HomeMy WebLinkAbout3491-3549SOLUTION NO. 3549 (1978 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO.
78 -28, LOCATED AT 1301 LAGUNA LANE AND 1106 OCEANAIRE
DRIVE.
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the Council, after consideration of the tentative map of Minor
Subdivision 78 -28 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 4
ment which is permitted by the R -1 -PD, R -2-Sa and A /C -40 zones.
(3) The.design is not likely to cause substantial environmental damage, or
cause serious public health problems.
(4) The design of hte proposed subdivision will not conflict with public
basements for access through or use of property within the proposed
subdivision.
(B) That the approval of the tentative map for Minor Subdivision No. 78 -28 be
subject to the following conditions:
(1) All new lot corners shall be staked by a registered civil engineer of
licensed surveyor.
(2) Final map shall note all areas below 126 foot elevation are "subject to
innundation."
(3) Subdivider shall dedicate an easement over drainage channel at north - easterly
edge of parcel 6 for drainage and maintenance purposes. Exact location and
dimensions shall be to the satisfaction of the city engineer.
(4) Final map shall show a one foot reserve strip along frontage on Los Osos
Valley Road of parcels A and B to the approval of the city engineer. No
access to Los Osos Valley Road shall be permitted and shall be so noted on
the final map.
(5) Final map shall show the lot line.between parcels A and B adjusted to accommodate
the access road and future anticipated creek channel dedication. Exact
.location and dimensions shall be to the satisfaction of the city engineer.
Said agreement shall be recorded prior to the recordation of the final map. It
shall run with the property for the life of the structures thereon.
'R 3549
r
City Council Resolui j No. 3549 ��
M. S. No. 78 -28 -
Paae 2
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 and adopted tl),S 18th day of April 1978.
ATTEST:
Ci r .H. Fitzpatrick
Approved as to form:
Wendt, Mitchell, Sinsheimer,
de la Motte & Lilley
City Attorney
by Allen Grimes
r Kenneth E. Schwartz
Approved as to content:
r.
RESOLUTION NO. 3548 (1978 Seftes)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION rib.
78 -25, LOCATED AT 91 AND 95 PALOMAR AVENUE.
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the Council, after consideration of the tentative map of Minor
Subdivision 78 =25 and the Planning Commi'ssion's recommendations and staff
recommendations and reports, thereon, makes the following findings:
(1) The proposed parcel map and design are consistent w.i'th the general plan.
(2) The site is physically suited for the proposed type and density of
development which is permitted by the R -1 zone:
(3) The design is not likely to cause substantial environmental damage; or
cause serious public health problems.
(4) The design of the proposed subdivision will not confilic 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 No. 78 -25 be.
subject to the following conditions:
(1) All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
(2) Subdivider shall provide required parking spaces on parcel A to the
satisfaction of the community development director and prior to final map
approval.
(3) Subdivider shall install two street.trees on each parcel to the approval of
the Public Services Department.
(4) Subdivider shall pay park in -lieu fees in the amount of $150 for parcel B.
(5) Each parcel shall be served with individual utility services.
(6) The final map shall show a private easement over the sewer lateral across
parcel A. Easement shall be to the approval of the city engineer.
(7) A waiver of the minimum lot area required and average lot depth required in
each parcel is hereby granted.
Said agreement shall be recorded prior to the recordation of the final map. It
shall run with the property for the life of the structures thereon.
R 3548
City Council Resolut1�i No. 3548
M. S. No. 78 =25
Page 2
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 and adopted this 18th day of April , 1978.
ATTEST:
C1 er H. Fitzpatrick
APPROVED AS TO FORM:
Wendt, Mitchell, Sinsheimer,
de la Motte & Lilley
City Attorney
A
By Allen Grimes
APPROVED AS TO CONTENT:
y ngl er
7 �
RESOLUTION NO. 3547 (1978 Series)
A RESOLUTION' OF THE COUNCIL OF THE CITY'.OF SAN LUIS
OBIS_PO (1) GRANTINGADDITION TIME TO FILE FINAL MAP
FOR TRACT 592.AND (2) ADDING A CONDITION TO THOSE
CONTAINED IN RESOLUTION 3255, AS-AMENDED.-
WHEREAS, the developer of Tract 592 has requested an extension of
time to complete the final map; and
WHEREAS, the City Council indicated its willingness to grant such
an extension on February 22, 1978; and
WHEREAS, a field inspection has indicated that in lieu of an access
road along the creek, certain trees could be removed subject to approval
of the city;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. A time extension for the filing of the final map of
Tract No. 592, The Meadows, is hereby granted. Said extension expires
on February 22, 1979.
SECTION 2. The conditions of development contained in Resolution
No. 3255, as amended by Resolution No. 3303, are amended by the addition
of the following condition:
1130. The subdivider shall remove all dead and undermined trees and
those trees which lean over the waterway to the satisfaction of the
public services director, community development director, and city
tree committee."
On motion of Councilman Settle seconded by Counrilman ro gion CPn
and on the following-roll call vote:
AYES: Councilmen Dunin, Jorgensen., Petterson, Settle and ?Mayor Schwartz
NOES: None
ABSENT: None
AG /DS:ktm R 35
4/7/78
Resolution No. 3542 (1978 Series)
the foregoing resolution was passed and adopted this 18th day of April
1978.
Kenneth E, Schwartz
ATTEST:
Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE 8 LILLEY
City Attorney
City dminist at'ive Wficer
By Allen Grimes
AG /DS:ktm
4/7/78 -2 -.
Community Delf lopment hector '�
it gl eer _- -
RESOLUTION NO. 3546 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
GENERAL FUND APPROPRIATIONS FOR THE 1077/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
following General Fund Appropriation be authorized to provide for the
purchase under option of an IBM Mag Card typewriter currently leased
in the City Clerk's Office.
Account No. Description Amount
01- 2251 -000 (20) City Clerk- Office Equipment $2,720. DR.
01=0510 -000 Appropriations 2,720. CR.
01- 0600 -000 Unappropriated Balance 2,720. DR.
On motion of Councilman Settle , 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 18th day of April
1978.
ATTEST:
ty erc J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
a
By Allen Grimes
Approved as to content:
City Administrative icer
R 3546
RESOLUTION NO. 3545 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING AVERAGE CROSS -SLOPE INTERPRETATIONS OF THE
MUNICIPAL CODE PROVISIONS RELATING, TO STREETS, LOT SIZES
AND GRADING.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
certain document entitled "Average Cross - Slope. Interpretations in the
Municipal Code" dated March 20, 1978, a copy of which is marked Exhibit "A ",
attached hereto, and incorporated herein by reference, is adopted as council
policy.
On motion of Councilman.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 18th day of .April ,
1978.
ATTEST:
y Clerk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By A11en- Gfimes
AG: ktm
4/20/78
C
Approved as to content:
City Administrative Offs
R 3545
CITY COUNCIL POLICY
AVERAGE CROSS SLOPE INTERPRETATIONS
IN THE MUNICIPAL CODE
1. The subdivision ordinance has charts which list street widths based on
lot sizes and slopes. Historically we have used the cross slope as
established by the Planning Commission for the purpose of establishing
street widths within a subdivision. We think it more appropriate that
both the lot size and the slopes should be considered and whichever
requires the wider street width be used. We feel that with the smaller
lots the wider street is necessary. Larger, wider lots as you would
normally have on steeper slope land needs less street width. It is
therefore our recommendation that street widths be controlled by both
lot size and slope, whichever requires the wider section.
2. Grading in new subdivisions. We feel that the charts within the Ordi-
nance relative to the percent of land allowed to be graded should relate
to the overall subdivision and to the portion of the subdivision within
each cross slope area. In other words, that portion of a subdivision
that has slopes between 11 and 15% should not be graded more than 60% and
that portion of a subdivision lying between 6 and 10% should be left 25%
natural and that portion between 0 -5% could be graded completely. We rec-
ommend that the percent of grading within new subdivisions consider the
total subdivision and the total areas of each cross slope within the sub-
division when figuring the portion to remain natural.
3. Lot sizes within new subdivisions. The subdivision
that larger lots are necessary as the slopes become
ommend that the cross slope be determined after the
two above has been approved, so that the final lots
grades. (i.e. lots having less cross slope after g
and lots having more cross slope larger).
ordinance indicates
steeper. We rec-
grading described in
relate to the final
rading can be smaller
4. Further grading - after the lots have been created any additional grading
within the lot should be controlled by the grading ordinance and the
cross slope should be calculated within the lot. We would recommend that
the ordinance be revised to allow the community development director to
allow a 20% flexibility in the amount of grading in building lots pro-
viding that engineering standards have been followed, that no special
privilege is being reserved for the property owner and that no environ-
mental impact will be caused.
5. In order to create lots with a minimum of problems we feel that sub-
divisions which have less than 5% cross slope should be graded to prevent
cross lot drainage.
6. We also feel that subdivisions that have slopes ranging from 5 -10% should
be thoroughly reviewed and graded in conformance with the grading ordinance
wherever possible to prevent cross lot drainage providing that no slopes
greater than 5:1 will be allowed in the front portions of the lots and
the slopes at the rear shall not exceed 4 foot in height.
March 20, 1978 ti k y 8 . '`u
RESOLUTION NO. 3544 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
H. DIETER HEINZ, FOR CONSULTING CHEMIST SERVICES
THROUGH JUNE 30, 1979.
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
H. Dieter Heinz, for consulting chemist services through June 30, 1979,
is hereby approved and the Mayor is authorized to execute the same..
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: H. Dieter Heinzand
the Director of Public Services:;.;_ _
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 and adopted this 18th day of April ,
1978.
ATTEST:
i=
Ci e'i c .H. Fitzpatrick
R 3544
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
U
Approved as to content:
City Administrative OftNzr
s �
AGREEMENT FOR PERSONAL SERVICES
THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, a
chartered municipal corporation (hereinafter referred to as "City "), and
H. DIETER HEINZ, an independent contractor providing consulting chemist
services (hereinafter referred to as "Chemist ")..
WITNESSETH:
WHEREAS, H. Dieter Heinz is a qualified chemist capable of analyzing
and monitoring the City's domestic water supply; and
WHEREAS, the City desires to employ him as an independent contractor
to provide certain services not currently performed in detail by City
employees'or available within City services;
NOW, THEREFORE, City and Chemist for and in consideration of the mutual
benefits, agreements and promises set forth herein, agree as follows:
1. Beginning April 16, 1978, Chemist agrees to provide services to
the City in accordance with the scope of work outlined in Exhibit "A" attached
hereto and thereby incorporated herein. Said services shall continue through
June 30, 1979, providing, however, that either party may terminate this Agreement
by two weeks written notice to the other party. The general duties to be
performed by said Chemist shall be at the direction of the Director of Public
Services and the Fire Chief.
2. Notwithstanding any other representations, oral or written,
between the parties, including any and all agents or representatives thereof,
Chemist, at all times covered by the terms of this Agreement, is acting as
a.free and independent contractor, and not as an employee of the City.
1 rw 3/28/78 EN 66A9�
Any and all supervision and direction by the Director of Public
Services and the Fire Chief shall be only that.necessary to provide
broad general outlines, and Chemist is to use his own initiative
and discretion in performing the details of his work, provided,
however, that Chemist may consult with Public Services and Fire
Department staff as he desires.
3. City agrees to provide laboratory space and supplies necessary for
performance under this Agreement, subject to purchase authorization by the City.
4. City agrees to pay Chemist the sum of $1600,00 per month for his
services, payable.in accordance with regular City payment procedures. Chemist
agrees to provide a minimum of eighty -.five (85) hours service per month.
Chemist shall not accrue vacation, sick leave, or other similar benefits
including workers compensation and unemployment insurance benefits available
to regular City employees.
5. City agrees to reimburse Chemist for authorized use of his personal
vehicle on city business at the rate of 15(� a mile and to provide Chemist with
a parking permit for lot #8.
6. This is an agreement for personal services and is not :assignable
without the prior written consent of City.
7. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified U.S. Mail to the following
addresses:
City: City Clerk
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
Chemist: H. Dieter Heinz
P. O. Box 3193
Pismo Beach, CA 93449
lrw 3/28/78 E b I0 6 ;A" Page 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed.
CHEMIST
H. Dieter Heinz
OF SAN LUIS OBISPO
ATTEST:
Mayor Kenneth E. Schwartz
s( I H. FITZPATRICK �
City Clerk J.H. Fitzpatrick
Approved as to content:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY City Administrative O icer
City Attorney
By Allen Grimes Director of Public Services
Fire Chief
lrw 3/28/78 Page 3
FNUH1dIT "A"
{
SCOPE OF WORK - CITY CONSULTING CHEMIST
To serve as City
a)
b)
c)
d)
Chemist performing such services as:
Complete chemical analysis and identification
of drugs and related compounds
Hair comparison and analysis
Paint analysis
Soil chemistry: analysis and recommendation
for better plant growth
e) Fertility - tissue.analysis'
f) Pesticide residues: identification and
Analysis
g) Identification of any foreign matter, either
solid, gaseous or liquid
h) Arson investigations
i) Any quality control analysis - and /or
product specification
k) Petroleum products: analysis and recommendations
1) Corrosion studies:; steel, building materials etc.
m) Trace metal analysis
n) Steel certification by chemical and physical
examination
o) Air pollution: monitoring, sampling and
testing:
Particle matter,
Hydrocarbons,
Sulfur Dioxide,
Carbon Monoxide,
Oxides of Nitrogen
p) Certification and analysis of explosives,
primers, detonators, etc.
EYHIBIT "A"
Scope of Work - City Consulting Chemist
Page 2
q) Training of firefighters in prevention and
investigation
r) Consulting and assisting on sewer source
control program
s) Consulting and assisting on cathodic protection
program
t) Analysis of sewer samples
RESOLUTION NO. 3543 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR
FISCAL YEAR 1978/79 AND FOLLOWING YEARS.
WHEREAS, the City Council held a public hearing on April 4, 1978, to
consider the proposed 1978 -79 Capital Improvement Program; and
WHEREAS, said program was approved by the Council;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. This Council hereby adoptsthe 1978 -79 Capital Improvement
Program as transmitted by a memorandum from City Administrative Officer Richard D,
Miller dated March 23, 1978, attached hereto marked Exhibit "A" and thereby
incorporated herein.
SECTION 2. The procedures for implementation of.the program contained
in Resolution No. 2058 (1970 Series) and No. 2178 (1971 Series) are hereby
incorporated by reference except that all time elements are to be advanced by
one month in View of the change in municipal election dates.
On motion of Councilman 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 and
ATTEST:
�
j�Clerk J.H. Fitzpatrick
AG:ktm 4/10/78
this 18th day of April, 1978.
t
R 3543
Resolution No. 3543
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
AG:ktm 4/10/78 -2-
Approved as to content:
City Administrative icer
(1978 Series)
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FROM SUBJECT.,
APPENDIX "A" PLAN STUDIES
c/.
7J c
N
I
?:
I9_78-79 Work Program '
Advance Planning Section
�.;•. Page 3
1f`
V. Consultant Services
As part of next year's work program, the hiring of economic, environmental, or
planning consultants may be needed to:
- provide technical services not available from in -house staff;
- ensure the projects are completed in a timely manner.
The preliminary Capital Improvement Program for 1978 -79 sets aside fifty
thousand dollars in a "planning studies" account. Consultants hired by the
Community Development Department would be paid from this funding source unless
other special accounts are established elsewhere in the CIP.
Although it is difficult at this time to precisely identify the scope of consul-
tant services, we can indicate general areas where their services may be required:
a. Dov.nto n Specific Plan
b. General Plan Elements and
Special Projects
c. Grov,;th i•tanagement-
Housing Program
Unless fully encumbered during
1977 -78, additional funds may be
necessary for design economic consul-
tants to complete this project.
Environmental consultants may be -
require'd to complete independent C
evaluation of city projects. CIP
"planning studies" funds may also
be used for other CIP items .-,-hEi -e the
preparation of an EIR was not anticipated
but becomes necessary to comply Frith
state and city EIR guidelines.
This project may require the hiring
of an experienced legal consultant
to refine planning staff proposals.
