by ronnri- lman - biinin s
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
1977.
ATTEST:
Ci Clerk J: H. Fitzpatrick
R 3460
C
r�
Approved as to form:
WENDT, MITCHELL, SINSHE_IME_R,
de la MOTTE & LIL_LEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Nicer
Commu'ATEy Development Department
P
RESOLUTION N0. 3459 (1977 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
CITY COUNCIL ADOPTING AMENDMENTS TO THE
SOUTH STREET SPECIFIC PLAN
WHEREAS, the City adopted the South Street Specific Plan as a guide
for the development of 68 acres of property next to Meadow Park, and
WHEREAS, said plan requires adoption of a subdivision and phasing
plan prior to development occuring within the plan area; and
WHEREAS, said subdivision and phasing plans have been prepared with
basic revisions to the land use and circulation element's of the plan in
accordance with Articles 8 and 9 of Chapter 3 of the Government Code relating
to local planning; and
WHEREAS, the City Council has determined that the amendments are substantially
consistant with the general plan; and
WHEREAS, the City Council has reviewed the project Environmental Impact
Report
NOW, THEREFORE, the City Council resolves that the South Street Specific
Plan is hereby amended to include a subdivision and phasing plan and revisions
to the land use and circulation elements.
On motion of Councilman Settle , 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 a adopted this 6th day of December
1977. ,
ATTEST:
Ci a H. Fitzpatrick
R 3459
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
City Administrativ fficer
Commun'fty Develop. t Department
RESOLUTION NO. 3458 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING AGREEMENTS BETWEEN THE DOWNTOWN
BUSINESS IMPROVEMENT AREA AND PACIFIC GAS $ ELECTRIC
COMPANY REGARDING INSTALLATION OF CHRISTMAS DECORATIONS
AND AUTHORIZING PAYMENT FOR POLE MODIFICATIONS NECESSARY
TO ACCOMMODATE DECORATIONS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1.. This Council hereby authorizes'the Mayor to execute an
Agreement Coving Pole Contacts between the Downtown Business Improvement. Area
and Pacific Gas $ Electric Company to indemnify P.G. $ E. for Christmas
decorations attached to their poles. Said agreement is marked Exhibit "A",
attached hereto and incorporated herein by reference.
SECTION 2.. The Finance Director is authorized to execute an Agreement
to Install Facilities or Perform Other Work, to provide installation of
receptables and photocells for illumination of the Christmas decorations
and is authorized to make payment of $1,294.57 for performance of the work,
all as set forth the Exhibit "B ", attached hereto and incorporated herein by
feference.
SECTION 3. The City Clerk is directed to provide copies of this
resolution together with its executed exhibit agreements to: P.G. $ E.,
the Administrator of the Business Improvement Area, and the Director of
Finance.
On motion of _Councilman Settle seconded by Councilman Petterson,,
and on the following roll call vote:
AYES: Councilmen Petterson, Settle, Jorgensen, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
R 3458
Resolution No. 3458
(1977 Series)
the foregoing resolution was passed and adopted this 15th day of
November , 1977.
ATTEST:
Cit erk J. H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE &I LILLEY p
City Attorney IJ
Approved as to content-
City Administrative 0 CLcer
- 2 -
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asu:+ •,:v. sis y, rn• ,77 %: Example 1
S.P. 443.9 -3
I T.ES Page 1
J DIV;SICN DprICE Effective 5 -1 -68
0 ELEC. O ? =R. DT-
-r-0
AGRI EZ IENT COVERING PCLE CO ?' ?ACTS
PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Pacific,
THE CITY OF SAN LUIS OBISPO _
and ........... -...... — =— - -- .... - - - - -- - — -- -- - -- .._...... _.._..:- _._:... — ........
_. --
____ ___ ...... ..........— _...._..._, hereinafter. called Permittee,
- ....... _ .... `------------
hereby agree as follows:
1. In consideration of Permittee's promises herein Pacific hereby gives Permittee permission,
on the terms and conditions herein stated, to install, maintain and use equipment on the poles and
for the purposes designated on the sketch attached hereto, marked Exhibit A and hereby made a
part hereof.
2. This permission is personal to Permittee and shall not be. assigned in whole or in part without
the written consent of Pacific first being had. .
3. Permittee shall install its equipment on said poles in the manner designated on Exhibit A, and
thereafter at all times maintain, and operate same in a skillful, lawful and proper manner satisfactory
to Pacific and so as not in any way to interfere with any power line, telephone line or other structure
maintained or operated by Pacifie or others.
4. Permittee shall pay to Pacific on the first day of each January the sum of_ Free
for each pole contacted hereunder on such day, provided, however, that such payment shall not be
less t;.an .— free_- ..:-- _.-- _.-- ....so "long as Permittee shall contact any of said poles hereunder.
5: All of said equipment shall be installed and maintained at the sole risk and expense of Permit -
tee, and in this connection Permittee shall indemnify Pacific, its officers, agents, and employees
agairut all loss, damage, expense, and liability resulting from injury to or death of person or injury
to property arising out of or in any way connected with the exercise by Permittee of the privileges
herein given.
6. Within thirty days after being given written notice by Pacific to do so, Permittee shall remove
its equipment from.such poles as may be designated in such notice, and at the expiration of said time
all rights of Permittee to use such poles so designated shall forthwith cease. If Permittee fails to re-
move its equipment from such poles within said time, Pacific shall have the right to do so at Permittee's
risk and expense. Such removal, whether by Pacific or Permittee, shall not release Permittee from
any obligation, whether of indemnity or otherwise, accruing prior to such removal or arising out of an
occurrence happening prior thereto.
i. If Permittee fails to use its equipment for any period of sixty consecutive days that fact shall
be conclusively presumed an abandonment thereof by Permittee and shall terminate all rights of Per -
niittee hereunder, whereupon Pacific shall have the right, on giving Permittee ten days' written
notice of its intention so to do, to remove said equipment at. Permittee's risk and expense, and retain
same as its own. Such abandonment shall not relieve Permittee of any obligation, whether of indem-
rity or otherwise, accruing prior to completion of such removal by Pacific or which arises out of
-an occurrence happening prior thereto.