\ CEPART:. ENT CF PUBLIC SERVICES
Pc_t GIt ce Box 321 a San Luis Obispo, CA 9306 a 805'5,:1 -1000
APPENDIX "B" - SIDE14ALKS - 'reimburse curb and sidewalk construction
December 15, 1977
MEMORANDUM
TO: David F. Romero
FROM: A.E. Hird, Jr. ;/t
SUBJECT: C.I.P. Sidewalk Construction
I propose to have sidewalks constructed during the 1978 -79
fiscal year at the following locations:
1. Madonna
2. Santa R
3. South -
4. Brooks
Z). Walnut
6. Olive -
7. Ramona
AEIiJ : j aw
Prioritv Order Estimated Cost
Road - next to Royal Inn $ 2,500
osa - Foothill to Murray 2,700
Higuera to San Luis Obispo Creek 2,900
- South to end 4,500
- .Santa Rosa to Toro 3,300
Santa Rosa to Lemon 3,500
- Del filar to Rafael 2.400
TOTAL ESTIMATED COST $ 21,800
APPENDIX "E" - FLOOD CONTROL PROJECTS
CE -2
SU"4ARY OF PROJECTS
PRIORITY LIST
Annual Creek "odifications on upper and middle San Luis
Creek and Garden Creek in conformance ;pith the Zone 9
Master Plan S 50,000.00
DEBRIS BASIN
6 Flora Street 5 45,000.00
7 Alisal 15,000.00
8 Prefumo 502,000.00*
* Alternate solution to the Prefumo Debris Basin would be a mining operation
at the Prefumo Creek arm of Laguna Lake on a regular basis, this may be
consider -niDly less expensive.
STORM DRAINS
4 Hill Street - Pit. View $ 48,000.00
3 North Broad - Boriack 67,000_CO
CREEK 03STRUCTiOl (1977 -78 CIP )
San Luis Creek .dear Hicuera & Carmel (sewer) 11,550.00
Nipomo & San Luis Creek (%,rater) 12,475.00
Niooimo & Stenner Creek _(water) 12,475.00
Santa Rosa Street & Stenner Creek (water) 15,350.00
BRIDGES
Marsh Street @ SLO Creek (Replacement) (DOT) $ 616,500.00
9 Elks Lane @ SLO Creek (Replacement) 171,250.00
10 Prado Road & SLO Creek (Improvement) 68,500.00
CHAtdPIEL i,' DIFICATIONS
2 Highland Drive N'ly 970+ 5 60,300.00
1 Highland Drive S'Ely 76"0+ 47,600.00
5 Patricia E'ly to Jeffrey 63,700.00
$1,806,800.00
'U Ly of coo
01'PARI'.IENT OF PUBLIC SERVICES
-...._ .::..........,.. ....;.........,,_�.:,,:�:,....� P,,,; (lf`ir.,:. ix, :: 321 - -San Luis O!i15170, CA 934 06 - F;05.1 E-11 1000
December 21, 1977
APPENDIX "F ".- STREET TREES AND LANDSCAPING PROJECTS
MEMO'2n.MU-1
T7: David F. Rormrro
FRCP -1: Lane llilso�rIi (/�.
SUEUECI': C.I.P. Prioritizing of Landscaping Median Islands and
Tree Planting
Dave, as you know we are currently proceeding with the landscaping of all
the small areas:
1. Our first priority for next year would be to finish any of those small
areas that are not completed this year. We ask that the funds either
be held over if we haven't had a chance to finish or that additional
funds be provided for those small areas.
2. Grand Avenue should be the neat area that should be landscaped. This
would include landscaping sprinkler irrigation and curbs.
3. The third landscape area � -.ould be the triangle at Broad and Santa Barbara
Street, this %.,ould include full landscaping and irrigation.
4. The fourth priority could be planting of street trees as follows:
a. FIiguera from Santa P.osa to Johnson
b. Marsh Street from Santa Rosa to Johnson
c. Broad, Monterey to High
d. Ni -cmo, harsh to Donterev
e. Palm, Nipomo to Santa Rosa
f. hull, Chorro to Santa Rosa
g. Osos, Monterey to Mill
h. Grand, Monterey to Cal Poly Campus
i. Santa Rosa, Foothill to Highland Drive
j. Johnson, Monterey to the City limits, East
k. California Blvd., Taft to San. Luis Drive
1. San Luis Drive, Johnson to Cazadero
m. L�murel Lane, Johnson to Orcutt
?•t:�oranaun - David F . FfrMero
LLcej,1 21, 1977
Page 2
n. Orc7 -, ft , Johnson to Broad
O. .couch, Broad to iiiguera
p • fiiquera, t%13rs h to City Limits
c. madonna Rcad, Figuera to Los Osos Valley Paad
r. Los Osos Valley Road from freec•.ay to City limits
S. Foothill- Tassajara to the Cit-Y limits
I ,.iS OF SPECI, -L CMISIDEPATION:
1. Free�•.-ay. I believe that th °_ free�:ayoo o fuletreeoplantings. I realize
by'scane scecial large scale or very
that we %:vuld have to cork with the Cal Trans Departrnent, but I believe
it v:auld be a wort -:chile endeavor.
2. r.taanpo�•.er terspectives. I am sure that ez•-eryone realizes that we have a
lir, ited
amount Of T3 ^DO:vLC In the tree cre[.. It is true that we have
s CETA rr -ople % %orking for us for one year shr�ai have kep inVmir� that
a very full nro;ram for this next year • � x.;,� is
new olanti- of trees do require quite a bit of c,a y e and our
limited.
3. Other Considerations. There are limits to the unl??e o th�utse that nsive
be planted in conjunction with undeveloped properties
grading in many cases. The grading mist take place in order for the
trees to be set at the prover grade as per development of the street and
adjacent prcnert-_ ✓• On many of the out Streets %.:e encounter this problem.
LW: dCjm
1
FROM: ,�ienry Engen, Community Development Director tit
' Jim Stockton, Recreation Director
DATE: March 21, 1978
SUBJECT: March 20th City Council Request to Review CIP Appendix "F" -
Street Trees and Landscaping Projects
In response to the Council's request we have reviewed the December 21, 1977
listin.g prepared by Lane Wilson and would offer the following comments:
(1) Prior year's commitments - support comiple:tion.
(2) Grand Avenue - important entry way- support project.
(3) Santa Barbara /Broad landscape area - needed to match prior commitment
with Pizza Hut
(4) With respect to projects listed, would recommend the following priority
groupings:
1st Priority - Arterials which are important entry ways into the community.
(c) Broad; Monterey to High
(h) Grand, Monterey to Cal Poly Campus
(i) Santa Rosa, Foothill to Highland Drive
(s) Foothill, Tassajara to the city limits
2nd Priority - Important internal arterials
(j) Johnson, Monterey to the city limits, East
(m) Laurel Lane, Johnson to Orcutt
3rd Priority - Includes routes (identified by *) where planning for either
public or private projects should preceed landscaping.
( *a) Higuera from Santa Rosa to Johnson
(b) Marsh Street from Santa Rosa to Johnson
( *d) Nipomo, Marsh to Monterey
( *e) Palm, Nipomo to Santa Rosa
'i
a
. - . <,
DEP.�R�'.'EMTOFCO�. x:11
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S ?f. J, 'J':IS
MEIMORANDUM
TO: Richard
D. Miller,
Administrative
Officer
FROM: ,�ienry Engen, Community Development Director tit
' Jim Stockton, Recreation Director
DATE: March 21, 1978
SUBJECT: March 20th City Council Request to Review CIP Appendix "F" -
Street Trees and Landscaping Projects
In response to the Council's request we have reviewed the December 21, 1977
listin.g prepared by Lane Wilson and would offer the following comments:
(1) Prior year's commitments - support comiple:tion.
(2) Grand Avenue - important entry way- support project.
(3) Santa Barbara /Broad landscape area - needed to match prior commitment
with Pizza Hut
(4) With respect to projects listed, would recommend the following priority
groupings:
1st Priority - Arterials which are important entry ways into the community.
(c) Broad; Monterey to High
(h) Grand, Monterey to Cal Poly Campus
(i) Santa Rosa, Foothill to Highland Drive
(s) Foothill, Tassajara to the city limits
2nd Priority - Important internal arterials
(j) Johnson, Monterey to the city limits, East
(m) Laurel Lane, Johnson to Orcutt
3rd Priority - Includes routes (identified by *) where planning for either
public or private projects should preceed landscaping.
( *a) Higuera from Santa Rosa to Johnson
(b) Marsh Street from Santa Rosa to Johnson
( *d) Nipomo, Marsh to Monterey
( *e) Palm, Nipomo to Santa Rosa
Richard D. Miller
March 21, 1978
C.C. Request to Review CIP Appendix "F"
Street Trees and Landscaping Projects
Page 2
(f) Mill, Chorro to Santa Rosa
(g) Osos, Monterey to mill
( *k) California Blvd., Taft to San Luis Drive
(1) San Luis Drive, Johnson to Camadero
( *n) Orcutt, Johnson to Broad
( *o) South, Broad to Higuera
( *p) Higuera, Marsh to city limits
( *q) Madonna Road, Higuera to Los Osos Valley Road
(r) Los Osos Valley Road from freeway to city limits
In addition to the foregoing, we would note that the Regional Transportation
Plan (SB 325 program) recommends funding for landscaped medians as follows:
-- Broad Street - Orcutt to South (estimated current cost of $125,000)
fiscal year 1981/82.
-- Los Osos Valley Road - Highway 101 to Prefumo Canyon Road (estimated
current cost of $300,000) fiscal year 1982 +.
With respect to Los Osos Valley Road, private developments will be required
to provide street trees between Madonna Road and the westerly city limits
(refer to attached map). We would recommend, however, amending the SB 325
list to extend the landscape median project from Prefumo Canyon Road to the
westerly city limits.. The timing and extent of landscaping improvements on
Los Osos Valley Road between Madonna Road and Highway 101 should be con-
tingent on the acceptance of that right -of -way into the city's street system.
HE:JS:eop
cc: Wayne Peterson, City Engineer
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APPENDIX "C" - SE ?LR SYSTrM DEFICIENCIES
1978 -79 C. I. P.
SE •;r.GE SYSr ==.;•l
$57,000
$10,000
$77,500
$444500
$13,500
$ 3,100
$., 00
$5,000
$31,'600
$6=x,500
auessti rate
$75,000
(7- nnually Reci:.rri::g)
Deficient/ Correction Program
Priority Listing
S Gwa 9 e—
Pr t e
1.
!.
T. V. scar =:i g a grouting evui � .ennt
3.
2.
Greta Place - SVdr =v to corner
(Reoiace 6" existing ,•,it_h 8" rain (Sag in pipe lire)
.4.
3.
,
Fig era frcl �fl�rio to �IiDC Chorro to Sebastians
(Replace 6" ex4 ' ing *.•:i h 8" main.
Prcb18:3 area - difficult to maintain
4.
Morro from Buchon to Pacific to Chorro
(Renlace e _st 6" with 8" main (15010- of capac,' — )
B
5.
Branch a King S
(Replace existing with 10" & 12" rains (Prcb -I am areas)
6.
Mission @ AL and
Re", av existing 6" main (Problem area)
101
7.
Verde Drive ease.�t to Foothill
Relay existing 6" main (Possibly reroute line)
8.
Reolace m---o units at Foothill lift station
(Fw,re surplus PLC station on hand)
!Z,
9.
:.t;tc _ll fre:i %'--adaa to Chandler
(Replace existing 6" with 8" mains)
(Old ceramic tile, roots and poor grade)
/3.
10.
Lw..rence entire street
(Rerlace existing 6" with 8" mains)
(Old cera:-nic tile, roots, poor grade)
11.
Baca_ lot easements in area bounded by Mein'-:e, tilission, Broad
and C .orro (many proble -ms) Reconstruct as needed.
$57,000
$10,000
$77,500
$444500
$13,500
$ 3,100
$., 00
$5,000
$31,'600
$6=x,500
auessti rate
$75,000
I
'vcr- • ll
5ewaIe,
2.
S.
6,
1978 -79 C. I. P.
S�•P.CE SYSTEM
miscellaneous Ita s
Priority Listing
1. Vacu - r, pe
sewer cleaner
a. ??.educes man -cc :ter reuui rements
b. Increases efficiencv
c. Reduces load on se .er plant
d. Reduces safetv hazard e %—sure
e. Provides versatility for other operations
2. h1obile pc,•rer unit 100 K.W. - 2 40V. for
pc:•:er outages at lift stations (sei•:er) or
booster p�. s (o:ater) . In current budaet
$6,000 was included in hopes of getting unit
through surolus; none available_ (There may be
a second -nand unit still available thru vendor
which had only 120 hours on it: CateYoillar,
trailer- mmmted for $12,010).
3. Clean out digestor =tuber 1
Grit and nor.- niodegradable material has
been acc�w-.ulati^:g in digester since last cleaned
years ago reducing capacity.
$70,000
(possible trade in)
total $19,000
1/2 se�•rer 9,500
1/2 water 9,500
$11,000
APPENDI\ - idATER S13iE`i
1978 -79 C. I. P.
\
T• TITS SYS' 11
Annually P .-tarring
Deficiency Correction Prcgram
Prior- = v Listinc,
1.
Venable St. ft= Lincoln to Chorro (Construct new 8" rain)
$25,000
(existing 2" leaks; inadequate)
2.
Center fram LLincoLn to C orro
$21,900
(Construct ne.•.= S" main) (existing 2" is inad--K-,aate)
3.
:b unto i^Vie.-7 = _rw n COLn to �"oTM o (Co^Str--i Ct new 8 " Main)
$16,100
(a-istLng 2" is inadequate)
4.
Prdre.:s frall montarev to Conejo to Cazadero
5791500
(Construct 8" and 10" mains) (Involves slight change of
pressure- zone)
5.
La.•.'rence frcn Broad to Meadow (Construct new 8" main)
$78,500
(4" leaks)
�'-
6.
Islay fram i;ip< o to Broad (Construct new 8" main (Eyr_ist 4 ")
$19,500
7.
(7a) Bus^ e11,'r' =skin, Pachel) (71D) Ruth s Iris
7a $88,500
Constrict ne 7 8" mains (2-bstly 2" existing; lack of fire
7b $37,000
hvaran t.4 )
8.
Branch - Beeree to Cypress (Construct new 8" mains)
$27,500
(bad Leaker)
9.
Osos - Peac_^. to Monterev (Construct new 10" main)
$56,000
(.?Lill to Palm is 4" bad leaker; some 2 ")
10.
Garfield- ('sand to Monterey (Constrict new 8" na1n)
$39,000
(ailstL -. g 4" leaks)
11.
Hutton - high to Sandereock (Construct new 6" main)
$7,750
(Existinq 2" leaks)
12.
Zitc1 ell f= Broad to _ "•Sadao 5 Tenbrook
$74,000
(Construct 8" mains (4" leaks)
13.
'till fram Jbli son to Grand (Constrict 8" main)
$100,000
(L-C1St1n 7 - lea {$)
RESOLUTION.NO. 3542 (1978 Series)
- r
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
CITY COUNCIL DENYING AN APPEAL OF CONDITIONS
OF USE PERMIT APPROVAL FORA RESTAURANT
EXPANSION AT 179 NORTH SANTA ROSA STREET
(U 0651).
WHEREAS, the Planning Commission granted a use permit to permit the
expansion and remodel of the Crest Pizza Restaurant; and
WHEREAS, the Planning Commission imposed conditions of the use permit
approval requiring the applicant to construct curb; gutter and sidewalk on
Boysen Avenue and to dedicate a small portion of land needed for street
right =of -way to complete the frontage improvements; and
WHEREAS the applicant appealed the conditions on the grounds that the
street improvements were an excessive expense to be required as a part of
his restaurant expansion and that he did not own the land and thereby could
not dedicate a portion of it for street purposes; and
WHEREAS the City Council conducted a public hearing on the appeal and made
the following findings:
A. The street frontage improvements and land dedication required by the Planning
Commission were reasonable requirements of the use permit to control drainage
and provide suitable access to the appli'cant's restaurant.
B. Because the applicant does not own the property and thereby may not be able
to dedicate 'a portion of it for street improvements on Boysen Street it would
be acceptable to provide frontage improvements on Santa Rosa Street in lieu
of Boysen Street improvements.
NOW THEREFORE, the City Council resolves that the applicant's appeal is
denied and that use permit no. U 0651 is approved subject to the following
conditions of approval.
1. Applicant shall dedicate sufficient property at the corner of Santa Rosa
Street and Boysen Avenue to accommodate a city standard corner radius to
the approval of the city engineer.
2. Applicant shall revise and /or install curb, gutter, driveway ramps and
sidewalk in Boysen Avenue right -of -way across entire frontage, exact
location and extent of required improvements shall be to the approval of
the city engineer. City shall issue an encroachment permit to allow site
development within the public right -of -way.
3. In lieu of conditions 1 & 2 above, the applicant may install curb, gutter
and sidewalk (with culvert for drainage) on Santa Rosa Street.
4. Applicant shall install street trees on Santa Rosa Street and Boysen Avenue
frontages to the approval of the Public Services Department.
5. Applicant shall underground existing power lines on -site to the approval
of the community development director.
6. Applicant shall provide 30 on -site parking spaces.
.7. Applicant shall prepare and submit revised precise development plans for
review and approval of the Architectural Review Commission. The plans
shall include site layout, building design, landscaping, signing, lighting
and screening.
R 3542
Resolution No. 3542`'
8. Applicant shall install a bicycle rack and handicap parking space to the
approval of the community development director.
9. Applicant shall install right turn only signs at the exit driveway on
Santa Rosa Street to the approval of the community development director.
10. Applicant shall remove the existing nonconforming signs from the site.
11. No deliveries or loading shall take place between the hours of 11:00 a.m.
and 2:00 p.m. or between 6:00 and 9:00 p.m.
1.2. The property shall be maintained in a clean and orderly manner. All plant
materials shall be maintained and replaced as necessary.
On motion of Councilman Settle , seconded by Councilman .Jorgensen ,
and on the following roll call vote:
AYES: Councilmen Jorgensen, Settle and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: None
ABSTAINED: Councilman Petterson
the foregoing Resolution was passed and adopted this 18th day of Aorii 1978.
ATTEST:
f
Cit erc J.M. Fitzparric[C
Approved as to form:
WENDT, MITCHELL, Y
SINSH MER,
de la MOTTE & LILLE
City Attorney
By Allen Grimes
Approved as to content:
City ministra ive Off4kcer
Community Deve opment Department
A, y E ngeer
C"
0
ce
RESOLUTION NO. 3541
(1978 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY
COUNCIL GRANTING AN APPEAL OF USE PERMIT CONDITIONS
OF APPROVAL FOR COUNTY OFFICES AT 3390 SOUTHWOOD
DRIVE U 0321 -A.
WHEREAS, the County of San Luis Obispo was granted approval of a
use permit for county offices by the Planning Commission; and
WHEREAS, the Planning Commission imposed six conditions of use permit
approval requiring various improvements to the building and property leased
by the applicant; and .
WHEREAS, the applicant appealed those conditions to the City Council
and the City Council conducted a public hearing on the appeal; and
WHEREAS, the City Council determined that certain conditions imposed
by the Planning Commission were unnecessary because they had eithe "r already
been completed or because particular characteristics of the county offices
did not warrant their completion- -under planned operation.
NOW, THEREFORE, the City of San Luis Obispo City Council resolves that
Use Permit No. U 0321 -A is hereby approved subject to the following conditions
of approval:
1. Use permit shall expire in five years (January 31,1983). Use permit
approval is for county offices for daytime use only.
2. Applicant shall repair existing parking lot paving, redesign layout,
provide two handicapped spaces, restripe and install wheel stops all
to the approval of the community development director.
3. Applicant shall submit a drainage plan to correct on -site drainage
problems to the city engineer for approval. Drainage problems shall
be corrected by the owner.
4. All conditions shall be complied with within one year (April 4, 1979).
5. Owner will offer to dedicate to the city storm drainage easement over
existing culvert from Johnson Avenue to adjacent creek.
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
R 3541
City Council
Use Permit U
Page 2
Resol c,`,,n No. 3541
0321 -A
u
the foregoing Resolution was passed and adopted this 18th day of
April , 1978•
ATTEST:
C e- .H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de I'a MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City IAdmimstrative Nficer
Gw'-U, Development epar ment
Q
City gineer
RESOLUTION NO. 3540 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT BE-
TWEEN THE CITY AND SAN LUIS COASTAL UNIFIED
SCHOOL DISTRICT FOR A QUITCLAIM DEED OF THE
PROPERTY OWNED BY THE CITY WITHIN THE HIGH
SCHOOL AND JR. HIGH SCHOOL PROPERTY, AND
AUTHORIZING THE EXECUTION OF SAID QUITCLAIM
DEED.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
1. .,:T.h.at certain agreement, a coot' of which is on file in the
office of the City Clerk, between the City and San Luis Coastal
Unified School District, for the City quitclaiming the property owned
by the City within the High School and Jr. High School properties,
attached hereto marked Exhibit "A" is hereby approved and the Mayor
is authorized to execute same.
2. The Mayor is authorized to execute said quitclaim deed on
behalf of the City.
3. The City Clerk shall furnish a copy of this Resolution to-
gether with a copy of the agreement approved by it to: San Luis
Coastal Unified School District and the City Engineer.
On motion of Councilman Jorgensen , seconded by Councilman
Petterson , and on the, following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Dunin, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
April , 1978.
11th day of
R 3540
-2-
ATTEST:
Y
APPROVED AS =TO FORM:
WENDT, MITCHELL, S NSHEIMER,
de la MOTTE & LILL Y, INC.
t
by Allen Grimes
N
CITY OF SAN LUIS OBISPO
APPROVED AS TO CONTENT:
Cit�inistrat Ve Officer
Community 0eveloprient Director
ity gineer
A G R E E M E N T
This agreement, executed this 4th day of April, 1978, by and between the CITY OF
SAN LUIS OBISPO, a municipal corporation, hereinafter called CITY and the SAN
LUIS COASTAL UNIFIED SCHOOL DISTRICT, hereinafter called DISTRICT, witnesseth:
1. City agrees to quitclaim to District, immediately upon the approval by both
parties of this agreement, all of its holdings within Fractional Block
No. 5 of the Schwartz Addition.
2. City agrees to initiate proceedings to abandon all public rights -of -way
within the San Luis Obispo High and Junior High School properties as
delineated on the attached Exhibit "A ".
3. District agrees to reimburse the City for the total costs of publishing
legal notices of abandonment, as required by law..
4. District agrees to the preparation and recordation of a reversion to acreage
map or parcel map of the land included within San Luis Obispo High and
Junior High School properties.
5. District agrees to be fully responsible for 500 of the total cost for the
installation of any future traffic signal control devices which the City
and District mutually agree is warranted at the new entrance of the high
school on San Luis Drive.
IN WITNESS I-MEREOF, we have set our hands hereto on the date indicated above.
DATE APR 12 1978 Approved:
ATTEST: SAN LUIS COASTAL UNIFIED SCHOOL
DI�S/TRICCTT� )
s% J. H. FITZPATRICK
City Clerk Secretary, Board of Education
APPROVED AS TO FO %1: CITY OF SAN LUIS OBISPO
WENDT, MITCHELL, NSHEIINIER,
de la MOTTE S LIL, Y, INC. s% KENNETH E. SCHWARTZ
CITY ATTORNEY It by Mayor
by Allen Grimes
APPROVED AS TO CONTENT:
City Administra ive Offer
Community D velopmen Director
AX) ot � Q-ra. /%020yb�
City Eng' eer
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RECORDLNG REQUESTED BY
i 1
THE CITY OF SAN LUIS OBISPO
and when recorded mail to
CITY OF SAN LUIS
CITY CLERK
P.O. BOX 321
SAN LUIS.OBISPO,
.s
CA 93406
CORPORATION QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of San Luis Obispo
a corporation organized under the laws of the state of California
hereby REMISES, RELEASES AND QUITCLAIMS to
San Luis Coastal Unified School District
the following described real property in the city of San Luis Obispo, county of
San Luis Obispo, state of California
All of fractional Block 5 of Schwartz' Addition to the City of San Luis
Obispo, according to the official map made by H. C. Ward, recorded
September 17, 1889 in Book A, Page 50 of Maps and that 1/2 of Buchon
Street, lying adjacent Northwesterly of said fractional Block 5.
IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be
affixed hereto and this instrument to be executed by its, Mayor and
City Clerk thereunto duly authorized.
Dated: ApR 12 ' 78
STATE OF CALIFORNIA ) SS.
COUNTY OF SAN LUIS OBISPO )
On before me, the
undersigned, a Notary Public in and for
said County and State, personally appeared
known to me to be the
President, and
known to me to be the
Secretary, of the corporation that executed
the within instrument, and known to me to be
the persons who executed the within instru-
ment on behalf of the corporation therein
named, and acknowledged to me that such corp-
oration executed the within instrument pursuant
to its by -laws or " resolution of its board of
directors.
WITNESS my hand and official seal.
Signature
by s% KENNETH E. SCHWARTZ
rlayor Kenneth E. Schwartz
by sl J. H. FITZPATRICK
city Cierk J.H. litzpatrl—cr-
J �J
RESOLUTION NO. 3539 (1978 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MINOR
SUBDIVISION NO. 78 -37, LOCATEb AT 251 MARGARITA
& 3285 SOUTH HIGUERA STREET.
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the Council, after consideration of the tentative map of Minor
Subdivision 78 -37 and the Planning Commission's recommendations,
staff recommendations and reports, thereon, makes the following
findings:
(1) The proposed parcel map and design are consistent with the General Plan.
(2) The site-is physically suited for the proposed type and density of
development which is permitted by the R -2 -S and C -H -S zones.
(3) The design is not likely to cause substantial environmental damage, or
cause serious public health problems.
(4) The design of the proposed subdivision willnot 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 78 -37 be
subject to the following conditions:.
(1) All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
(2) Subdivider shall dedicate necessary area (approximately 10 -feet) along
Higuera Street frontage of parcel 1 to accommodate street widening to the
approval of the city engineer.
(3) Subdivider shall install curb, gutter, driveway ramps, sidewalks, and
paving across entire.frontage of parcel 1 to the approval of the Public
Services Department.
(4) Subdivider shall install five street trees on frontage of parcel 1 to
the approval of the Public Services Department.
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 3539
City Council Resol uL, ,i No. 3539
M. S. No. 78 -37
Page 2
The foregoing Resolution was passed and adopted this 4th I day of
April , 1978.
ATTEST:
C_IpKla WPIS.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SIN ERIMER,
de la MOTTE & LILLEY�
City Attorney
By Allen Grimes
Approved as to content:.
i y Engin� r
n
(Odl�
RESOLUTION NO. 3538 (1978 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO.
78 -31, LOCATED AT 628 CALIFORNIA BLVD. & 601 GROVE
STREET.
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the Council, after consideration of the tentative map of Minor
Subdivision 78 -31 and the Planning Commission's recommendations,
staff recommendations and reports, thereon, makes the following
findings:
(1) All new lot corners shall be staked-by a registered civil engineer or
licensed surveyor.
(2) Final parcel map shall remove 20 foot utility easement shown across
parcels A and B.
(3) Access to parcel A shall be from California Blvd. across Parcel C, via a
perpetual access easement agreement. The alignment, width and construction
specifications and notes on final map shall be approved by the city engineer.
A common access driveway agreement shall be approved by the Board of
Adjustments and city attorney.
(4) Subdivider shall install all utilities to serve parcel A within a utility
easement across parcel C. The dimensions and alignment shall be shown on
final map and shall be approved by the city engineer. Water and sewer lines
shall be private.
(5) All new utilities shall be installed underground.
(6) Subdivider shall pay water acreage and frontage fees as determined by the
city engineer.
(7) Subdivider shall pay parkin -lieu fees in the amount of $150.for Parcel B.
On motion of Councilman Settle seconded by Councilman Dunin
and on the fol owing rol ca vote: '
AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz
NOES: Councilman Jorgensen
ABSENT: None
R 3538
s
City Council Resolut,-hn No. 3538
• M. S. No. 78 -31
Page 2
the foregoing Resolution was passed and adopted this 4th day of
April , 1978.
ATTEST:
Ci Clerk' Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SIN HEIMER,
de la MOTTE & LILLEY
City Attorney d
By Allen Grimes
Approved as to content:
v
RESOLUTION NO. 3537 (1978 . Series)
RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
GRANTING APPROVAL OF A MASTER DEVELOPMENT PLAN AND
TENTATIVE MINOR SUBDIVISION NO. 77 -357 FOR PROPERTY
AT 975 FOOTHILL BOULEVARD
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the Council, after consideration of the master plan and tentative map
of minor subdivision 77 -357 and the Planning Commission's recommendations,
staff recommendations, and reports thereon, makes the following findings:
(1) The proposed parcel map and design are consistent with the general plan.
(2) The site is physically suited for the proposed type and density of develop-
ment, which is permitted by the C -N and R -1 zones.
(3) The design is not likely to cause substantial environmental damage, or
cause serious public health problems.
(4) The design of the proposed subdivision will not conflict with public ease-
ments for access through, or use of, property within the proposed subdi-
vision.
(B) That the master development plan is hereby approved and that the tentative
map for minor subdivision 77 -357 is approved subject to the following con-
ditions:
(1) All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
(2) The final map shall note all areas subject to inundation during a 100 -year
storm and that all new building finish floor elevations shall be set at a
minimum of one foot above the 100 -year storm elevation or the buildings
flood - proofed.
(3) Subdivider shall pay water acreage and frontage fees as determined by the
city engineer for parcel C prior to final map approval.
(4) Subdivider'_'shall _dedicate.,4 .feet for public right -of -way across the street
frontage of parcels A and B,if needed,to widen sidewalk to 10 feet.
(5) Subdivider shall improve street frontage of parcel A and.B by adding 4 feet
to existing sidewalk. The added sidewalk will be constructed to city standards.
(6) A note shall be placed on the final map indicating that sufficient area for
a 50 -foot radius cul -de -sac at the easterly end of Rougeot Place will be offered
for dedication to the city when parcel C is developed.
(7) Provision shall be made to handle drainage from the Rougeot Place cul -de =sac
- through parcel G an area of adequate disposal acceptable to the city engineer.
(8) The final map shall show easements for.storm drainage across parcel C as
generally depicted on the tentative but subject to approval of the city
engineer.
(9) The final map shall contain a note that drainage improvements and structures
including off -site improvements located on parcel C may be required at the
time parcels are developed to the approval of the city engineer.
R 3537
q" of City Council Resolution-No. 3537 �
Minor Subdivision No. 77 -357
Page 2
(10) Perpetual reciprocal easements for joint use of common parking and drive-
ways by parcel A and B shall be recorded with the final map as depicted
by shaded areas on the tentative map and subject to approval of the city
attorney.
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
1978.
ATTEST:
C-Teyr J.H. Fitzpatrick
Approved as to form:
Wendt, Mitchell, Sin heimer,
de la Motte & Lilley
City Attorney
By Allen Grimes
4th day of April
Kenneth E. Schwartz
Approved as to content:
' city E Weer \
i
RESOLUTION NO. 3536 (1978 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 SAFER.OFF'_ - -_
SYSTEM FUND ALLOCATION"NO. 2.
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 Safer Off- System Fund Allocation No. 2,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk.shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to:
The County of San Luis Obispo, Engineering Department; the City Engineer;
Director•of Finance
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 4th day of April ,
1978.
1
ATTEST:.
5W-y "erc J.H. Fitzpatrick
R 3536
Approved as to form:
WENDT, MITCHELL, SIN
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
IMER,
Approved as to content:
0
<El!NX
City Administrative icer
CITY - COUNTY AGREEMENT
FEDERAL AID OFF SYSTEM PROJECT
This Agreement, entered into this day of
1978, by and between the County of San Luis Obispo, a political
subdivision of the State of California, herein referred to
as "County ", and the City of San Luis Obispo , herein
referred to as "City ",
WITNESSETH:
WHEREAS, on December 2, 1977, California Department of
Transportation forwarded official notice of apportioned
amounts due San Luis Obispo County under the Federal Aid
Highway Act in accordance with the provisions of Section
2530 of the Streets and Highways Code; and
WHEREAS, Section 2532 of the Streets and Highways Code
requires the County within sixty 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; and
and
WHEREAS, the County has complied with said requirement;
WHEREAS, this Agreement pertains to the apportionment
for the fiscal year 1977 -78; and
WHEREAS, the County is entering into this agreement for
the purpose of distributing funds under this program as
required by Section 2530 (c) of the Streets and. Highways
Code; and
3136
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 HERETO AS FOLLOWS:
1.
COUNTY agrees that CITY may receive $ 43,131.61
which is 25.88 % 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 $.8,834.40 (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.
0567
IN WITNESS WHEREOF, the parties have executed this
agreement by their duly authorized officers as of the day
and year first above written.
CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO
By By
Mayor Chairman of the Board of Supervisors
ATTEST: Authorized by Board action on
1978
By
Clerk, City of San Luis Obispo
ATTEST:
By
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFEC
James.B. Lindholm, Jr.. County Coun=
By
D uty County Counsel
Date: 2 - a 7 - 7
JW /nt
2579
SH LUIS OBISPO COURTY
ROOM 101 . COURTHOUSE ANNEX + SAN LUIS OBISPO + CALIFORNIA
GEORGE C. PROTOPAPAS
County Engineer
B. WARD PHELPS
DEPUTY COUNTY ENGINEER - FIELD
CLINTON MILNE
DEPUTY COUNTY ENGINEER - OFFICE
March 14, 1978
City Council
City Hall
990 Palm St.
San Luis Obispo, Calif. 93401
Subject: Safer Off- System Fund Allocation No. 2
Gentlemen:
COUNTY
ENGINEERING
DEPARTMENT
88G8t . ( 805 ) 544 -5500
93408
ROADS
TRANSPORTATION
FLOOD CONTROL
WATER CONSERVATION
SURVEYOR
SANITATION
Attached are three copies of an agreement for your execu-
tion. Please return all copies and upon execution by the
County Board of Supervisors, a copy will be returned for
your files. Please be advised that project plans, speci-
fications, estimates, along with right -of -way certifica-
tions, must be submitted to Caltrans by October 1, 1979
to obligate funds.