8. any notice to Permittee hereunder shall be deemed given on the date of its deposit in a Unitxd
States post o5ce enclosed in an envelope, postage prepaid, and addressed to Permittee at its last---
known address.` =:
9. Permittee shall obtain from public authorities and private owners of real property any rand
.all permits, licenses or grants necessary for the lawful exercise of the permission hereby given. -
10. Time is of the essence hereof.
Executed this ----- 1_7_th_.__.. -_day 197-7—
E��HISI � I1Af1
Attest: �
s% J. H. FITZPATRICK
City Clerk J.H. Fitzpatrick
PACIFIC GAS AND ELECTRIC COMPANY
VMJSI w MAMAoW
CITY..11E_SA.�I -- 611IS• -E}131 SBE3 -- __-
PS1tY1TT1R
sj KENNETH E. SCHWARTZ
By..1CerlYietfi' &:- 5'LTiwirfz; 1gTayoi'� - -�— —
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V
PCLZ W I rkA =-LF4T1Z1 CAI
GhLa, rt�a��_cc2 ?�+.anf r.'oLD =Z
— S-R_t ca~i Fad
JAPPROVED BY
REV. I DATE
DESCR
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d ti
AI,
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DATE SCALE PACIFIC GAS AND ELECTRIC COMPANY
SAN FRANCISCO. CALIFORNIA
MICROFILPA
supv-
COPIES:
❑ DIVISION
❑ CUSTOMER
❑ ACCT. DEPT.
❑ DISTRICT
PACIFIC GAS AND ELECTRIC COMPANY
AGREEMENT TO INSTALL FACILITIES
OR PERFORM OTHER WORK
CITY OF 3&4 LL-IS OBISPO (BUSIiiBSS Ii•1PROV T1MNTT ARLA)
-------------------------------- -- --- ---- ---- -- ---- --- ------ -- ------------------------- --- --------- -- -- -------- ---- --
REFERENCE:
-- --------- ------ -•-- -- ----- -- -- --- - -- ---- --- ---.......................................... --- ---- ----------- ---- - --- -- - - -- •- -- ---- ---- - ----- - - - - -- -- - -- •--•--............----
hereinafter called Customer, has requested Pacific Gas and Electric Company, hereinafter called Pacific,
to perform the hereinafter - described work at...- '.carious locations in downtown
- -- ------ - - -- -- ----- --- -• -- ----------------------------------------------
San Luis Obispo
State of California.
Pacific will perform said work and furnish all necessary labor, appliances, materials and facilities re-
quired therefor, subject to the following conditions:
1. Said work shall be as follows:
(Describe hereunder in detail the materials and facilities to be furnished and /or work to be done. For each facility Installed,
specifically indicate whether ownership shall vest in Pacific or Customer upon completion of work. If more space is
required use other side and attach any necessary drawings.)
Install wiring, electric receptacles and photocells on eight (8) PGandE street
light poles as follows:
P;os. 705, 707, 709, 715, 716, 717, 719, and 721.
O�mership of all facilities installed shall vest in Pacific.
2. Whenever part or all of said work is to be furnished or performed upon property other than that
of Customer, Customer shall first procure from the owners thereof all rights -of -way and /or permits necessary
therefor in form satisfactory to Pacific and without cost to it.
3. Customer shall immedia l an� h p c c as the complete contract
one itIt9 � autTc�rer ___Rff —ioIa 'id.
price hereunder the sum of---------- ----------------------- ----W ..
- ---- -- _ ----- - T�00 9+.57
•-----...-- -•---------- -- •-- -- --- -- • -- -... -- - - -- doll r S-------- ------- -- --- - -_ -).
Executed this. >/ day of -- e2- •--- -......., 19. ...
Uty. ...- ups -_0 _is 9...0 )-----------------
Cu o er
,��
--- 1.g1__14"Wz5 ........ J ./- -------- -- ---- - -- - - --
Mail Address---P.O. :Box 1402
..................... ... ............
San Luis Obispo, CA 19406
--------------------------------- --- -------- ------------ - - - ---
PACIFIC GAS AND ELECTRIC COMPANY
By- -- --- - - -- -- - -- --- --- ------ ----------- - --- -- --- ----- -- - - -- .........................
For: Manager Coast Valleys Division
62.4527 REV. 1 -62
This agreement covers the following street light poles and contacts:
1. Electrical Outlets and Decoration Holders:
Pole numbers 705, 7072 709, 715, 716, 717, 719 and 720.
2. Decoration holders only:
Poles number 702, 7039 704, 7062 7082 718, 714, 7112 237, 726, 727,
240, 728, 725, 729, 244, 190, 206, 723, 12912 1292, 1293, 1294, 12952
12967 1787 12979 1298, 1299, and 1300.
C
RESOLUTION NO. 3457 (1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A MEMORANDUM OF AGREEMENT BETWEEN
THE CITY AND DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS,
PROVIDING FOR HYDROLOGIC AND HYDRAULIC EVALUATION SERVICES
FOR THE DEVELOPMENT OF CREEK SETBACK LINES
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 the
Department of the Army, Corps of Engineers, providing for hydrologic and
hydraulic evaluation services for the development of creek setback lines..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: Department of the Army,
Corps of Engineers and the City Engineer:
On motion of Councilman Petterson , seconded by Mayor Schwartz ,
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 15th day of November ,
1977.
ATTEST:
,oiTty Clerk J.H. Fitzpatrick
2
R 3457
i
ti
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILL Y
City Attorney
ti
by Allen Grimes
Approved as to content:
City Administrative ficer
1 --2
A , )"L
tit'y g 'eer
i
MEMORANDUM OF AGREEMENT
Between. the
i
Corps of Engineers, Los Angeles District
and .the
City of San.Luis Obispo, California
for
the Development of Waterway Setback Delineations
WHEREAS, the city of 5an-Luis-Obi9po and the Corps of Engineers
desire to enter into a cooperative program to develop Waterway Setback
Delineations for various portions of.streams; and
WHEREAS, the Corps of Engineers is,authorized.by Section 206 of
the Flood Control.Act of July,14, 1960 (33 USCA 709a), as amended, to
conduct such studies; and
WHEREAS, the Los Angeles District of the Corps of Engineers has
previously conducted flood plain information and flood'insurance studies
for the city of San Luis Obispo and can perform the desired work more'
reasonably and expediously than can be procured through ordinary busi-
ness; and.
WHEREAS, the Los Angeles District of the Corps of Engineers has
the capability available and is.authorized by the Department of the
.Army, Office of the Chief of Engineers, to perform certain services
for the State and local units of government under the provisions of
Department of the Army, Regulation No. ER 1140 -2 =303; and "Work for
Others - Services for State and Local Units of Government "; and
t
WHEREAS, the city desires to pay the Corps of Engineers for such
services -rendered;
NOW THEREFORE, it is resolved that the parties hereby agree as
follows:.