This is the second year's allocation of Safer Off- System
funds being made available to your City. The latest popu-
lation figures have been utilized to determine your agency's
share.
Sincerely,
GEORGE C. PROTOPAPAS
County Engineer
�O0.X.x0
OHN WALLO
Transportation Planning
JW /ds
Attachments
cc: Win Evans, Caltrans
and Traffic Engineer
RECEIVED
MAR 161978
CITY CLERK
SAN LUIS OBISPO, CA
RESOLUTION N0: 3535 (1978 Series)
A RESOLUTION OF THE COUNCIL OF -THE CITY OF SAN
LUIS OBISPO ESTABLISHING RATES FOR "SOLID WASTE
DISPOSAL AND SUPERSEDING RESOLUTION NO. 3154
AND RESOLUTION NO. 3320.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Pursuant to the provisions of the .Municipal Code Section
5200.6A, this Council hereby establishes the.solid waste disposal charges as
follows:
. (a) Households - For the service of collecting all refuse, garbage;
solid waste or rubbish ordinarily produced in and about the household,
but not including dead animals,.or the refuse from the construction,
demolition.or alteration of buildings; earth, rocks or incinerator ashes,
the following rates per month are established:
Single Family-Residences:
35 gallons or less --
1 collection per week, one container $3.60
1 collection per week; two containers 5.10
l collection per week, three containers 6.60
The above service includes a weekly pickup of up to one (1) cubic yard
of rubbish including tree trimmings, grass cuttings, dead plants and
weeds, provided that such rubbish shall be deposited in appropriate
containers that can be handled by one man and placed on the curb in
front of the residence.
Apartments and Duplexes:
Where individual containers are used, rates will be the same as
single family residences:
Dumpmaster container rates shall be $2.10 per unit, plus $6.00
monthly rent per Dumpmaster container for one collection per
week. Two (2) collections per week per Dumpmaster container
shall be $3.00 per unit..
(b) Commercial Establishments or Motels - For the service of collecting
all refuse, garbage, wet garbage or rubbish ordinarily produced in and
about commercial establishments or motels, but not including dead animals,
or the refuse from the construction, demolition or alteration of buildings,
earth, rocks, or incinerator ashes, each separate commercial establishment
or motel having refuse containers shall not be required to pay more than
the following rates:
RM /AG:ktm R 3535
3/27/78
Resolution No. 3535 (1978 Series)
Rates per month for the following number of collections per week:
No. of 35
gal. cans: 1 2 3 6 7
1
$3.60
$6.00
$9:00
$12.00
$14.40
2
4.50
9.60
12.00
15.60
18.00
3
5.70
10.80
15.00
18.00
21.60
4.
6.90
12.60
17.40
22.20
26.40
5
8.10
14.40
19.80
26.40
31.20
6
9.30
16410
22.2,0
30.60
36.00
7
10.50
18.00
24..60
34.80
40.80
8
.11.70
19.80
27..00
39.00
45.60
9
12:90
21.60
29.40
43:20
50.40
10
14.10
23.40
32..40
47.40
55.20
For 35 .gallon cans in excess of ten (10)., the rate shall be an additional $1.20
per can per
collection.
Rates per
month for.commercial:Dumpmaster
containers for
the
following
number of
collections per
week:
No. of cu.
1
2
3
6
7
yards:
1
$12.00
$18.00
$21.60
$42.00
$54.00
2
16:20
22.80
30.00
46.80
70.80
3
19.80
28.20
39.00
70.20
94.20
4.
24.12
36.00
51.00
93.60
117.60
5
28.44
42636
60.00
102:00
132.00
6
32.76
50.04
70.2b
132.00
156.00
8
42.00
.61.92
93.60
187.20
211.20
The above
rates include
the monthly
container rental.
Rates per
month for
commercial establishments or motels not using
No. of cu.
Dumpmaster containers or cans for the following number of
collections
feet:
per week:
7 cu.ft.
1
2
3
6
7
or less
$3.00
$6.00
$7.56
$10.80
$12.00
Each 5 cu.
.90
1.80
2.40
3.00
3.60
ft. over
7 cu. ft.
RM /AG:ktm
-2-
3/27/78
o 0
Resolution No. 3535
(1978 Series)
(c) Office Buildings, Places of Business - For the regular collection,
removal, and disposal of. rubbish from any office building using a common
container or.from any premises.or -place of business producing said refuse
(excepting those premises for which are hereinabove specified), the rate
per month for the collection shall not exceed that listed in (b) above.
(d) Each container (other than a Dumpmaster container) and its contents
shall not exceed seventy -five (75) pounds. All commercial and motel rates
shall be based upon six (6) months average quantities unless such establish-
ments contract.for irregular collections:
(e) Irregular Collections -
Each five (5) cubic feet or fraction thereof . . . . . . . . $3.60
(f) Compacted Solid Waste: For compacted solid waste placed in Dump -
master containers for collection and disposal: $6.00 per cubic yard per
pick:up._
SECTION 2. The foregoing rates for service shall become effective on and
after May 1; 1978, and shall be applied on all bills issued on or after May 1;
1978.
SECTION 3. Resolution No. 3154 (1976 Series) and Resolution No. 3320
(1977 Series) are hereby superseded as of the effective date of this resolution.
SECTION 4. The City Clerk shall certify to the passage of this resolution
and shall provide copies of this resolution to the Director of Finance and San
Luis Garbage Company.
On motion of Councilman Patterson, seconded by Councilman Jorgensen ,
and on,the following roll call vote:
AYES: Councilmen.Dunin, Jorgensen, Petterson and Mayor Schwartz
NOES: Councilman Settle
ABSENT: None
the foregoing resolution was passed
ATTEST:
J.H. Fitzpatrick
RM /AG:ktm
3/27/78
-3-
this 4th day of April , 1978.
Resolution No. 3535
Approved as to form:
WENDT, MITCHELL, SIN
de la MOTTE & LILLEY
City Attorney _
Allen
RM /AG:ktm
3/27/78
C
(1978 Series)
Approved as to content:
City Adm_ =fin'. t ative icer O�S4 --
MEE
follows:
RESOLUTION NO. 3534 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AMENDMENT NO. 1 TO AN AGREEMENT
BETWEEN THE CITY AND THE COUNTY HEALTH DEPARTMENT
FOR REIMBURSEMENT FOR OPERATION OF A CROSS - CONNECTION
INSPECTION SERVICE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. This Council hereby approves Amendment No. 1 to
Agreement between Water Purveyors and County of San Luis Obispo Health
Department for Reimbursement for Operation of a Cross - Connection Inspection
Service in the County of San Luis Obispo, attached hereto marked Exhibit "A"
and incorporated herein by reference: The Mayor is authorized to execute
said agreement on behalf of the City.
SECTION 2. The City Clerk is directed to furnish a copy of this
resolution and a copy of the executed agreement approved by it to:
Division of Environmental Health, County Health Department; Public Services
Department of the City; and the City Finance Director.
On motion of Councilman Petterson , 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 21st day of March ,
1978.
ATTEST:
Cjpf Cr&r-k'J-.H. Fitzpatrick
ktm 3/10/78
R 3534
Resolution No. 3534
Approved as to form:
WENDT, MITCHELL; SINSHEIMER,
de la MOTTE & LILL
City Attorney
/R I A t
By Allen Grimes
(1978 Series)
Approved as to content:
City Administrative'Officer
Director o -Pu l-ic ervice "s
Utilities Engineer
U
lruary 8, 1978
AMENDMENT NO. 1 TO AGREEMENT BETWEEN WATER PURVEYORS
AND COUNTY OF SAN LUIS OBISPO HEALTH DEPARTMENT FOR
REIMBURSEMENT FOR OPERATION OF A CROSS= CONNECTION
INSPECTION SERVICE IN THE COUNTY OF SAN LUIS OBISPO
This Amendment No. 1 is made and entered into this 23rd
day of March , 1978, by and between THE CITY OF sad TJJJS
ORTSPO (hereinafter termed "Water Purveyor ") and the County
of San Luis Obispo, a political subdivision and one of the Counties
of the Sta }e of California (hereinafter termed "County Health Department).
WITNESSETH:
WHEREAS, the Water Purveyor and the County Health Department
duly entered into an agreement for reimbursement dated March 15
197F, whereby Water Purvevor agrees to reimburse the
County Health Department for the operation of a Cross - Connection Insoec-
Lion Service, and
WHEREAS, Water Purveyor , and County Health
Department desire to amend said agreement as stated hereinafter, and
it is in the public interest that said amendment be consummated.
NOW, THEREFORE, in consideration of the mutual conditions,
Fromises and agreements herein set forth, Pater Purveyor
and County Health Department hereby mutually agree as follows:
1. That the recitals set forth hereinafter are true, correct
and valid.
2. That on page 3 and 4 of Section 3 of said original agreement
the $10.00 per hour rate is amended to read as follows:
"The cost of the said inspection service shall be
computed at the rate of $12.00 per hour, hereinafter
called the- "hourly contract cost ". This.hourly
contract cost includes the following presently
known and estimated costs to the COUNTY HEALTH
DEPARTMENT. The full -time salary of a Cross -
Connection Inspector- qualified to make inspections
of cross - connections; 5% of the time of the Director
of Environmental Health; 10% of the time of one
secretary; employee benefits for'said County Employees;
the expense of acquiring, operating, maintaining and
insuring an automobile for the use of the Cross-
Connection Inspector; a premium in the amount of
$1.00 for a faithful performance bond, and miscellan-
eous overhead expenses necessary to the operation
of the program, which are estimated to be $1,000.00
per year. Since the rate of $12.00 per hour is
only the best estimate that can be made at this
time and because costs may continue to increase,
the hourly contract cost of $12.00 may be uni-
laterally amended by the COUNTY HEALTH DEPARTMENT
to reflect actural and current costs of. the COUNTY
HEALTH DEPARTMENT. Such a unilateral amend -ment
of.this Agreement by COUNTY HEALTH DEPARTMENT,
however, may be effective only for succeeding one -
year agreement periods during the life of this
agreement and after notice of this amendment to
all the WATER PURVEYORS at least forty five (45)
days before the end of any one (1) year of the
operation under this agreement."
• `- 1
-3- ,
This Agreement shall be renewed automatically for each succeeding year
unless terminated by notice of non - renewal given by any individual
party to all other parties at least thirty (30) days before the end
of any one -year agreement period.
BY it KENNETH E. SCHWARTZ BY
TITLE Dlayor Kenneth E. Schwartz TITLE
AGENCY CITY OF $AN LUIS OBISPO AGENCY
DATE March 23, 1978 DATE
Approved as to form
WEI"4'DT, MITCHELL, SI iSHEIbfER,
de la MOTTE i LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Officer
Director of Public Services
Utilities Engineer
(--� 2191 Johnson Avenue
L� San Luis Obispo. Calif. 93406
P.O. Box 1489 • 543 -1200
❑Veterans Memorial Building
Paso Robles. Calif. 93446
P.O. Box 155 • 238 -1880
❑5575 Capistrano Avenue
Mascaderu. Calif. 93422
P.O. Box 813 • 466 -3000
❑286 So. 16th Street
Grover City.. Calif. 93433
P.O. Box 425 • 489.4722
❑200 East Dana Street
Nipomo. Calif. 93444
P.O. Box. 445 929.3277
DEPARTMENT OF PUBLIC HEALTH
2191 Johnson Avenue • P.O. Box 1489 • San Luis Obispo, (alifomia 93406
COUNTY OF SAN LUIS OBISPO
February 8, 1978
Mr. Robert Mote
Utilities Engineer
City of'San.Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
• HOWARD W. MITCHELL, M.D., M.P.H.
Health Officer
9 1077
y ,
�7 .Q -P F�
ti
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As has been discussed in previous correspondence -and meetings, the
San Luis Obispo Countv Health Department has been allocated the
Position of a full -time Cross - Connection Inspector.
Our Department has done a study of the costs necessary ::o fund this
full -time position and the results indicate the inspection and
admdnist -ative service will have to be .computed at the rate of $12.00
per hour, which is an increase of $2.00 over the original hourly
rate of $10.00.
In order to reactivate the program at the new rate, it will be
necessary to amend the original agrt✓ement for reimbursement for the
opera4-ion of a cross- connection inspection serv'.ce.in the County of
San Luis Obispo.
A cop,: of the Amendment with the new hourly rate of reimbursement
is attached for your review, approval and signa--ure.
HW' -I /Tid : lw
Attachment
cc: State
Health Department
HOWARD W. MITCHELL, M.D.,M.P.H.
Health Agency Director / Iealth Officer
�,lirn
TIM MAZZACANO, R.S., Director
Division of Environmental Health
WATER PURVEYOR OF CONTRACTING AGENT
City of Arrc%•o Grande:
Atascade-Co Mutual Water Company.
Avila Beach County Water District*
.Cali'. Cities Water Company- Nipomo
'Calif. Cities Water Company -Los Osos
Cambria Co_ Mr--:i ty Services District
City of Grover City
'City of Morro Bay
-Morro Rock View Mutual Water Company
Nacimiento Water Company -Oak Shores
Nipomo Community Services District
City of Paso Robles
Paso Robles B=!ach Water Assoc4.ation
City Of Pismo Beach
City of San Luis Obispo
San Luis Obispo Bay Properties
S.L.O. County Service Area No. 9
S.L.O. County Service Area No. 12
S.L.O. County Service Area No. 13
S.L.O. County Service Area No. 19
S.L.O. County c:aterworks District No.1
S.L.O. County Waterworks District No.6
Templeton Corr ^unity Services District
_.L.O. County .aterworks District. No_ 8
S.L.O. County Health Department
*Total cost of program includes cost of the
inspector, office and administration.
C
NO. OF
SERVICE
CONNECTION
EST.
APPROX.
x/1/77
HOURS
COST /YR
3099
175
$ 2100
4294
233
2916
.142
8
96
555
31
372
1758
99
ills
1590
90
1080
2582
146
1752
3689
208
2496
297
17
204
140
8
96
757
43
516
2822
159
1908
670
38
466,
21.39
121
1452
8341
471
36
2
24
1577
89
1068
20
1
12
1018
58
696
213
12
144
239
14
168
264
15
186
27)
16
192
4.71
27
324
36T8--2-1
2,081
24,972
-
208
2,500
2,239
*27,472
J
RESOLUTION NO. 3533 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL
IMPROVEMENT FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
Capital Improvement Fund appropriations be authorized to provide for the purchase
and installation of a Fire. Department communications system.
Account No. Description Amount
(85) 40- 4152 -000 Fire Department Communications $679000. DR.
System
40- 0510 -000 Appropriations 67,000. CR.
40- 0600 -000 Unappropriated Balance 675000. DR.
BE IT FURTHER RESOLVED that $67,000 be transferred from the General Fund Un-
appropriated Fund balance to the Capital Improvements Fund to provide for the
above appropriation.
On the 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 21st_ day of March ,
F4yl -f
ATTEST:
Clerk J. H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
eV,e „ 4,:, �'. ,
By Allen Grimes
Approved as to content:
+ J J JJ
.s
1
9
follows:
RESOLUTION NO. 3532 (1978 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP OF
TRACT N0. 639, AND AUTHORIZING EXECUTION OF
THE SUBDIVISION AGREEMENT, LOCATED AT 1605
TO 1685 PEREIRA DRIVE.
BE IT RESOLVED BY the Council of the City of San Luis Obispo as
SECTION 1. This Council previously made certain findings concerning
Tract No. 639 as contained in Resolution No. 3302 (1977 Series).
SECTION 2. This Council now hereby approves the final map of Tract
No. 639, located at 1605 to 1685 Pereira Drive, subject to conditions in the
Subdivision Agreement attached hereto, marked Exhibit "A" and hereby incorporated
herein, and authorizes the Mayor to execute said subdivision agreement on behalf
of the City.
On Motion of Councilman Dunin
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 is passed and adopted
ATTEST:
y Clerk J.H. Fitzpatrick
s 21st day of March , 1978.
R 3532
Resolution No. 3532 _z_
Final Map: Tract No. 639
Approved as to form:
WENDT, MITCHELL, SINSHJIMER,
de la MOTTE & LILLEY
City Attorney
It
by Allen Grimes
C'
(1978 Series)
Approved as to content:
City Administrative Officer-
unity velopmcTt Director
l
ity E I neer
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AGREENENT
THIS AGREEMENT, dated this 21st day of March 1978 by and
Day & Night Construction, Inc.
between Richard E. & Bonnie J. Hampton 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. 639 ,
located at 1605 to 1685 Pereira Drive.