1.0 Responsibilities of the City. The city shall:
1.1 Provide to the Corps of Engineers all information necessary
to perform the computations and delineations of the.setback lines,
including: topographic maps; proposed channel alignments, ground recon-
naissance, aerial photographs, existing channel cross sections, and
bridge and culvert plans:
1.2 Provide the Corps of Engineers prior to commencement of work,
payment by check payable to the Treasurer of the United States for
$15,000.
2.0 Responsibilities of the Corps of Engineers. The Corps of Engineers
shall:
2.1 Conduct hydrologic and hydraulic evaluations for the purpose
of delineating waterway setback lines and profiles based on maximum
utilization of available in -house information.
2.2 Conduct the work based on the following guidelines:
(1) The reaches of streams to be studied are San Luis Obispo Creek
from the southerly city limit to the.Nipomo Street.bridge (mile 7.2 to
mile 10.6), Stenner Creek from its confluence with San Luis Obispo Creek
to Foothill Boulevard (mile 0.0 to mile 1.35) and Old Garden Creek from
its confluence with Stenner Creek to Foothill Boulevard (mile 0.0 to
mile 1:0).
2
C�
(2) The information to be provided by the Corps of Engineers will
be the 100 -year flood water surface profiles, and required channel dimensions
to pass the 100 -year flood under present conditions of watershed develop-
ment with a freeboard allowance of two (2) feet.
(3) The study will be conducted in accordance with the final criteria
to be established jointly between the City and the Corps of Engineers
at a meeting prior to the start of the work.
(4) All information developed during the study will be made available
to the city.
(5) The study will be completed within six (6) months of commencement.
2.3 The cost of the work will not exceed $15,000, except upon
a change in scope of work or mutual agreement of both parties. Any
unused portions of funds shall be returned to the city.
mAWMTS . W 1
November 16, 1977
Dated
Los Angeles District
Corps of Engineers
U.S. Department of the Army
v
G. ROBINSON
Colonel, CE
Contracting Officer
City of San Luis Obispo, California
3
�, ,/� •V -L -� -rid .� / � ��
m
M MRANDUM OF AGREEMENT
Between the
Corps of Engineers, Los Angeles District
and.the
City of San Luis Obispo, California
for
the Development of Waterway Setback Delineations
WHEREAS, the city of San Luis Obispo and the Corps of Engineers
desire to enter into a cooperative program to develop Waterway Setback
Delineations for various portions of streams; and
WHEREAS, the Corps of Engineers is authorized by Section 206 of
the Flood Control Act of July 14, 1960 (33 USCA 709a), as amended, to
conduct such studies; and
WHEREAS, the Los Angeles District of the Corps of Engineers has
previously conducted flood plain information and flood insurance studies
for the city of San Luis Obispo and can perform the desired work more
reasonably and espediously than can be procured through ordinary busi-
ness; and
WHEREAS, the Los Angeles District of the Corps of Engineers has
the capability available and is authorized by the Department of the
Army, Office of the Chief of Engineers, to perform certain services
for the State and local units of government under the provisions of
Department of the.Army, Regulation No. ER 1140 -2 -303; and "Work for
Others -- Services for State and Local Units of Government "; and
WHEREAS, the.city desires to pay the Corps of Engineers for such
services rendered;
NOW THEREFORE, it is resolved that the parties hereby agree as
follows
1.0 Responsibilities of the City. The city shall:
1.1 Provide to the Corps of Engineers all information necessary
to perform the computations and delineations of the setback lines,
including: topographic maps, proposed channel alignments, ground recon-
naissance, aerial photographs, existing channel cross sections, and
bridge and culvert plans.
1.2 Provide the Corps of Engineers prior to commencement of work,
payment by check payable to the Treasurer of the United States for
$15,000.
2.0 Responsibilities of the Corps of Engineers. The Corps of Engineers
shall:
2.1 Conduct hydrologic and hydraulic evaluations for the purpose
of delineating waterway setback lines and profiles based on maximum
utilization of available in-house information.
2.2 Conduct the work based on the following guidelines:
(1) The reaches of streams to be studied are San Luis Obispo Creek
from the southerly city limit to the Nipomo Street bridge (mile 7.2 to
mile 10.6), Stenner Creek from its confluence with San Luis Obispo Creek
to Foothill Boulevard (mile 0.0 to mile 1.35) and Old Garden Creek from
its confluence with Stenner Creek to Foothill Boulevard (mile 0.0 to
mile 1.0)
2
t
(2) The information to be provided by the Corps -of. Engineers will
be the 100 -year flood water surface profiles, and required channel dimensions
to pass the 100 -year flood under present conditions of watershed develop -
ment with a freeboard allowance of two (2) feet.
(3) The study will be conducted in accordance with the final criteria
to be established jointly between the City and the Corps of Engineers
at .a meeting prior to the start of the work.
(4) All information developed during the study will be made available
to the city.
(5) The study will be completed within six (6) months of commencement..
2.3 The cost of the work will not exceed $15,000, except upon
a change in scope of work or mutual agreement of both parties. Any
unused portions of funds shall be returned to the city.
/97 Z
Dated
November 16.1977
Dated
Los Angeles District
Corps of Engineers
U.S. Department of the Army
HU4A G. ROBINSON
Colonel, CE
Contracting Officer
3
ty of San Luis Obispo, California
Mayor Kenneth E. Schwartz
RESOLUTION NO. 3456 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN L_UI_S
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY
DOWNTOWN BUSINESS IMPROVEMENT AREA'AND ROBERT STRONG,
A.I.P., FOR PRELIMINARY STUDIES FOR DOWNTOWN SPECIFIC
PLAN.
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
Downtown Business Improvement Area and Robert Strong, A.I.P., for preliminary
studies for downtown specific plan,
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: Robert Strong,
Business Improvement Area Administrator, and the Finance Director.
On motion of Councilman Jorgensen seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of November ,
19 77.
9
ATTEST:
Ci�Crk . Fitzpatrick R 3456 -•-
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney - ..
City Administrative Utfsr..Pr
By Allen Grimes
5-41 C,- /
Dire or of Fin e
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement, dated November 15, 1977, for the convenience of the
parties, is by and between SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT
AREA, hereinafter called "BIA," and ROBERT STRONG, A.I.P., hereinafter
called "Consultant."
WITNESSETH:
WHEREAS, the City of San Luis Obispo intends to adopt a specific
plan for the development of the downtown area of the city; and
WHEREAS, BIA desires to establish preliminary goals and objectives
for the specific plan; and
WHEREAS, BIA has determined that Robert Strong, A.I.P., is qualified
to conduct preliminary studies for that purpose;
NOW, THEREFORE, in consideration of the facts of the above recitals
and the covenants and conditions herein contained, the parties do mutually
agree as follows:
1. SERVICES TO BE PERFORMED BY CONSULTANT:
Consultant will perform services outlined in the proposal letter
dated October 25, 1977, marked Exhibit "A ", attached hereto and incorporated
herein by reference.
2. TERM OF AGREEMENT:
The term of this agreement shall be from November, 1977, through
March, 1978, unless earlier terminated by either party. This agreement may
be terminated by either party by fifteen (15) days prior written notice.
3. ADDRESSES:
For purposes of notice under this agreement, all notices shall be con-
sidered effective upon being sent by certified U.S. mail to the following
addresses:
BIA: Business Improvement Area
c -o City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
CONSULTANT: Robert Strong, A.L.P.
One Buena. Vista
San Luis Obispo, CA 93401
4. COMPENSATION AND REIMBURSEMENT:
The minimum payment to Consultant under this agreement will be Two.
Thousand Dollars ($2,000). Consultant will be compensated for professional
services at the rate of $32.00 per hour. Consultant will receive a flat fee
of One Hundred Dollars ($100.00) for each presentation to the City Planning
Commission or City Council. Expenses will be reimbursed as documented.
Total expenditures under this agreement for compensation and reimbursement
will not exceed Five Thousand Dollars ($5,000).
Invoices will be presented to BIA c -o City Finance Department on or,
before December 10, 1977, for October and November; on or before February 10,
1978, for December and January; and on or before April 10, 1978, for February
and March (final invoice).
5. ASSIGNMENT:
This is an agreement for personal services and is not assignable without
the prior written consent of the BIA.
6. INDEPENDENT CONTRACTOR:
Notwithstanding any other representations, oral or written, between the
parties, including any and all agents or representatives thereof,. Consultant
at all times covered by the terms of this agreement, is acting as a free and
independent contractor, and not as an employee of City or BIA.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed.
-2-
ATTEST:
sZ J. H. FITZPATRICK
City Clerk J. H. Fitzpatrick
Approved as to form:
WEND
de 1
City
SAN LUIS OBISPO DOWNTOWN
BUSINESS IMPROVEMENT AREA
s% KENNETH E. SCHWARTZ
By Kenneth E. Schwartz, Mayor
Chairman
tent:
By Allen Grimes
City Administrative Of 'cer
Director of 'Finance
-3-
ROBERT STROWA.IR
planning and environmental consultant
one buena vista san luis obispo, CA 93401
[BO51 541 -1361
October 25. 1977
Mr. Charles Boves, Chairman
Business Improvement Area Committee
San Luis Obisno, CA 93401
Subject: Downtown Specific Plan - Planning Assistance to
BIA
Dear Mr. Boves:
On October 7, 1977 we met and discussed a recommended scope,
schedule and cost estimate for planning services to the BIA
for preliminary Downtown Specific Plan formulation. In
essence I suggested that BIA Beautification, General Plan
and Executive Committees could receive and review a concept
plan prepared by consultant, outlining goals and objectives,
preliminary implementation strategy and design proposals. I
recommend that this initiative preliminary planning be com-
menced immediately to enable committee discussion prior to
Thanksgiving and preliminary plan map and text preparation
during Christmas shopping season. Presentation to BIA and
City committees would be scheduled during January through
March 1978 concurrent with proposed City schedule for
consideration of Draft Goals Statement and Specific Plan
work scope and Request for Proposals. Finally, I offered to
perform these services on a time and expense basis, and
estimated a minimum of $2,000 and maximum of $5,000 total
budget should be allocated for this purpose.
It is my understanding that the BIA Executive Committee on
October 11, 1977, considered your presentation of this
proposal, approved a $5,000 maximum budget allocation and
accepted my informal offer of services. Pursuant to our
meeting of October 18, 1977, I am commencing work by performing
data collection during the last week of October. I will
continue preliminary plan preparation, coordinating with BIA
committees, City staff and committees during November 1977
through March 1978, provided this letter of agreement is
acceptable.
Mr. Charles Boves
10/25/77
Page 2
Services will be provided on an actual time and expense
basis, at the rate of T32.00 per hour for professional
planning consultation and $100 per presentation meeting with
total compensation and reimbursement not to exceed $5,000.
I will submit itemized invoice on or before December 10,
1977 for October and November services; on or before February
10, 1978 for December and January services; and final invoice
on or before April 10, 1978 for February and March services.
These times coincide with intended presentation or prepara-
tion periods which will enable BIA evaluation of consultant
performance. It is understood that BIA as well as consultant
retains the option to terminate this agreement for services
at any time by providing written notice between the undersigned.
The principal purpose of my professional planning services -
is to advise and assist the BIA in initiating preliminary
plan proposals and responding to subsequent City preparation
of downtown specific plan goals and objectives. Preliminary
plan maps and a report are anticipated products of such
service, generally presenting the consultant's recommended
BIA response to the "Summary of Issues" outlined in the
attached City report. (It is understood that the preliminary
downtown specific plan proposals by the consultant are
intended for BIA and City consideration and would not constitute
a complete specific plan without supplementary planning
services.)
Personally and professionally, it is a great pleasure to
submit this letter of agreement to the BIA. My experience
in numerous downtown improvement programs as well as my
exposure to the San Luis Obispo situation convince me that
the best leadership and planning for the future of downturn
must be from downtown. I look forward to working with the
BIA representatives as well as City officials in the pursuit
of this challenging and exciting assignment.
DA
Planning- andbEnvirrnmental Consultant
A vx i S
Acceptedtd66 eri 1977:
Auth6rized BIA Re resentative
@vr�ga�r �� rr
�6�d tl���
C
RESOLUTION NO. 3455 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING RULES OF PROCEDURE FOR CONDUCT OF
HEARINGS ON APPEALS FROM DISCIPLINARY ACTION.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. The .attached Rules of Procedure for Conduct of Hearings on
Appeal from Disciplinary Action, marked Exhibit "A" and incorporated in this
resolution by such reference, is hereby adopted.
Section 2. The Personnel Director shall implement these rules in
accordance with the Personnel Rules and Regulations.