City of San Luis Obispo, California ",
as approved by the City Council, on the 21st day of March ,19 78
WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 639 ,
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
a
5. 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 INIPROVENIENTS 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 accordance with said approved plans and specifications.
Tile Subdivider agrees that the work of instal I ins t!,� lbovc improvements shall
begin t•:ithin thirty. ( 30) days from the date of recording of the final map,
and that the work shall be completed within eighteen ( 19 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 delny 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 Cormnission and /or the City Council.
1. The developer shall pay the City the sum of $1,050.00 which is based upon the
following formula ($150 per lot x 7 lots = $1,050.00). This fee is in -lieu of
parkland dedication.
2. The developer shall pay the City the sum of 5145.36 for sewer (5.784262 per
person /unit x 3.59 persons /unit y 7 lots 145.36).
3. The developer shall deposit with the City a cash bond in the amount of $500.00 to
assure 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 completed the work and has been paid.
4: The developer shall plant all slope banks with an approved planting and maintain
this planting so as to have a good ground cover prior to acceptance of the work.
5. Developer shall trim existing trees on the site to the specifications of the
of the City Public Services Director. Any tree "removal shall be authorized by
the City Public Services Director.
6. Developer shall allow the C`i'ty to be reimbursed for plan checking costs.. The
actual cost of plan checking cannot be determined at this time.. The plan checking
costs will be transferred from the inspection deposit account.when it. 1s finally
determined. If upon completion of the subdivision there is insufficient funds in
the. inspection account the developer shall be obligated for the balance prior to
acceptance of the improvements by the City.
7. The developer shall pay to the City the sum of $1797.29 for water acreage and
frontage fees.
8.. Grading permit fees in the amount of $150.00 shall be deposited with and treated
as normal subdivision fees.
9. Developer shall plant 13 trees in the street tree easement along Pereria Drive to
the approval of the City Public Services Director.
As to public iands or section property included within said Subdivision, if ally,
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 Gcncral land Office,. Department of Interior, Washington, D.C.
-2-
The Subdivider here, „•attaches hereto, and as an inc-
al part hereof, and as
security for the performance of this agreement, (instrument of credit /hoed) 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 $ 35,000.00 and which is in the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements ar.isi.ng
from faulty i.,orkmanship 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 clone, 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 SO%-gf the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 1050.00 + 150.00 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 $ 1200.00 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 pni.d for Salary and expenses of said inspector or inspectors.
Article 9, Chapter I of the San Luis Obispo lluni.cipal Code, entitled
"Subdivision" - All plans and specifications on file with said City I:110ineer 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;
21st day of March , 1978
Approved as to form
City Attorney
23rd day of March
SubdiviiFlgr
19 78 S7 KENNETH E. SCHWARTZ
Mayor Kenneth E. Shciwattz
�• �� ...- �_�_ �— Attest. s7 J. H. FITZPATRICK
City Engineer Wayne Peterson City Clerk J.H. Fitzpatrick
- 4 -
RESOLUTION NO. 3531 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE PARKS
& RECREATION FUND APPROPRIATIONS FOR THE 1977 -78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
appropriation for the Parks & Recreation Fund is increased to provide additional
funding for athletic league programs of the Parks & Recreation Department.
Account No. Description Amount
(60) 11- 5713 -337 Athletic League Expense $4,000.00 DR.
11- 0510 -000
11- 0600 -000
Appropriations
Unappropriated Balance
49000.00 CR.
49000.00 DR.
On the motion of Councilman Dunin 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 21st day of March ,
1978.
ATTEST:
y ler< J. H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
RCM:mp
Approved as to content:
K J.3.sl
i
J
C
RESOLUTION NO._ 3530
(�J
(1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN
WHEREAS, the Planning Commission and City Council have held hearings
in accordance with the California Government Code and the General Plan Amendment
Regulations of the City; and,
WHEREAS, proposed amendments have resulted from a systematic program
to achieve consistency between the general plan and zoning regulations and to
periodically reevaluate general plan policies in response to changing conditions
and amendment requests from citizens; and,
WHEREAS, the environmental impact of each part of the amendment and of
the amendment as a whole has been evaluated by the Environmental Review Committee
in an initial study in accordance with the state and local regulations and the
impacts of these amendments have been found to require no additional study; and,
WHEREAS, proposed amendments were considered at a public hearing held
February 28, 1978, and each item was acted upon by motion and roll call vote
recorded in the minutes of that meeting; and,
WHEREAS, proposed amendments are fully described in the exhibits attached
to and made a part of this resolution:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
(1) The, Urban Land. Use and Growth Management Element of the City of San
Luis Obispo, map and text, are amended as shown in the attached
exhibits.
(2) The Community Development Department shall see that these amendments
are reflected in the general plan maps and publications which are on
display in City Hall and which are made available to the public.
(3) The Community Development Department shall, as directed by the council
by minute order during the hearing of February 28, 1978, initiate such
zoning actions and additional reports to the council as are-necessary
to implement these amendments and maintain consistency between the
general plan and zoning regulations.
R 3530
Resolution No. 3530
(1978 Series)
(4) These amendments shall take effect thirty days from the date of
adoption of this resolution.
On motion of Councilman Dunin 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 21st day of March ,
1978.
ATTEST:
C C e. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY'
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Okficer
ag
Community D ve opmeTrector
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RESOLUTION NO. 3529 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO DESIGNATING RESPONSIBILITY FOR SMALL
CLAIMS ACTIONS TO COLLECT MONEYS DUE THE CITY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby designates Account Clerk Judy Milhoan
of the Finance Department as official representative of the city in all
matters presented to the Small Claims Court regarding debts owed to the
city under Section 1211 of the Municipal Code.
SECTION 2. The City Clerk is directed to file a certified copy of
this resolution with the Small Claims Division of the San Luis Obispo
Municipal Court.
On motion of Councilman Dunin
and,on the following roll call vote:
seconded by Councilman Petterson
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 21st day of March
1978. .
ATTEST:
Cleric J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILL_ Y
City Attorney
By Allen Grimes
AG:ktm 3/6/78
Approved as to content:
R 3529
RESOLUTION NO. 3528 (1978 Series)
RESOLUTION OF THE CITY COUNCIL _OF SAN LUIS OBISPO GRANTING_
APPROVAL OF TENTATIVE :MAP FOR TRACT NO_.v710, LOCATED AT
750'CHORRO STREET
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the Council, after consideration of the tentative map of Tract 710 and
the Planning Commission's recommendations, staff recommendations, and
reports thereon, makes the :following findings:
(1) The tentative map is consistent with the general plan.
(2) The design and improvements of the proposed subdivision are consistent
with the general plan.
(3) The site is physically suitable for the type of development proposed.
(4) The site is physically suitable for the proposed density of development.
(5) The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
(6) The design of the subdivision or the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision.
(7) The design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
(B) That the approval of the tentative map for Tract 710 be subject to the
following conditions:
(1) Tract corners shall be set by a registered civil engineer or land surveyor.
(2) A registered civil engineer or land surveyor shall certify that the structures
are located correctly prior to release of foundations for framing.
(3) All utilities shall be underground.
(4) Subdivider shall soundproof the interior of the dwelling units to a 45 db
level consistent with general plan noise element.
(5) Subdivider shall install individually metered water service to each dwelling
unit. Meters shall be clustered in sidewalk at property frontage.
(6) Subdivider shall pay water acreage and frontage charges as determined by the
city engineer.
(7) Sewer system on site shall be private.
(8) Grading on site, if not completed prior to the recordation of the final map,
shall be bonded for to the approval of the city engineer.
(9) Subdivider shall construct standard street improvements on Peach Street
consisting of curb, gutter, sidewalk, handicap ramp at corner and street
paving. If street improvements not completed and accepted prior to recordation
of the final map, bonding to the approval of the city engineer shall be required.
(10) Subdivider shall repair existing fences or install new fences at property
lines to the satisfaction of the community development director.
(11) Conditions, covenants and restrictions shall be approved by the city attorney
and community development director prior to final map approval. CC &R's shall
contain the following provisions:
R 3528
Resolution No. 3528
Page 2
(12)
(13)
(14)
a. Creation of a homeowners association to enforce the CC &R's and provide
for professional, perpetual maintenance of all common area including
driveway and all building exteriors in a first class condition.
b. Grant to the City of San Luis Obispo the right to maintain common area
and buildings if the homeowners association fails to perform, and
assess the homeowners association for expenses incurred.
c. No parking on the site except in approved designated spaces.
d. Grant to the City of San Luis Obispo the right to tow away vehicles, on
a complaint basis, which are parked in unauthorized places.
e. No outside storage of boats, campers, motorhomes and trailers, nor long-
term storage of inoperable vehicles.
f. No outside storage by individual units except in designated storage areas
and individual patios.
g. Homeowners association to provide for maintenance and repair of private
sewer and water lines.
Ii. No change in city required provisions of CC &R's without prior City Council
approval.
All parking spaces in parking areas shall not exceed 6% slope. Parking spaces
on uphill side of parking areas shall have wheel depressions to help prevent
cars rolling out of space.
Subdivider shall provide a drainage system northerly of building "C" and in
area of the hot tub and sauna acceptable to the city engineer.
Subdivider shall prepare and submit for approval of the community development
director a site lighting plan for all exterior lighting.
On motion of Councilman Dunin 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
ATTEST:
U. Fitzpatrick
Approved as to form.
Wendt, Mitchell, Sins imer,
de la Motte & Lilley
City Attorney
By Allen- Grimes
is 21st day of march , 1978.
th E.
Approved as to content:
tz
v Pnnin nr
1
RESOLUTION NO. 3527 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
A. J. $ C. L..BUFFA, T. M. $ V. L. COPELAND, AND
M. W. $.C.C. DEASY FOR CONSTRUCTION OF A WATERLINE.
FOR TRACT 609.
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
A. J. $ C. L. Buffa; T. M. & V. L. Copeland; and M. W. & C. C. Deasy for
construction of a waterline for Tract No. 609 under the Quarterly Program,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: the property owners,
the City Engineer, the Director of Public Services and the Director of Finance.
On motion of Councilman Dunin 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 21st day of March ,.
1978.
ATTEST:
W Clerk J.H. Fitzpatrick
R 3527
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
en Grimes
* C)
Approved as to content:
City Administrative OffIter
AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT, dated ,March 21 1978, for the convenience
of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City," and A. J. BUFFA, C. L. BUFFA,
T. M. COPELAND, V. L. COPELAND, M. W. DEASY AND C.C. DEASY, the fee owners
and developers of the real property described herein, and each of them,
hereinafter collectively called "Developer."
WITNESSETH:
In consideration of the mutual benefits, promises and agreements set
forth herein, the parties agree as follows:
1. The City agrees to contract the installation of, and assist.in
funding the following described water system improvements in accordance with
Municipal Code Section 7410.9,relating to main extensions to new customers
other than subdivisions, and City Council Resolution No. 2435, adopted on
March 9, 1973, which resolution is made a part of this agreement as though
specifically set forth herein:
A. Construct approximately 200 feet of 8 inch diameter water
line in Mission Lane from Broad Street westerly to the boundary
of the proposed Tract 609 development. This portion of the project
to be financed by the City under provisions of Resolution No. 2435,
otherwise known as the 11$20,000 Quarterly Funding Program. ",
B. Construct approximately 150 feet of 8 inch diameter water
line within the proposed Tract 609 development together with fire
hydrant services and.related facilities. This portion of the
project to be financed by the Developer as provided below
AG:ktm 2/28/78
1
2. Said water system improvements have been requested by Developer
to provide necessary water services.for proposed Tract 609 to be constructed
upon the real property generally described as located on Mission Lane west of
Broad Street, San Luis Obispo, California, and more particularly described
by Exhibit "A ", attached hereto, and incorporated herein by reference. .
3. Developer agrees to prepare plans and specifications relating to
the work to City standards .and City shall call for bids, award a contract
and administer the contract in accordance with the provisions of Section 724
of the City Charter.
4. Developer agrees to pay the following amounts for the cost of
said improvements:
;X� A. At.the time of signing this agreement, a deposit in the sum
31Z
ILLi7e O`2of $1,380.00 which is 10a of the estimated total cost of construction.
9' B. Prior to the commencement of the work and immediately
following the opening of bids, such additional amount as is necessary
to pay for the improvement described in Paragraph 1B above in full,
to be computed as.follows: The successful bidder's contract price
plus pro rated. City engineering and inspection and administrative
cost, less the deposit. It is understood that if said balance is
not paid to the City within sixty (60) days after notification of
the determination of the cost of said work, no improvements will be
made and the 10% deposit will be forfeited and retained by the City.
C. The cost of all change orders, to be paid within ten (10) days
after receiving notification thereof from the City.
5. For planning purposes, the City estimates that the water system
improvement will be completed within five (5) weeks after the contract is
awarded, and City agrees to use due diligence in seeking timely contract
performance. However, the parties recognize that City cannot guarantee
timely performance, and Developer agrees that City shall not be responsible
AG:ktm 2/28/78 Page 2
for any loss incurred by it as a result of delays in contract completion.
Developer also agrees to hold City harmless from all claims by third persons,
purchasers or tenants which are based upon delays in performance of the water
main construction contract.
6. Developer agrees that he will not seek a certificate of occupancy,
and he will not permit others to occupy, the project to be constructed by
it upon the real property referred to herein prior to the completion of the
water system .improvements construction contract.
7. This agreement, shall be binding upon, and shall inure to the benefit
of, the heirs, assigns, and all other successors in interest of the parties
STATE OF CALIFORNIA
ss. :
couNrY of Sin r,n;s oh;sn° s hereto have executed this agreement on
E On March 2, 1978
o , before me,
U
u said State, personally appeared
STATE OF CALIFORNIA
COUNTY OF San T , i a nbi cY��a. ELOPER:
vOn March 2, 1978 � , 111before �me,; I
m said State, T. M. Copeland
personally appeared . i;•L/r
I' Il
STATE OF CALIFORNIA _
COUNTY OF San Luis Obi
53.
a March
o On 2 1978
U before me,.
said State, personally appeared_`_
c
m
u
E
LL
known to me to be the person_ whose name 7�i_ _
asubscribed to the within instrument and acknowledged to me
T that
executed the same.
WITNESS m
an and ofi{cial seal. --
E
t° Signature
Julie A. Warthen
Name (Typed or printed)
AG:ktm 2/28/78
N
a
i
. uopeiand
C. Deasy
Page 3
ATTEST:
67 1. H. MPATRICK
City C1erkJ.H. Fitzpatrick
Approved as to form:
IVENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLAY
City Attorney
y Aden
AG:ktm 2/28/78
CITY OF SAN LUIS OBISPO,
A Municipal Corporation
s% KENNETH E. SCHWARTZ
Mayor Kenneth . E. Schwartz
Approved as to content:
City Administrative Officer
Director of Public Services
Utilities Engineer
Page 4
. 1•
RESOLUTION NO. 3526 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
CAPITAL IMPROVEMENT FUND APPROPRIATIONS FOR THE 1977 -78 FISCAL YEAR.
BE IT RESOLVED by the Council of-the City of San Luis Obispo that the
following capital improvement fund appropriation account be increased
to provide additional funds necessary for the construction of the
Sinsheimer Swimming Pool complex.
Account No.
(40) 40- 5761 -629
40 -0510 -000
40- 0600 -000
Description
Sinsheimer Swimming Pool
Appropriations
Unappropriated Balance
Amount
$181,000 DR.
1812000 CR.
181,000 DR.
On the motion of Councilman Dunin , 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
1978.
ATTEST:
y Clerk J. H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
RCM :mp
adopted this 21st day of March ,
r Kennetn t.
Approved as to content:
R 3526
RESOLUTION NO. 3525 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
APPROPRIATIONS 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
appropriations of Federal Antirecession Assistance funds are authorized to
maintain basic services and levels of public employment.
Account Description Amount
60- 3623 -484 Antirecession Assistance Program
7th Quarter Allocation
Dept•
25
Finance - Office Equipment
1,950..
DR.
40
Community Development - (Engineering)
Storm Drain Mapping Program
2,500.
DR.
60
Recreation - Equipment $ Repairs
1,000.
DR.
80
Police - Training $ Equipment
22500.
DR.
85
Fire - Vehicle Repair
2,497.
DR.
10,447.
DR.
60- 1437 -010
Antirecession Assistance Program
7th Quarter Revenues Received
$10,447.
CR.
On motion of Councilman Dunin Seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing Resolution was passed and adopted this 7th day of March ,
1978.
Kenneth E. Sc
ATTEST:
C1ercJ.H. Fitzpatrick
tz
R 3525
Approved as to form:
WENDT, MITCHELL, SI J HEIMER,
de la MOTTE $ LILLE
City Attorney 1
By Allen Grimes
�I
Approved as to content:
RESOLUTION NO. 3524 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL
FUND AND ENTERPRISE FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
appropriations be increased to provide additional funding for the City's
Insurance Program.
Account No.
Description
Amount
General Fund
01- 3209 -120 (05)
Fire Insurance Control Account
$ 9,800.
DR.
01- 3309 -123 (05)
Liability Insurance Control Account
86,000.
DR.
01- 3209 -129 (05)
Other Insurance Charges
45,300.
CR.
01 -3200 -000 (05)
Distributions to Other Funds
220200.
CR.
NET GENERAL FUND
$28,300.
DR.
01- 0510 -000
Appropriations
$28,300.
CR.
01- 0600 -000
Unappropriated Balance
28,300.
DR.
Water Fund
50- 6609 -123 (50)
Liability Insurance Distribution Acct.
$ 6,250.
DR.
50- 0510 -000
Appropriations
6,250.
CR.
50- 0600 -000
Unappropriated Balance
--- 6,250.
DR.
Parking Fund
51- 6809 - 123 -(50)
Liability Insurance Distribution Acct.
$ 1,300.
DR.
51- 0510 -000
Appropriations
1,300.
CR.
51- 0600 -000
Unappropriated Balance
1,300.
DR.
Sewer Fund
52- 7209 -123 (50)
Liability Insurance Distribution Acct.
$ 3,100.
DR.
52- 0510 -000 -- .Appropriations
3,100.
CR.
53- 0600 -000
Unappropriated Balance
3,100.
DR.
'TOTAL APPROPRIATIONS
$38,950.
On the motion of rn,,nrilman n,m;n seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
R 3524
the foregoing Resolution was passed and
1978.
ATTEST:
Cit rc .H. Fitzpatrick
.Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLE
City Attorney
By Allen Grimes
RESOLUTION NO. 3523 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING WATER
FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED that the following appropriations of the Water Fund are adjusted
to provide additional funding for the operation of Salinas Reservoir and water
distribution from Whale Rock Reservoir.
Account No. Description
50- 6013 -290 (50) Salinas Water Expense
50- 6013 -300 (50) Whale Rock Water Expense
TOTAL OPERATING BUDGET INCREASE
40- 6261 -632 (40) Water Treatment Plant
- Preliminary-Design
40- 6362 -739 (40) Water Reservoir #1
Cover: Project
TOTAL CAPITAL BUDGET DECREASE
Amount
$ 57,000. DR.
58,000. DR.
$115,000. DR.
25,000. CR.
90,000. CR.
115,000. CR.
BE IT FURTHER RESOLVED that the Budgeted Transfers from the Water Fund to the
Capital Improvements Fund be decreased in the amount of $115,000. to reflect
the above budget adjustments.
On motion of Councilman Dunin seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing resolution was passed and adopted this _7th_ day of March ,
1978.
ATTEST:
C' I erc J.H. Fitzpatrick
R 3523
Approved as to form:
WENDT, MITCHELL, SINSHEIMER
de la MOTTE $ LIL Y
City Attorney
By Allen Grimes
Approved as to content:
RESOLUTION NO. 3522 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
THE CITY OF SANTA BARBARA FOR A JOINT NARCOTIC
ADDICT APPREHENSION AND REHABILITATION PROGRAM.
/C
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 City of Santa Barbara, for a joint Narchotic Addict Apprehension and
Rehabilitation Program, sponsored by Office of Criminal Justice Planning,
is hereby approved and the Mayor is authorized to execute the same..
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: the Santa Barbara
Police.Department and the San Luis Obispo Police Department as set forth
in the agreement.
On motion of Councilman Dunin , seconded by Councilman Settle ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing Resolution was passed and adopted this 7th day of March ,
19 78.
ATTEST:
FINM
Uflefg'J.H. Fitzpatrick
R 3522
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Offic
Police ref
13 1-7
^EITVIRN TO.
CITY CLERK
;'. O. DRAWER P•P
SANTA BARBARA, CALIF.
A G R E E M.E N T
THIS AGREEMENT, made and entered into this �W)
day of 1978, by and between
CITY OF SANTA BARBARA, a municipal
corporation hereinafter referred
to as "SANTA BARBARA ";
and
CITY OF SAN LUIS OBISPO, a body
corporate and politic, hereinafter
referred to as "SAN LUIS OBISPO ".
W I T N E S S E T H:
WHEREAS, Santa Barbara and San Luis Obispo deem it beneficial
to participate in a Regional Narcotic Addict Control and Crime Reduc-
tion Program -- Second Year, to be funded by the California Office of
Criminal Justice Planning (OCJP); and
WHEREAS, Santa Barbara has been designated by OCJP as
the grant recipient; and
WHEREAS, the terms of the grant provide that Santa
Barbara should distribute to neighboring public entities a certain
portion of said grant funds it receives from OCJP; and
WHEREAS, Section 6500, et. seq., of the Government Code
provides that cities may enter into agreement to jointly exercise
any power common to the contracting parties;
NOW, THEREFORE, Santa Barbara and San Luis Obispo mutually
agree as follows:
-1-
1. San.Luis Obispo shall provide one Detective to
participate full time in the Narcotic Addict Control and Crime
Reduction Program Second Year.
2. Santa Barbara will reimburse San Luis Obispo from
OCJP funds actual costs up to a maximum of $1,734.85 per month,
for salaries and benefits of personnel provided by San Luis Obispo
to participate in this Program. From July 1, 1978, a six percent
increase in the maximum personnel costs reimbursement will become
allowable. Duration of this agreement will be limited to the ex-
tent of time OCJP funds are available (approximately nine to ten
months unless supplemental funds are granted).
3. San Luis Obispo will maintain records as required by
OCJP Fiscal Affairs Manual and provide City with appropirate docu-
mentation to support claims for reimbursement. San Luis Obispo will
also maintain operational records pertaining to the Program as iden-
tified by the Project Director.
4. In accordance with OCJP grant requirements, San Luis
Obispo shall provide a minimum of 5.3 percent of the amount of grant
funds provided by OCJP, and conveyed to San Luis Obispo pursuant to
this Agreement, as "hard- match" funds to be used for benefit of the
grant.
5. All equipment and supplies provided by Santa Barbara
to San Luis.Obispo shall be replaced by San Luis Obispo if lost,
stolen or damaged other than through normal wear.
6. San Luis Obispo agrees to defend, indemnify and hold
harmless Santa Barbara, its agents, employees and officers against
any and all damages, claims, liabilities, costs, suits, or expenses
arising out of any act or omission of San Luis Obispo or its employees,
-2-
r ,
subcontractors, agents, officers, or consultants in connection with
or attributable to the performance of the services provided for
herein.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement in duplicate on the date first above written.
Approved as to Content:
ie of /Polk
Approved as to Form:
ity Attorney
Attest:
Deputy City Clerk
CITY OF SANTA BARBARA,
a
By
P
i�
�f
Approved as to Content:
Chiefjof Police
Approved as to Form:
City Attorney
Attest.:
s7 J. H. FITZPATRICK
City Clerk
CITY OF SAN LUIS OBISPO
-3-
S7 MNETH E. SCHWARTZ
Mayor
RESOLUTION NO. 3521 (19 78 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS_
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
SCHENBERGER, ROSS $ TAYLOR, INCORPORATED FOR AN
APPRAISAL OF PROPERTY GENERALLY BOUNDED BY PALM,
MONTEREY, OSOS AND CHORRO STREETS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "1"
and incorporated herein by reference, between the City of San Luis Obispo and
Schenberger, Ross $ Taylor, Incorporated, for appraisal for decision- making
purposes of property generally bounded by Palm, Monterey,. Osos and Chorro Streets,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: Schenberger, Ross €r
Taylor, Incorporated; the City Engineer; the City Administrative Officer; and
the City Finance Director.
On motion`of Councilman Dunin seconded by Councilman. Settle ,
and on the following roll call vote:.
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None y
ABSENT': Councilman Petterson
the foregoing Resolution was passed and adopted this 7th day of March
1978.
ATTEST:
C.i._ erk J.H. Fitzpatrick
R 3521
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrative Of er
City En g' eer
EO
AGREEMENT FOR APPRAISAL SERVICES
THIS AGREEMENT, made and entered into this 7th day of March ,
1978, by and between the City of San Luis Obispo, a municipal corporation,
hereinafter called "City," and Schenberger, Ross $ Taylor, Incorporated,
hereinafter called "Appraiser."
WITNESSETH:
WHEREAS, the City has determined that an appraisal should be made for
decision making purposes of the properties situated generally within the
boundaries of Palm Street, Monterey Street, Osos Street and Chorro Street; and
WHEREAS, Appraiser is capable of furnishing the professional services
herein referred to and is equipped, qualified and experienced in appraisal of
this type;
NOW, THEREFORE, it is hereby mutually agreed by and between.the
parties hereto as follows:
SECTION 1.0 EMPLOYMENT
City hereby employs Schenberger, Ross & Taylor, Incorporated, as an
independent contractor, to furnish the professional services covered by this
agreement upon the terms and conditions set forth herein, and Appraiser
hereby accepts such employment.
SECTION 2.0 ADMINISTRATION
The City Administrative Officer of the City is qualified to act as
agent for the City in the administration of this contract and is hereby
authorized to direct the commencement of work and disbursement of funds
at his discretion subject to City administrative procedures and the terms
of this agreement.
ktm 2/24/78
SECTION 3.0 DESCRIPTION OF PROJECT
The project contemplated by this agreement and the general location
thereof, is described as follows:
Appraise the properties bounded by Palm Street, Monterey Street,
Osos Street, and Chorro Street, as marked on Exhibit "A",
attached hereto and incorporated herein by reference.
SECTION 4.0 APPRAISER SERVICES
See Exhibit "B" attached hereto and incorporated.herein by
reference.
SECTION 5.0 DUTIES OF CITY
City shall make available to the Appraiser maps with boundary
dimensions of the sites.
SECTION 6.0 APPRAISER COMPENSATION AND METHOD OF PAYMENT
City agrees to pay Appraiser a maximum of Four Thousand Dollars
($4,000.00) for Alternate Number 1 as stated in Exhibit "B ".
City agrees to pay Appraiser a maximum of Six Thousand Dollars
($6,000.00) for Alternate Number 2 as stated in Exhibit "B ".
City agrees to pay Appraiser the rate of Twenty Five Dollars ($25.00)
per hour worked upon receipt of itemized billings and after completion of
the work called for in Exhibit "B"
SECTION 7.0 CANCELLATION OF AGREEMENT OR SUSPENSION OF PROJECT
City may cancel this agreement or suspend work on the project at.any
time, provided that such notice of cancellation or suspension shall be given
in writing. Appraiser agrees to cease all work under this agreement upon
receipt of-said notice and to hold City liable only for that work completed
to the date of notice.
ktm 2/24/73 - 2 -
0
Appraiser shall relinquish to the City all records, reports and
written information regarding the services to be performed that Appraiser
has in its possession at the time of cancellation.
SECTION 8.0 NOTICE
The following addresses shall be used for the purpose of notice
under this agreement:
City Clerk
CITY: City of San Luis Obispo
P. 0. Box.321
San Luis Obispo, CA 93406
APPRAISER: Schenberger, Ross & Taylor,
Incorporated
450 Marsh Street
San Luis Obispo, CA 93401
SECTION 9.0 INDEMNIFICATION
Appraiser agrees to indemnify and hold harmless the City, its
officers, agents and employees from all claims or losses occurring or
resulting from the performance of services by Appraiser in connection
with the performance of this agreement.
SECTION 10.0 'TIME OF COMPLETION OF WORK
Appraiser must complete the work by the following schedule.
Appraiser shall keep the City informed as to progress and provide the City
with preliminary information as it becomes available:
Alternate No. 1: Estimated six (6) weeks from date of acceptance.
Alternate No. 2: Estimated minimum of ten (10) weeks from date
of authorization to proceed.
ktm 2/24/78 - 3 -
IN WITNESS WHEREOF, the parties hereto have executed this agreement
on the day and year first above written.
SCHENBERGER, ROSS & TAYLOR,
INCORPORATED
CITY OF SAN LUIS OBISPO
By it KENNETH E. SCHW.ARTZ .
Mayor Kenneth E. Schwartz
ATTEST:
!. H: FMATRICK
City Clerk J. H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
City Administrative Offs— r
ktm 2/24/78 4 -
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Real Estate Appraisers, Right —of —Way and Environmental Constdtants
February S, 1978
" In accordance with your request, I have reviewed a number of properties
�
, proposed to be appraised for the City for decision making purposes. The
: *' properties are situated generally within the bounds of Palm and Monterey
v* Streets, and Osos and Chorro Streets; including a total of four struc-
C tures, all of which front on Palm Street.
It should be noted that establishing fee land values and improvement
values will be the easiest and.least. time consuming portion of the
,,,.. assignment.
The complex and most time consuming portion of the project will involve
10. the following:
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1: Separating the fee values among the various lease
interests and easement holders.
Z. Determining damages for loss of permanent onsite oark-
ing, and possigle loss of direct access for loading
and clients, from the areas proposed to be acquired.
3. Fulfilling the RAAP requirements, which involve a
tremendous amount of paper work _ and a great deal of
personal contact with owners and tenants.
4. Contacting all affected interest holders and inviting
them to accompany the appraiser on the inspection of
the premises.
5. Drafting a formal narrative report.
L'
IS /J
1.
I would like to suggest that a preliminary estimate of value and an
estimate of damages and possible RAAP payments might be in the City's
best interest. This suggestion is predicated mainly upon the almost
impossible time constraints that the City is faced with. It would
also involve much less of my time initially, and therefore minimize
the cost of my services to the City.
Mr. Thomas Gingg
,%
Community Development Department
City of San Luis Obispo
'
990 Palm Street
San Luis Obispo, CA 93401
Dear Mr. Gingg:
" In accordance with your request, I have reviewed a number of properties
�
, proposed to be appraised for the City for decision making purposes. The
: *' properties are situated generally within the bounds of Palm and Monterey
v* Streets, and Osos and Chorro Streets; including a total of four struc-
C tures, all of which front on Palm Street.
It should be noted that establishing fee land values and improvement
values will be the easiest and.least. time consuming portion of the
,,,.. assignment.
The complex and most time consuming portion of the project will involve
10. the following:
M
Mme.
V �.
wy•
ai•
E.
N
1:
.��h
1: Separating the fee values among the various lease
interests and easement holders.
Z. Determining damages for loss of permanent onsite oark-
ing, and possigle loss of direct access for loading
and clients, from the areas proposed to be acquired.
3. Fulfilling the RAAP requirements, which involve a
tremendous amount of paper work _ and a great deal of
personal contact with owners and tenants.
4. Contacting all affected interest holders and inviting
them to accompany the appraiser on the inspection of
the premises.
5. Drafting a formal narrative report.
L'
IS /J
1.
I would like to suggest that a preliminary estimate of value and an
estimate of damages and possible RAAP payments might be in the City's
best interest. This suggestion is predicated mainly upon the almost
impossible time constraints that the City is faced with. It would
also involve much less of my time initially, and therefore minimize
the cost of my services to the City.
S �
2�•
J.r. The preliminary estimate could be utilized for decision making purposes;
,'J'• and a finalized formal report, requiring.owner notification, etc., could
be completed pending the results of discussions between the City and
Coun ty.
The information gathered and analyzed by our firm for the preliminary
',. estimate would work directly into the final report and vould therefore
f' not be a duplication of effort. We would make every effort to obtain
are fable preliminary estimate, anticipating inflation, etc.; so as to
eliminate a big surprise at the time of final report submission.
Our firm proposes the following alternatives:
Altenzative Nwwer 1
Cuz
1: Investigate the subject properties and submit a preliminary estimate of
value and estimated costs in an informal report format. Estimated time
of completion is six weeks. Estimated fee is a range between $3,500 and
$4,000.
The report would be in summary form with major emphasis on the following
subject property data:
1. Land value estimate
2. Imorovement value estimate
3. Damages estimate if applicable for:
A. Loss of parking
B. Loss of direct access to the areas proposed to acquire
C. Other damages
4. Demolition estimate if applicable
+' 5. RAAP payments:
A. Moving entitlement estimate
„ *.. B. Business payment estimate.
Item 3(A) will be difficult to assess accurately without studying the
i various lease agreements, which we know exist on some of the
g parcels.
However, a generalized estimate can be made on the basis of one or
` two of the parking agreements that we are aware of.