On motion of Councilman Petterson seconded by Councilman Settle_
and on the following roll call vote:
AYES: Councilmen Dun-in, Jorgensen,'Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th 'day of November
1977.
ATTEST:
Clerk J. H. Fitzpatrick-
Approved as to form:
WENDT, MITCHELL, SIN
de la MOTTE $ LILLEY
City Attorney
Approved as to content:
City Administrative -0 cer
By Allen Grimes
Personnel Director
R 3.455
8: Each party shall have these rights:
a. To be represented by legal counsel or other person of his choice;
b. To call and examine witnesses;
c. To introduce evidence;
d. To cross - examine opposing witnesses on any matter relevant to the
issues even though that matter was not covered in the direct
examination;
e. To impeach any witness regardless`of which party first called him
to testify; and
f. To rebut the evidence-against him.
If the appellant does not testify on his own behalf; he may be called and
examined as if under cross- examination:
9. Oral evidence shall be taken only on oath.or affirmation.
10. The hearing shall proceed in the following order, unless the council,
for special reasons, otherwise directs:
a. The party imposing discipline shall be permitted to make an opening
statement.
b. The appealing party shall be permitted to make an opening statement.
c. The party imposing disciplinary action shall produce the evidence
on its part:
d. The party appealing from such disciplinary action may then open his
defense and offer his evidence in support thereof.
e. The parties may then, in order, respectively offer rebutting evidence
only, unless the council for good reason permits them to offer evidence
upon their original case.
f. Arguments shall be permitted only in the discretion of the council.
11. The council shall determine the relevancy, weight, and credibility of
testimony and evidence. It shall base its findings on the preponderance
of evidence.
12. The council may, and shall if requested by the disciplined party or the
appealing employee, subpoena witnesses at no loss of compensation if they
are city employees and /or require the production of records or other
material evidences authorized by Law.
13. During the examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing, unless the council, in its
discretion :for good cause, otherwise directs.
`. Exhibit "All
�Page:2 -of 3
14. No still photographs, moving pictures, or television pictures shall be
taken in the hearing chambers during the hearing.
15. The council prior to or during a hearing may grant a continuance for any
reason it believes to be important to its reaching a fair and proper
decision.
16. Whether the hearing is held in a•public or executive session, the council_,
after it concludes the hearing, may deliberate its decision in executive
session. No persons other than members of the council shall be permitted
to participate in the deliberations. The council may request the attendance
of the legal counsel to a discussion solely for the purpose of rendering
legal advice to the council.
17. The council shall render its judgment as soon after the conclusion of the
hearing as possible, and in no event later than ten days after con-
ducting the hearing. Its decision shall set forth findings and conclusions,
including what charges are sustained and the reasons therefor.
18. The council may sustain or reject any or all of the charges filed against
the employee. It may sustain, reject, or modify the disciplinary action
invoked against the employee.
19. The council's order of judgment.shall be filed with the city clerk and
the disciplined employee and shall set forth its findings and decisions.
If a dismissal is not sustained, its order shall set forth the effective
date the employee is to be reinstated, which may be any time on or after
the date of the disciplinary action.
20. Any person desiring to obtain a transcript of an appeal for disciplinary
action conducted by the council shall pay the sum of One.Hundred Dollars
($100) to the city clerk as a deposit at the time the request is made.
This amount shall be applied toward the cost of preparing the record..
When the total cost of the preparation of the record has been ascertained
by the city clerk, the person requesting the record shall pay the amount
of the cost thereof within forty -eight (48) hours after being notified
by the city clerk. If the cost of the record is less than One Hundred
Dollars ($100), any amount in excess of the actual cost shall be refunded
to the person making such request from the department. Such payment for
a transcript shall entitle the requestor to one copy thereof.
Exhibit "A"
Page 3 of 3
RULES OF PROCEDURE
FOR CONDUCT OF HEARINGS ON APPEALS FROM DISCIPLINARY ACTION
1. The City Council shall conduct hearings of appeals.in accordance with
Chapter 7 of Article II of the Municipal Code, entitled "Personnel Rules
and Regulations," as adopted by Ordinance No. 722, effective October 20,
1977, as supplemented by these rules of procedure.
2. Three (3) members of the council shall constitute a quorum for the pur-
pose of conducting a hearing on appeal, provided, however, that no
council member may vote on the decision if absent from a part of the
hearing unless such council member certifies that he has listened to or
read the transcript of the entire proceeding.
3. All hearings shall be open to the public, provided, however, that the
council may, in its discretion, with the consent of each of the parties,
exclude the public from all or any portion of such hearings.
4. The mayor, or in his absence, the vice mayor, shall have authority to
issue subpoenas on behalf of the council: Subpoenas pertaining to a
hearing shall be issued at the request of either party prior to the
commencement of such hearings. After the commencement of such hearings,
subpoenas shall be issued only in the discretion of the council.
5. Every hearing shall be presided over by the mayor, or in his absence,
the vice mayor.
6. The hearing need not be conducted in accordance with technical rules.
relating to evidence and witnesses, but hearings shall be conducted in
A manner most conducive to determination of the truth. Any relevant
evidence shall be admitted if it is the sort of evidence which responsible
persons are accustomed to rely on in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule which might
make improper the admission of such evidence over objection in civil
actions. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence but shall not be sufficient in itself
to support a finding unless it would be admissible over objection in
civil actions. The rules of privilege shall be effective to the same
extent that they are how or hereafter may be recognized in civil actions,
and irrelevant and unduly repetitious evidence shall be excluded.
Decisions made by the council shall hot be invalidated by any informality
in the proceedings, and the council shall not be bound by technical rules
of evidence.
7. The mayor shall rule on the admission or exclusion of evidence or the
application of other rules of law with the assistance of the legal advisor
to the council.
Exhibit "A"
Page 1 of 3
1
RESOLUTION NO. 3454 ( 1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE LICENSE FEES FOR LICENSE TO CONDUCT BINGO GAMES.
BE IT RESOLVED by the Council of the City of San Luis Obispo that pur-
suant to Article IV, Chapter 5, Section 4500 through 4521 of the Municipal
Code, the following fees are established for the issuance and annual renewal
of a license to conduct bingo games:
1. Application fee to accompany original application ...........:$50.00
2. Renewal fee to accompany renewal application .................$50.00
The fees established by this resolution shall become effective immediately.
On motion of Councilman Petterson, seconded by Mayor Schwartz ,
and on the following roll call vote:
AYES: Councilmen Petterson, Settle, Jorgensen, Dunin and Mayor Schwartz
NOES: None
ABSENT:None
The foregoing Resolution was passed and adopted this 15th day of November.
1977..
ATTEST:
�y G�1 krrJ�H�^ Fitzpatrick
Approved as to form:
Approved as to content:
WENDT, MITCHELL, SINS EIMER,
de 1a MOTTE a LILLEY too
City Attorney
City Administrative Of er
)
By Allen Grimes
F ance Directo R 3454
r-
i r
RESOLUTION NO. 3453: (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ESTABLISHING REGULATIONS COVERING REIMBURSEMENT
FOR OVERTIME INCURRED BY CITY EMPLOYEES IN CONNECTION
WITH SPECIAL EVENTS.
WHEREAS, from time to time, persons, firms and corporations desire to
stage public events in the City which require police officers for crowd
control or other purposes which services cannot be provided by the City
with its normal complement; and
WHEREAS, such events may also necessitate overtime by other City
personnel; and
WHEREAS, the City believes it equitable and proper that persons, firms
or corporations staging such public events reimburse the City for the extra
costs incurred by it in furnishing such personnel;
NOW, THEREFORE, BE IT RESOLVED by the.Council of the City of San Luis
Obispo as follows:
Section 1. When a person, firm or corporation wishes to stage a
public event in the City requiring police officers for crowd control or
other purposes and it is necessary to call personnel back and pay them over-
time, the following rules shall.apply:
(a) The police�chief.shall'determine the number of officers required.
and shall cause the person, firm or corporation to be billed in advance for
the base salaries of the officers plus, any overtime involved plus 25% for
fringe benefits. The funds shall be paid to the City within five days prior
to the event. If such paycnent..is not made by the applicant, the permit for
the event will not be issued. Safety personnel shall not-be furnished until .
after receipt of payment.
(b) In some cases there will also be personnel charges for City personnel
other than police. These shall be included in the basic invoice.
R 345j _f
r
Resolution No. 34533 (1977 Series)
Section 2. The following agencies shall be exempt from payment of
fees:
(a) " Pub Iic.aAd' /or non - profit educational institutions; and
(b)'Non- profit corporations where net profits from the special event
do not go to the profit-of any person; firm or corporation.
Section 3. It shall be the policy of the City as implemented through
its police department.not to'feel obligated.to supply manpower for exempt
agencies above a bare 'minimum. If the agency wishes additional personnel,
it should arrange.to obtain and;pay for the same."
On motion of Councilman'Petterson 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 15th day of November
1977.
ATTEST:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Alnn Grimes
Approved as to content:
City Administrative bTficer
Chief of P ice
-2-
RESOLUTION NO. 3452 (1977 Series)
A RESOLUTION OF INTENTION TO ABANDON A PORTION
OF PACIFIC STREET BETWEEN SANTA ROSA STREET AND
TORO STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. It is the intention of the City of San Luis Obispo to
abandon a portion of Pacific Street shown on the map marked Exhibit "A"
attached hereto and incorporated herein by such reference, pursuant to
Division 9, Part 3, Chapter 2 of the Streets and Highways Code.
SECTION 2. Copies of the map and agreement showing the particulars of
the proposed abandonment are also on file in the Office of the City Clerk.
SECTION 3. Tuesday, December 6, 1977, at 7:30 P.M., in the Council
Chambers of the City of San Luis Obispo, California, is the time and place
set for hearing all persons interested in or objecting to the proposed amend-
ment, which time is not less than fifteen (15) days from the passage of this
resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be
published once in full, at least three (3) days before the public hearing
on the proposed abandonment, in the Telegram- Tribune, a newspaper published
and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices of
the proposed abandonment along the portion of the street proposed to be
abandoned at least ten (10) days before the date set for hearing in accordance
with Section 8322 of the Streets and Highways Code.
SECTION 6. The proceedings to be taken will be subject to reservation by
the City of public easements for utilities and - drainage across -the entire right -_
of -way to be abandoned, as shown on Exhibit "A" attached hereto and incorporated
herein by reference.
On motion of Councilman Jorgensen , seconded by -1•14Vo -r Schxiartz
and on the following roll call vote: - - —
R 3452
Resolution No. 3452
Ayes: Councilmen Jorgensen, Petterson, Dunin, Settle and Mayor Schwartz
Noes: None
Absent: None
the foregoing Resolution was passed and adopted this 15th day of November ,
1977.
ATTEST:
C' Clerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEhMER,
DE LA MOTTE & LILLEY, C.
i
By Allen Grimes
Approved as to content:
o
IN
q
EXHIBIT "A„
a
RESOLUTION NO. 3451 (1977 Series)
A RESOLUTION OF INTENTION TO ABANDON A PORTION
OF HENRY STREET BETWEEN IRIS STREET AND SOUTHERN
PACIFIC RIGHT -OF -WAY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. It is the intention of the City of San Luis Obispo to abandon
a portion of Henry Street between Iris Street and the Southern Pacific Company
right of way as shown on the map marked Exhibit "A" attached hereto and
incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter
2 of the Streets and Highways Code.
SECTION 2. Copies of the map and agreement showing the particulars of
the proposed abandonment are also of file in the Office of the City Clerk.
SECTION 3. Tuesday, December 6, 1977, at 7:00 P.M., in the Council
Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is
the time and place set for hearing all persons interested in or objecting to
the proposed abandonment., which time is not less than fifteen (15) days from
the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be
published once in full, at least three (3) days before the public hearing on
the proposed abandonment, in the Telegram - Tribune, a newspaper published and
circulated in this city.
. SECTION 5. The City Engineer shall post at least three (3) notices of
the proposed abandonment along that portion of the street proposed to be
abandoned at least ten (10) days before the date set for hearing in accordance
with Section 8322 of the Streets and Highways Code.
SECTION 6. The proceedings to be taken will be subject to reservation by
the City of public easements for utilities and drainage across the entire right-
of-way to be abandoned. and the center -20 feet for. access to Southern _Pacific.Railroad
as shown on'Exhibit "A" attached hereto and incorporated herein by reference. R 3451
Resolution No. 3451 (1977 Series)
On motion of Councilman Jorgensen, seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Jorgensen, Settle, Petterson, Dunin and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of November ,
1977.
ATTEST:
Ci lerk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SIN.
de la MOTTE $ LILLEY
City Attorney
en
Approved as to content:
IMER,
City Adminstfativ Officer
Directof of Public Services /Associate
Administrative Officer
-2-
14�N y s 7-.Ref r
=Easements`
Reserved
EXHIBIT 11 A ff
A
0
henry St.