Item 5(B) and the probability of payment for loss of 'good will' is dif-
ficult to ascertain without getting into the owners tax statements.
It should also be noted that the City will be responsible for actual
moving expenses, as evidenced by receipted bills, if an owner chooses
i. to continue his business. This is going to be very expensive for the
auto dealership.
In these instances I would try to estimate the higher end of the prob-
able costs.
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AZter7zative Pitunber 2
In order to do a complete narrative appraisal and comply with all the
paper work requirements of RAAP, I estimate that this assignment will
take an absolute minimum of one hundred twenty days and I could not
guarantee completion within that time, but I would try.
The complexity of this assignment is at th
all concerned; and I believe that it would
for the entire assignment, without knowing
required to do. The only alternative that
stances is to quote a fee which would be a
anticipate.
is point really unknown to
be unfair to quote a fee
exactly what I wi'71 be
I have under these circum-
maximum that I could possibly
I believe that the entire job could be accomplished within an estimated
fee range of $7,000 to $8,000, but I would have to protect myself by
stating a maximum of $10,000. In most instances where I have done
larger City assignments, I have charged for my time at $200 per day
or $25 per hour worked. I do not charge the maximum unless that amount
of time is used or surpassed.
Thank you for this opportunity to submit a proposal on this assignment.
If you have any questions, please feel free to call me.
Respectfully submitted,
Walter F. Ross
Appraiser
WFR:aI
■
RESOLUTION NO. 3520 (1978 Series)
A RESOLUTION OF INTENTION TO GRANT CABLE TELEVISION
FRANCHISE.
WHEREAS, Sonic Cable TV has applied to the City for renewal of its
franchise; and
WHEREAS, Sonic Cable TV has indicated that all equipment has been
recently upgraded and renovated in anticipation of such renewal; and
WHEREAS, the City Council deems it.to be in the public interest to
award anew franchise for cable television service;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. That in accordance with Article XIII of the San Luis Obispo
City Charter, Ordinance No. 244 (1962 Series), as amended by Ordinance No. 288
(1964 Series) of the City of San Luis Obispo, and application received pursuant
to Ordinance No. 244, the Council of the City of San Luis Obispo hereby declares
its intention to grant a non - exclusive franchise to construct, operate and
maintain a community antenna television system in the City of San Luis Obispo
to SONIC CABLE TV for period of fifteen (15) years.
SECTION 2. The franchise payment shall be four percent (4 %) of the
monthly total gross receipts and the time and amount of minimum payment shall
be as set forth in Section 5 of Ordinance No. 244, as amended.
SECTION 3. The rate permitted to be charged to each subscriber thereto
shall be as provided in Resolution No.2643 (1974 Series).and Resolution No. 1088
(1963 Series)
SECTION 4. The terms and conditions of the franchise shall. be in
accordance with Ordinance No. 244 (1962 Series), as amended, and the
application of the proposed Grantee, copies of which are on file in the office
of the City Clerk, City Hall, 990 Palm Street, San Luis Obispo, California.
AG:ktm 2/28/78
R 3520
r
` U
Resolution No. 3520 (1978 Series)
SECTION 5. A public hearing shall be held on _:April 4 °_197.8- ,
at ? -7'p- P.M. in the Council Chambers of the City Hall, 990 Palm Street,
San Luis Obispo, California, when any person having any interest therein or
any objections to the granting thereof may appear before the City Council and
be heard thereon.
SECTION 6. The City Clerk shall publish this Resolution in the
Telegram- Tribune, a newspaper published and circulated in said City at least
once, within.ffteen.(15) days of the passage hereof.
On motion of- Councilman Dunin , seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilman Dunin, Jorgensen, Settle:and Mayor Schwartz
NOES: None
ABSENT: Councilman Patterson
the foregoing Resolution was passed and adopted this - 7th- day of _ March
1978.
ATTEST:
City erk . Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
Approved as to content:
AG:ktm 2/28/78 - 2 -
RESOLUTION NO. 3519 (1978 Series)
RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT 687, LOCATED
AT SOUTH STREET BETWEEN MEADOW AND KATY STREETS.
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the council, after consideration of the tentative map for Tract 687
and the Planning Commission''s recommendations, staff recommendations, and
reports thereon, makes the following findings:
(1.) The proposed map is consistent with applicable general and specific plans.
(2) The design or improvement of the proposed subdivision is consistent with
applicable general and specific plans.
(3) The site is physically suitable for the type of development.
(4) The site is physically suitable for the proposed density of the development.
(5) The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish and wildlife or their habitat.
(6) The design of the subdivision or the type of improvements is not likely to
cause serious public health problems.
(7) The design of the subdivision or the type of improvements will not conflict
with the easements, acquired by the public at large, for access through or
use of property within the,proposed subdivision.
(8) The significant adverse impact to Hawthorne and Emerson schools identified
within the project EIR is within the responsibility of another jurisdiction.
(9) The significant adverse impact to city water supply was mitigated in part by a
reduction in project density from previously adopted specific plan for the
project area.
(10) A variance from minimum lot size for one lot at the end of Cumbre Court and
three lots at the end of Sendaro Court is justified because:
(a) Special conditions limiting grading on the lots and requiring Architect-
ural Review Commission approval for building are imposed as conditions
of the variance.
(b) The lots register a steep cross slope because the rear of the lots fall
within a steeper sloped area whereas the front portions of the lots are
flatter and provide a suitable building area.
(c) The variances are not contrary to the spirit and intent of the subdivision
regulations requiring larger lots in steeper slopes to ensure a buildable
area for house construction.
(B) That the.approval of the tentative map for Tract 687 be subject to the
following conditions:
(1) Sidewalks and street trees are hereby waived along all of the frontage of
lot G, an unimproved open space area to be dedicated to the city. In lieu
of sidewalks, a three foot level area behind the curb shall be provided with
provisions for control of drainage per city engineer.
(2) A wall height exception is hereby granted to permit a six foot wall in the
required street yard setback along the South Street frontage'for lots 57, 58,
59, 989,992 166, 167 and 168.
(3) The subdivider shall submit for City Council approval a detailed landscape/
improvement plan for lots A, C, D, E and F. The plan shall be prepared by
a licensed landscape architect and shall include:
(a) A paved all -weather access road to all sewer manholes.
R 3519
e
Resolution No. 3519,;
Page 2
C
(b) A detailed landscape planting schedule
(c) A design for a permanent underground irrigation system.
(d) Pedestrian pathway system, benches, picnic tables, signs and other
park furniture.
(e) Access roads for creek maintenance.
(f) Surface and subsurface drainage structures.
(g) Interim maintenance agreements with the subdivider.
(h) An erosion control plan and landscape planting plan for the South Street
channel. This plan shall be approved prior to the final map approval
of Phase IB.
(4) The subdivider shall prepare for City Council approval a detailed landscape/
irrigation plan for the.medan strip in Woodbridge Street and for the parkway
along South Street (includes meandering sidewalk design) and a wall design for
the South Street frontage.and the rear of lots 56 and 57 adjacent to the park.
This plan shall be approved prior to final map approval of phase IB:
(5) The subdivider shall dedicate 20 feet of right -of -way along the entire
South Street frontage, install curb, gutter and sidewalk, and pave out to
the new curb line.
(6) The subdivider shall install landscape planting and underground irrigation
system in the median island in Woodbridge Street and the South Street
parkway and shall construct the screen wall along South Street frontage
(on lots) and rear of lots 56 and 57.
(7) The subi "eider shall install landscape planting and park improvements (no
irrigation system) in lots A, C,, D, E.And F consistent with City Council
approved plan prior to dedication.
(8) The subdivider shall dedicate additional right -of -way along Meadow Street
frontage for a 56 foot right -of -way. Curb, gutters and sidewalks shall be
installed on tract frontage. The street shall be paved full width with A.C.
berm to control drainage subject to city engineer approval.
(9) The subdivider shall dedicate lots A through G to the city. Lot B shall be
dedicated as a. part of phase IA.
(10) Wood fences to the approval of the community development director shall be
installed along the rear lot lines (on the lots) all single - family lots
adjoining public open space and the side lot lines of lots 89 and 142 (R -2
lots) adjoining public open space.
(11) Street trees shall be provided on all street frontages.___
(12) Fire hydrants shall be provided as required by the city fire marshal.
(13) Access rights-to South Street from adjoining lots shall be dedicated to the
city by way of a one foot reserve strip.
(14) Stop signs and other traffic control devices shall be provided throughout
where determined to be necessary by the city engineer.
(15) All utilities in the tract shall be underground in easements as required by
Utility companies.
(16) Water and sewer charges shall be paid as determined by the city engineer prior
to recordation of final map(s).
(17) Utilities shall conform to P -4 drawing for alignments unless otherwise approved
by the city engineer.
(18) The subdivider's engineer shall submit a hydrology study with calculations
supporting the design of the drainage facilities within this tract to
support a 100 -year storm.
(19) Hydro mulching shall be provided prior to completion of tract improvements
or on demand of city engineer.
Resolution No. 3515j
Page 3
(20) A soils report shall be submitted to the city engineer.
(21) Subdivider shall install an eight -inch water main in Caudill Street from
Lawton to Meadow Street as a part of phase IA.
(22) Number of valves in water mains.shall be subject to approval of the city
utilities engineer.
(23) Subdivider shall install eight -inch water line in Meadow Street from Caudill
to Mitchell Streets.
(24) Subdivider shall extend 12 -inch water main in South Street from Meadow Street
to Woodbridge (phase IB and 2).
(25) Subdivider shall install eight =inch water line in Meadow Street from Funston
to Woodbridge streets as a part of phase IB.
(26) South Street channel shall be lined with stacked concrete rubble for erosion
control and landscaped subject to approval of the City Council as a part of
the required landscape plan.
(27) South Street channel shall be dedicated to the:cty for access and maintenance.
(28) Final grading plan shall be approved by the community development director.
(29) Radio tower and support buildings shall be removed as a part of phase 2.
(30) Lot 96 shall be combined with lot F and dedicated to the city as a part of
phase 2 unless the applicant's request for amendment of the specific plan is
approved, to allow development of lot 96.
(31) Lots fronting Sendaro Court and Cima Court shall be adjusted as per exhibit
A attached.
('�2) Lots 116 through 142 shall not be graded except for driveways and within
building foundations. The following note shall be placed on the subdivision
map: Grading on these lots is not permitted without special approval of
the director of community _ development ofL the _City _ of San Luis Obispo." +^
- ou- .0 Ilai i "Le- COriSTuered -Sans _1v0 -si es -an—
shall be subject to city Architectural Review Commission approval. The Archi-
tectural Review Commission shall review development plans to.insure that struc-
tures are not placed_in_the_steeper_ portions of the lots.
(34) Additional drainage facilities shall be provided as follows:
(a) A drainage structure shall be provided to carry drainage across lot 109.
(b) A curb flow reducer and diverter shall be provided for the drainage
channel at Woodbridge Street next to lot 142.
(c) Lots abutting the south property line of the development shall be
responsible to accept and convey sheet flow drainage from the
adjoining hillside to the adjacent streets. A note to this effect shall
be placed on the final subdivision map.
(35) All graded lots not draining to a natural water course shall be graded to
drain to the street.
(36) Subdivision is granted full credit for park land dedication.
(37) Setbacks shall comply with zoning requirements unless otherwise allowed by
Board of Adjustments.
(38) Final subdivision map shall reflect required revisions per exhibit A.
On motion of Councilman Settle seconded by Councilman Jorgensen and on
the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
Resolution No. 3519
Page 4
the foregoing resolution was passed and adopted this 7th day of march 1978.
ATTEST:
Cit erLC . Fitzpatrick
Approved as to form:
Wendt, Mitchell, Sinsheimer,.
de la Motte & Lillie
City Attorney
by Allen Grimes
Approved as to content:
ity r er
;2f-4
RESOLUTION NO. 3518 (19 78 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING TENTATIVE APPROVAL OF PARCEL MAP
77 -408 (GARING, TAYLOR & ASSOCIATES, SUBDIVIDER'S
REPRESENTATIVE, 1550 and 1590 LIZZ.IE STREET).
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. This council hereby makes the following findings concerning
parcel map 7.7 -408 (Garing, Taylor and Associates, subdvider's,
representative; 1550 and 1590 Lizzie Street).
a. The proposed parcel map and design are consistent with the General
plan.
b. The site is physically suited for the proposed type and density of
development permitted by the R -1 zone.
c. The design is not likely to cause substantial environment damage,
or cause serious public health problems.
d. The design of the proposed subdivision will not conflict with
public easements for access through, or use of, proposed subdivision.
2. Tentative approval of parcel map 77 -408 is based upon the following
conditions:
a. All new lot corners shall be staked by a registered civil engineer
or licensed surveyor.
b. The length of lot line between parcel 1 and parcel 2 shall be 202
feet, not 212 feet as noted on tentative parcel map.
3. This council hereby approves the tentative map for parcel map 77 -408.
On motion of Councilman Settle , seconded by Councilman Jorgensen ,
and on the following roll call vote. -
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing Resolution was passed and adotte- this 7th day of March. , 1978.
E. Schwartz
R 3518
Resolution No. 351`x."
Page 2
FAIRUS
Ci erc 1.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINS�EIMER,
DE LA MOTTE & LILLEY, City
Attorney
l
By Allen Grimes
N
Approved as to content:
RESOLUTION NO. 3517 (1978 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL
FINDING A LEVEL I ORDINANCE 604 -A WATER DEFICIENCY
ASSOCIATED WITH USE PERMIT REQUEST FOR A MOTEL EXPANSION
AT 677 BUENA VISTA STREET AND REQUIRING THE APPLICANT TO
CORRECT THE DEFICIENCY BY INSTALLING A EIGHT INCH WATER
LINE IN ABBOT, HENDERSON AND GARFIELD STREETS FROM GRAND
AVENUE TO MONTEREY STREET.
WHEREAS, the City Council conducted a public hearing to consider a
report from the Planning Commission and staff concerning a level I water
deficiency at the subject property; and
WHEREAS, the City Council determined that required fire flow for the
proposed development could not be provided by existing city water lines; and
WHEREAS, the City Council determined that the proposed new development
with fire flow requirements beyond the capability of the existing water system
would overburden a city resource.
NOW., THEREFORE, the City of San Luis Obispo City Council resolves as
follows:
(1) That the developer is hereby required to install an eight inch
water line in Abbot, Henderson and. Garfield streets from Grand Avenue to Monterey
Street prior to construction of the proposed motel addition.
(2) That the City Council will consider the request by the developer
for funding of a portion of the water line under the quarterly funding program
at the next available quarter.
On motion of Councilman Settle , seconded by Councilman Jorgensen , and on
the following roll call vote:
AYES: Councilmen Settle, Jorgensen and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: Councilman Petterson
R 3517
n
Resolution No. 3517
the foregoing Resolution was passed and adopted.this Ott, day of Marc},
1978.
ATTEST:
C1 e c itzpatric -1c
Approved as to form:
WENDT, MITCHELL; SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By.Allen Grimes
Approved as to content:
City Administrative ONicer
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RESOLUTION NO. 3516 (1968 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN
THE CITY AND STANLEY H. NELSON, WILLIAM A. NELSON,
AND FLORA NELSON FOR SANTA ROSA STREET WIDENING
RIGHT - OF -TWAY .
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
1. That certain agreement, a copy of which is on file in the
Office of the City Clerk, between the City and Stanley H. Nelson,
William A. Nelson and Flora Nelson for right -of -way acquisition for
Santa Rosa Street widening is hereby approved and the Mayor is
authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to: Stanley
H. Nelson, William A. Nelson & Flora Nelson for right -of -way ac-
quisition for Santa Rosa Street widening.
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 adopted this 21st day
of February , 1978. t
ATTEST:
Mayor Kenneth E. Schwartz
Gity Cpk€fk U r'H. Fitzpatrick ``Approved as to content: m.
Approved as to form:
WENDT, MITCHEL SINSHEIMER, -
de la MOTTE & LEY
City Attorney City finis rat e OfF3cer
by Alien Crimes
ity Engineer
�/ R 3516
r.
V
RESOLUTION NO. 3515 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND EMILY M. KLUCHIN FOR SANTA ROSA STREET
WIDENING RIGHT -OF -WAY.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
1. That certain agreement, a copy of which is on file in
the office of the City Clerk, between the City and Emily M.
Kluchin for right -of -way acquisition for Santa Rosa Street widening.
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution
together with a copy of the agreement approved by it to:
Emily M. Kluchin and the City Engineer.
On Motion of Councilman Settle seconded by Councilman
Dunin and on the following roll call voter
AYES:
NOES:
ABSENT:
Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
None
None
0
the foregoing Resolution was passed and adopted this 21st day
of February , 1978.