1.
a
7
7 1
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HENRY STREET
ABANDONMENT pploposal
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RESOLUTION NO. 3450 (19 77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETUTHEN THE CITY AND
THE COUNTY OF SAN LUIS OBISPO FOR CITY USE OF SMALL
ARMS TRAINING RANGE.
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
the County of San Luis Obispo for City use of the County's small arms training
range located at the County Operational Facility, Sheriff's Department,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: County of San Luis
Obispo.and the Chief of Police
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 1st day of November
1977.
ATTEST:'
Ci er Fitzpatrick R 3450
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney A
s
By Allen Grimes
Approved as to content:
f
City Administrative OAfi cer
i�
A
1,
RESOLUTION NO. 3449
(1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT WITH
THE STATE DEPARTMENT OF TRANSPORTATION FOR
THE RELOCATION AND INCREASED CAPACITY OF A
WATER MAIN IN BROAD STREET BETWEEN SOUTH
STREET AND HIGH STREET AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Utilities Agreement 304.0.19 between the State
of California Department of Transportation and the. City of San Luis
Obispo for the relocation and increased capacity of a water main in
Broad Street between South Street and High Street is hereby approved
and the Mayor is authorized to execute said agreement.
SECTION 2. The City Clerk shall furnish a copy of this res-
olution and two copies of the executed agreement approved by it to
the California Department of Transportation and the City Engineer.
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 lst day
of November 1977.
ATTEST:
C; C;le'jf'k J.H. Fitzpatrick
R 3449
Resolution No. 3449
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLE
City Attorney
by Allen Grimes
(1977 Series)
Approved as to content:
City inistraive Officer
ity, gineer
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
INTERSTA
MRM DH -ORW 39.(REV.7 -73)
District
County
:Route _
P. M,
E. A.
05
SLO
1 2.27
7.6 12.9__ __
_ _086109
NOTICE NO .... - ... 304_. 0_.- 19 ----------------- ------------
SOURCE CODE NO: ------- 05449_,_,_____,________
OWNER'S FILE NO -------- __,.
UTILITIES AGREEMENT NO.___304.0_._19
Date-- - - - - --
FIRST PARTY: State of California, acting by and through its Department of Transportation, hereinafter
called STATE.
SECOND PARTY: CITY OF SAN LUIS OBISPO
hereinafter called OWNER.
I Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE *zo==
for the 6= =inch cast iron water main located in Broad Street between
South and High Streets. This responsibility .is predicated on the City
of San Luis Obispo's secondary easement for the facility which predates
the provisions of Chapter 326 of the Statutes of 1933, whereby the
State assumed jurisdiction and control over Route 147 (Route 227).
II The work to be done consists of the replacement of the 6- .inch cast iron
water line originally installed in 1912, prior to this route becoming a
State highway, as follows:
1. Install 1100+ lineal feet of 8 -inch cast iron water
main and appurtenances thereto between.South and
High Streets
2. Is in accordance with Notice to Relocate Utility
Facility No. 304.0.19, dated August 6, 1976.
III Said relocation shall be performed by the State's highway contractor
pursuant to Change Order No. 66 in accordance with City Plan No_ 21 -75,
two sheets, dated February 28, 1975, a copy: of which is on file at the
District 05 Office of the California Department of Transportation,
50 Higuera Street, San Luis Obispo, CA.
Minor deviations from said plan may be made and incidental work
may be performed when mutually acceptable to both parties and
upon approval by the State.
IV Due to irreparable damage to the original 6 -inch water main when
grading was performed on the easterly side of Broad Street and
the potential of damage to the 8 -inch water line in the westerly
side of Broad Street due -to unacceptable clearances between the
8 -inch main and the grading plane and because of the necessity
of the earliest completion of the installation of a new water
main, City agrees that the work shall be performed by the State's
highway contractor.
V In accordance with Notice to Relocate Utility Facility No.
304.0.19, it is also agreed that City may contribute its share of
the cost of the work performed in cash and /or labor and materials,
calculated on the basis of State prevailing wage and rental rates,
as set forth in the letter from the City of San Luis Obispo,
dated August 3, 1976..
VI The existing 8 -inch cast iron water main was placed in an easement
granted to the United States pursuant to Resolution No. 662 (New
Series), dated April 28, 1942, covering_ various city streets within
the City of San Luis Obispo. The City was powerless to grant.ease-
ments within State highways and those areas falling within same
are nullities. This line was also placed without the benefit of a
valid permit and is therefore an illegal encroachment.
VII It is mutually agreed that depreciation and betterment credits due
to the State are as follows:
1. The difference in cost of installing 8 -inch cast iron
pipe in lieu of 6 -inch cast iron pipe, the factor
being applied to the total cost of the force account
work performed under CCO No. 66, as follows:
8 -inch C.I.P. @ $11.50 /l.f.
in place
6 -inch C.I.P. @ $ 9.00 /1.f..
in place
$ 2.50/l.f.
$35,196.86 (cost of CCO No. 66)
x 27.78% = $9,777.69
$2.50 = 27.78
9.00
2. The depreciation of the 6 -inch cast iron water main
installed in 1912, as follows:
Using the June 1976
Index of 2400 (1912
was $0.34 per lineal
1100 l.f. @ $0.34 =
ENR Construction Cost
= 91), the installed cost
foot.
$374.00
3. Excess materials remaining from the list supplied
by the City have been turned over to the City for
A flat sum credit to the State of $945.46.
4. Work performed in Meadow and South Streets_ under
CCO No. 66 at the request of the City for a flat sum
credit to the State of $2,494.68.
5. The total. flat sum credit to the State for the above
items is $13,591.83.
VIII It is mutually agreed that, in accordance with paragraph V above,
the City has contributed the following amounts towards their
share of the costs of the work:
1. Prepare plans and material list, the flat sum
of $389.06.
2. Install fourteen (14) 3/4 =inch services and one (1)
2 -inch service, the flat sum of $2,770.00.
3. The total flat sum credit to the City of San Luis
Obispo for the above items is $3,159.06.
IX it is therefore agreed that the cost of the work to the City of
San Luis Obispo is the difference between paragraphs VII and
VIII above, or the flat sum amount of $10,432.77
X Upon completion of the installation .of the 8 -inch water line, all
future maintenance shall be the responsibility -of the City of
San Luis Obispo.
Flat S-u.m Cost to City
$1-0-1--43-2-.-7-7-----
State
MM agrees to perform and W�� agrees to pay for the above= descn`bed work in accordance with
the terms of this agreement.
IN WITNESS WHEREOF, the Parties have executed this agreement the day and year .first above written.
CITY OF SAN LUIS OBISPO
----------------------------------- - ----------
APPROVAL RE:cov.mmE ;DED:
----- – --------------------- ------------ z ---- – ----- – ---------------------------------------- – -
District Right of Way Agent
-- ----- — – --------
R ight of Way Mearance Agent
APPROVED:
Owner—
STATE OF CALIFORNIA
DEPARTMENT of TRANSPORTATION
EST. it37. IST77-500 7-73 VOM Q) A OiP
RESOLUTION NO. 3448 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
THE COUNTY OF SAN LUIS OBISPO FOR A FEDERAL AID
OFF- SYSTEM PROJECT.
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
the County of San Luis Obispo, for a federal aid off- system project,
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: City Engineer
and the County of San Luis Obispo.
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 1st day of November
19 77.
0
ATTEST:'
C er J.H. Fitzpatrick
R 3448
Approved as to form:
WENDT, MITCHELL, SINSHETMER,
de la MOTTE $ LILLEY ^�II
City Attorney . II
By Allen Grimes
Approved as to content:
City Administrative fficer
5
'0
CITY- COUNTY AGREEMENT
FEDERAL AID OFF - SYSTEM PROJECT
THIS AGREEMENT, made in triplicate this day of
1977,'by and between the County of San Luis
Obispo, a political subdivision of the State of California
hereinafter referred to as "COUNTY" and the City of San
Luis Obispo hereinafter referred to as "CITY."
W I T N E S S E T H•
WHEREAS, on June 17, 1977, the California Department of
Transportation forwarded official notice of apportioned
amounts due San Luis Obispo County under the Federal Aid
Highway Acts in accordance with provisions of Section 2530
of the Streets and Highways.Code;
WHEREAS, Section 2532 of the Streets and Highways Code
requires the County within 60.days of receiving such notice
to notify the Department of Transportation as to the amount
of apportionment the COUNTY and .its Cities wish to claim;
WHEREAS, the COUNTY has complied with said require-
ments;
WHEREAS, the COUNTY is entering into this Agreement for
the purpose of distributing the Federal Funds under this
program as required by Section 2530 (c) of the Streets and
Highways Code.
WHEREAS, the method of fund allocation is based upon .
the ratio that the City's population.bears to the total of
the.County population.
NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE
PARTIES TO THIS AGREEMENT:
1. COUNTY agrees that CITY may receive $ 46,144.24
which is 27.14 % of total County of San Luis
Obispo allocation from Federal Aid Highway Act
funds.
2. CITY agrees to match the said dollar amount (of
paragraph 1) with $_9,45.1.23 (17% of amount
received) and to spend the total amount on pro-
jects which comply with the,Federal Aid for Safer
Off- System Roads Act.
IN WITNESS WHEREOF, the parties have executed this
Agreement by their duly authorized officers.
CITY OF San Luis Obispo COUNTY OF SAN LUIS OBISPO
By By
Mayor Chairman of the Board of Supervisors
Authorized by Board Action on
1977
ATTEST:
Clerk, City of San Luis Obispo
APPROVED AS TO FORM:
WENDT, MITCHELL, SINS
de la MOTTE & LILLEY
City Attorney . e
By Allen Grimes
ATTEST:
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT;
JAMES B. LINDHOLM
C/oounty Counsel
By
Deputy County Co el
Date Q 1977
JW /ds
6�
RESOLUTION NO. 3447 (1977 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING FINAL APPROVAL OF ',PARCEL MAP SLO -76 -176
(MARTIN POLIN, APPLICANT, 774, 790 & 796 FOOTHILL BLVD.
& 219 N. CHORRO STREET)
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 -176 as contained in Resolution No. 3211 (1977 Series).
SECTION 2. This Council now grants final approval of Parcel Map No.
SLO -76 -176 (Martin Polin, 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
1977
ATTEST:
/.� Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
A Professional Corporation
City Attorney
T. A j A
by Allen Grimes
this 1st day Of November
rtz
Approved as -to content:
datso City Administrative Of "cer
City En g" _eer
R 3447
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RESOLUTION NO: 3446 (1977 Series)
A RESOLUTION OF THE COUNCIL OF.THE CITY_ OF
SAN LUIS OBISPO ACCEPTING THE OFF -SITE IMPROVE-
MENTS IN TRACT NO.:5,69, LOS OSOS HOMES(STANLEY
BELL, DEVELOPER).
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That.the off -site improvements and public ease-
tents as shown on the final map of Tract 569, Los Osos Homes
(Stanley Bell, developer), are hereby accepted..
SECTION 2. This resolution also acknowledges that the
developer has complied with the following conditions:
a. Developer has posted a surety bond with the city in the
amount of $17;125:00 to guarantee correction of defects in work-
manship and materials occurring within twelve (12) months of
acceptance, in accordance with the terms of the subdivision agree-
ment.
b. Developer has deposited with the city $1,327.00 in lieu
of chip- sealing Royal Way., This money will be retained in an
account to be used for blanketing Royal Way in conjunction with
the development of the proposed subdivision on the other side of
the street.
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 1st day
of November_ 1977.
R 3446
ATTEST:
FitzpatricR
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LII:LEY
City Attorney
t
y Allen Grimes
Approved as to content:
N
City A3mi.nistra ' e OfFi
i
RESOLUTION NO. 3445 (19.77 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS,
PROVIDING FOR EXTENSION OF THE LEASE FOR SALINAS
DAM AND REVISING CONDITIONS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit ":4"
and incorporated herein by reference, between the City of San Luis Obispo and
the Department of the Army, Corps of Engineers, providing for extension of
the City's lease of Salinas Dam and revising certain conditions
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: Department of the
Army, Corps of Engineers; the Public Services Department
On motion of Councilman Petterson seconded by Mayor Schwartz ,
and on the following roll call vote:
AYES: Councilman Petterson, Jorgensen, .Dunn, Settle and Mayor Schwartz.
NOES: 'None.
ABSENT: None
the foregoing Resolution was passed and adopted this lst. day of November ,
1977.
ATTEST:
..
.Ogifty-CleTk J.H.
R 3445
Approved as to form- Approved as to content:
iVENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
City Administrative 0 cer
By Allen Grimes
r