ATTEST:
Ci5a erg IT—: Fitzpatrick
Approved as to form:
WENDT, MITCHELL4EY
SINSHEIMER,
de la MOTTE &
City Attorney
v: 4Iken Grimes
Approved as to content:
City Administrat i Officer
qty gin er R 3515
c/o G. Shipsey, 1119
/ San Luis Obispo,
f January 10
EMILY M. KLUCHIN
(Grantor)
California
19 78
Dist. County P. 1. R W E.A.
- cl' o SL
SLO n t
05 a Rosa - 130509
FAU M- Y394(1)
RIGHT OF WAY CONTRACT - CITY STREET
Document No. 180 -6, -1 in the form of a GRANT DEED
covering the property particularly described therein has been executed and
delivered to R. H. TARVIN , Right of Way Agent for the State
of California, acting on behalf of the City of San Luis Obispo.
In consideration of which, and the other considerations hereinafter set
forth, it is mutually agreed as follows:
1. The parties have herein set forth the whole of their agreement. The
performance of this agreement constitutes the entire consideration for.said
document and shall relieve the City of San Luis Obispo of all further obli-
gation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
2. The City of San Luis Obispo shall:
(A) Pay the undersigned grantor(s) the sum of $ 12,_400.00 for
the property or interest conveyed by above documents) when
title to said property vests in the City of-San Luis Obispo
free and clear of all liens, encumbrances, assessments, ease-
ments and leases (recorded and /or unrecorded), and taxes,
except:
a. Taxes for the fiscal year in which this escrow closes
which shall be cleared and paid in the manner required by
Section 4986 of the Revenue and Taxation Code, if unpaid
at the close of escrow.
b. Covenants, conditions, restrictions and reservations of
record, or contained in the above referenced document.
c. Easements or rights of way over said land for public or
quasi- public utility or public street purposes, if any.
APPROVED BY DISTRICT b
Dated ` !�
H. L. BentrAII '5etl
Dc.;ut,r. Dist: ict Director
Right of Way
e
(B) Pay all escrow and recording fees incurred in this trans-
action, and if title insurance is desired by the City of
San Luis Obispo, the premium charged therefor.
(C) Have the authority to deduct and pay from the amount shown
in Clause 2(A) above, any amount necessary to satisfy any
delinquent taxes due in any fiscal year except the fiscal
year in which this escrow closes, together with penalties
and interest thereon, and /or delinquent or nondelinquent
assessments or bonds except those which title is to be
taken subject to in accordance with the terms of this
contract.
3. Any or all moneys payable under this contract, up to and inclu-
ding the total amount of unpaid principal and interest on note(s)
secured by mortgage(s) or deed(s) of trust, if any, and all other
amounts due and payable in accordance with the terms and conditions
of said trust deed(s) or mortgage(s) shall, upon demand(s) be made
payable to the mortgagee(s) or beneficiary(s) entitled thereunder;
said mortgagee(s) or beneficiary(s) to furnish grantor(s) with .good
and sufficient receipt showing said moneys credited against the
indebtedness secured.by said mortgage(s) or deed(s) of trust.
4. The grantor(s) shall retain possession of the property conveyed
up to and including the date of recording of the deed conveying
title to the City of San Luis Obispo upon compliance by the grantor(s)
with the conditions of this contract. All rents collected by
grantor(s) applicable to any period thereafter shall be paid to the
City of San Luis Obispo. Either party hereto collecting rents to
which the other party is entitled shall forthwith pay such amount to
the other as is necessary to comply with the provisions of this clause.
5. Grantor(s) warrant(s) that there are no oral or written leases on
all or any portion of the property exceeding a period of one month,
and the grantor(s) further agree(s) to hold the City of San Luis Obispo
harmless and reimburse the City of San Luis Obispo for any and all of
its losses and expenses occasioned by reason of any lease of said
property held by any tenant of grantor(s) for a period exceeding one
month.
6. The undersigned grantor(s) hereby agree(s) and consent(s) to the
dismissal of any eminent domain action in the Superior Court wherein
the herein described land is included and also waives any and all
claims to any money that may now be on deposit in said action.
- 2 -
7. It is understood and agreed by and between the parties hereto
that included in the amount payable under Clause 2(A) herein is
payment in full to compensate grantor for the expense in performing
the following work:
(A) Provide the necessary materials and labor to replace
or restore grantor's existing porch and stairway in
a manner equal to or better than that shown on
Exhibit A attached hereto and made a part hereof.
(B) Re- landscape front yard area, as required.
(C) Install sound - reducing drapes or similar devices in
front living room and bedroom areas.
It is also agreed by and between the parties hereto that the
above described work of restoring grantor's front porch shall be
done in a manner consistent with the new city back -of- sidewalk
elevation (Santa Rosa Street), which will be provided by the City
upon request.
8. Grantor agrees to perform the work mentioned in Clause 7(A)
within 80 working days of execution of this agreement by or on
behalf of grantee. For purposes of this Paragraph 8, "working
days" are to include every day except Saturdays, Sundays, City
of San Luis Obispo legal holidays, and days when construction
work cannot be performed because of rain. The sum of $2,500.00
of the total payment provided for under Clause 2(A) herein shall
be withheld by the City of San Luis Obispo until such work has
been completed. If said reconstruction work is not completed at
grantor's expense within said 80 working days, for any reason
whatsoever, the City or its authorized agent is hereby granted
the right to enter upon grantor's property for the purpose of
severipg and removing any building improvements situated within
the right of way area, and grantor.hereby agrees that the City
may retain actual expenses incurred by the City, to the limit
of $2,500.00, for removing said improvements.
9. At no expense to grantor and at the time of performing the work
of improving Santa Rosa Street between Monterey and Walnut Streets,
the City of San Luis Obispo or its authorized agent shall construct
a retaining wall on grantor's remaining property adjacent to the new
right of way line. Said retaining wall will range in height from
approximately 218" to 314" and will be constructed in the area
shown shaded in red on Exhibit B attached hereto and made a part
hereof. Said wall shall connect or conform to grantor's new porch
structure as required. Grantee further agrees that it will not
place a retaining wall on City property adjacent to grantor's
porch structure..
Permission is hereby granted the City of San Luis Obispo or
its authorized agent to enter upon grantor's land, where necessary,
for purposes of constructing the above mentioned retaining wall.
- 3 -
Grantor understands and agrees that upon completion of the
work described in this clause, said retaining wall located upon
grantor's land shall be considered as the sole property of the
grantor, the maintenance and repair of said property to be that
of the grantor.
All work to be done under this agreement by the City of
San Luis Obispo or its contractor shall conform to all applicable
building, fire and sanitary laws, ordinances, and regulations
relating to such work, and shall be done in a good and workmanlike
manner.
10.• It is understood and agreed that all utility services affected
by City's proposed construction, which are not compensated for
under the amount provided in Clause 2(A) above, and specifically
designated as having been provided for by the terms of this con-
tract, shall be reconnected by the City or its contractor at no
expense to the grantor. The City agrees to replace grantor's
drainage pipe under the Santa Rosa Street sidewalk with a drainage
line 4 inches in diameter, and the City or its agent is hereby
granted the right to enter upon the remaining property of the
grantor for the purpose of performing said work.
11. It is agreed and confirmed by the parties hereto that not-
withstanding other provisions in this contract, the right of
possession and use of the subject property by the City of San Luis
Obispo, including the right to remove and dispose of improvements,
commenced March 22, 1977, and that the amount shown in Clause 2(A)
herein includes, but is not limited to, full payment for such
possession and use, including damages, if any, and interest from
said date.
12. This transaction will be handled through an escrow with
SAFECO Title Insurance Company, P. 0. Box 1145, San Luis Obispo,
CA; their No. 93775.
- 4 -
IN WITNESS WHEREOF, the parties have executed this agreement the
day and year first above written.
Recom�,ndXdj fqO Approval
en
Emily ;4 K'l uc�in
CITY OF SAN LUIS OBISPO
n! ,tpi.- �AR11ht of Way Agent
Acquisition Branch By
Kenneth E. Schwartz
Mayor
A �
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64
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OL
V v_
TO 603 C 1 8.671
R/W 05 —SLO —Santa Rosa St.
Parcel 180 -6
Grant Deed I AFFIX I.R.S. 3 .....................
THIS FORM FURNISHED BY TITLE. INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
EMILY Me KLUCHIN, a married ''woman,
ABOVE
hereby GRANT(S) to the City of San Luis Obispo, a municipal corporation,
the following described real property in the City of San Luis Obispo
County of San Luis Obi soo , State of California: as her sole and separate property:
AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A ATTACHED HERETO AND
COMPRISED OF ONE PAGE.
Dated January 10, 1978
Emily M Kluchin
STATE OF CALIFORNIA }SS.
COUNTY OF SAN LUIS OBISPO
On Jan. 10, 1978 before me. the under-
signed. a Notary Public in and for said State, personally appeared
EMILY Me KLUCHIN
known to me
to be the person whose name I-S subscribed to the within
instrument and acknowledged that She executed the same.
WITNESS my hand and official seal.
Signature JC�,1 S 4S I W eL�( IO
GERALD W. SHIPSEY
Name (Typed or Printed) 1
GERALD W. SBIPSE°
NOTARY PUBLIC
SAN LUIS ozlsaa Q_I:::`
CALIFO NIA
My Commission Expires March 27, 199 1�
LTitle Order No. Escrow or Loan No.
(This area tur utnetal notarial gran
MAIL. TAX STATEMENTS AS DIRECTED ABOVE
E
:t
RECORDING REQUESTED
BY
AND WHEN RECORDED MAIL TO
STATE OF CALIFORNIA
Name
DEPARTMENT OF TRANSPORTATION
P. O. BOX L
street
SAN LUIS OBISPO. CA 93406
Address
City 8
State
J
SPACE ABOVE. THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENT$ TO
F
Norte
Street
Address
City 6
State
I
TO 603 C 1 8.671
R/W 05 —SLO —Santa Rosa St.
Parcel 180 -6
Grant Deed I AFFIX I.R.S. 3 .....................
THIS FORM FURNISHED BY TITLE. INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
EMILY Me KLUCHIN, a married ''woman,
ABOVE
hereby GRANT(S) to the City of San Luis Obispo, a municipal corporation,
the following described real property in the City of San Luis Obispo
County of San Luis Obi soo , State of California: as her sole and separate property:
AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A ATTACHED HERETO AND
COMPRISED OF ONE PAGE.
Dated January 10, 1978
Emily M Kluchin
STATE OF CALIFORNIA }SS.
COUNTY OF SAN LUIS OBISPO
On Jan. 10, 1978 before me. the under-
signed. a Notary Public in and for said State, personally appeared
EMILY Me KLUCHIN
known to me
to be the person whose name I-S subscribed to the within
instrument and acknowledged that She executed the same.
WITNESS my hand and official seal.
Signature JC�,1 S 4S I W eL�( IO
GERALD W. SHIPSEY
Name (Typed or Printed) 1
GERALD W. SBIPSE°
NOTARY PUBLIC
SAN LUIS ozlsaa Q_I:::`
CALIFO NIA
My Commission Expires March 27, 199 1�
LTitle Order No. Escrow or Loan No.
(This area tur utnetal notarial gran
MAIL. TAX STATEMENTS AS DIRECTED ABOVE
y
"EXHIBIT A"
That nortion of Lot 1 in Block 31 of the Citv of San Luis Obispo, County of San
Luis Obispo, State of California, according to map filed for record in the office
of the County Recorder of said County, described As follows:
PARCEL 180 -6
BEGINNING at the southeast corner of Palm and Santa Rosa Streets and running thence
northeasterly alonn the southerly line of Palm Street a distance of 10.00 feet;
thence southeasterly and parallel with the easterly line of Santa Rosa Street a
distance of 40.00 feet; thence southwesterly and parallel with the south line
of Palm Street a distance of 10.00 feet to the easterly line of Santa Rosa
Street; thence northwesterl'1 along said easterly line of Santa Rosa Street a
distance of 40.00 feet to the POINT OF BEGINNING.
PARCEL 180-6 -1
Temporary - easement for construction purposes over and across the following
described parcel of land.
BEGINNING at the Northeasterly corner of parcel 180 -6 as described above,
thence Northeasterly alonq the Southerly line of Palm Street a distance of 5.00
feet, thence Southeasterly and parallel with the Easterly line of Santa Rosa
Street a distance of 40.00 feet, thence Southwesterly and parallel with Palm
Street a distance of 5.00 feet, thence Northwesterly parallel to Santa Rosa
Street to the POINT OF BEGINNING.
Said temporary construction easement shall cease and terminate upon completion
of construction, but in any event, shall cease and terminate.not later than
January 1, 19790
The grantor further understands that the present intention of the
grantee is to construct and maintain a public highway on the lands
hereby conveyed in fee and the grantor, for himself, his successors
and assigns, hereby waives any claims for any and all damages to
grantor's remaining property contiguous to the property hereby con-
veyed by reason of the location, construction, .landscaping or main-
tenance of said highway._
As used above, the term "grantor" shall include the plural as well as
the singular number and the word "himself" and "his" shall include
the feminine gender as the case may be.
The date of possession by grantee of the herein described property
was March 22, 1977.
RESOLUTION NO. 3514 (1978 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION
NO 77 -27, LOCATED AT 2650 AUGUSTA STREET
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the Council, after consideration of the tentative map of Minor
Subdivision No. 77 -27 and the Planning Commission's recommendations,
staff recommendations and reports, thereon, makes the following
findings:
1. The proposed parcel map and design are consistent with the General
Plan.
2. The site is physically suited for the proposed type and density of"
development which is permitted by the R -1 zone.
3. The design is not likely to cause substantial environmental damage,
or cause serious public health problems.
4. The design of the proposed subdivision will not conflict with public
easements for access through, or use of, property within the proposed
subdivision.
(B) That the approval of the tentative map for Minor Subdivision No. 77 -27
be subject to the following conditions:
1. All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
2. All lots shall be classified as sensitive sites and development on each
lot shall be subject to Architectural Review Commission approval. Final
map shall contain a note stating such.
3. All utilities shall be installed underground.
4. Subdivider shall extend a six -inch diameter sewer main from the inter-
section of Greta Place and Augusta Street to common driveway and up
driveway to serve each lot. A cleanout shall be installed at the end
of main. Installation shall be to the satisfaction of the city engineer.
5. Subdivider shall install individually metered water service to each lot.
Meters shall be clustered in sidewalk . at property frontage. Pressure .
regulators shall be required. Installation shall be to the satisfaction
of the city engineer.
6. Subdivider shall install fire hydrant at property frontage adjacent to
the common driveway to the approval of the Fire Department.
7. Subdivider shall pay water acreage and frontage fees as determined by
the city engineer.
8.. Subdivider shall replace existing driveway ramps with standard curb,
gutter and sidewalk and install new driveway ramp at new driveway to the
approval of the Public Services Department.
9. All lots shall be served by a common access driveway, 16 feet in width
minimum. A 24 foot driveway and utility easement shall be granted.
Common driveway agreement shall be approved by the Board of Adjustments.
Driveway paving shall meet city standards and be to the approval of the
city engineer.
R 3514
City Council Resolut.,n No. 3514 �
M.S. No. 77 -27
Page 2
10. Subdivider shall pay park in -lieu fees in the amount of $150 per lot.
11. Subdivider shall install a trash rack at existing drainage culvert
under Augusta Street to the approval of the city engineer.
12. Subdivider shall submit calculations by a.civil engineer showing creek
improvements to accommodate a 100 -year design storm. Creek improve-
ments shall include adequate erosion control measures and be to the
approval of the city engineer. Subdivider shall grant a 10 -foot
easement over creek channel for drainage and maintenance purposes.
13. Subdivider shall install a directory board at street frontage adjacent
to common driveway showing street addresses for interior lots to the
approval of the community development director.
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
ATTEST:
Ci r< J.H. Fitzpatrick
Approved as to fo
Wendt, Mitchell, i sheimer,
de la Motte & Lil y, City
Attorney
By Allen Grimes
Approved as to content:
.�.
City E eer
�_r J
RESOLUTION NO. 3513 (1978 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GRANTING FINAL APPROVAL OF
PARCEL MAP N0. SLO 76 -366, (ALF STARKIE,
APPLICANT: 590 FELTON WAY)
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
a
Section 1. This Council previously made certain findings
concerning Parcel Map No. SLO 76 -366 as contained in Resolution No.
3150 (1976 Series).
Section 2. All conditions of Resolution No. 3150 (1976
Series) have been met or have been bonded for with the City to
guarantee the construction of curb, gutter and sidewalk and street
trees on Highland Drive frontage.
Section 3. This Council now grants final approval of Parcel
Map No. SLO 76 -366, Alf Starkie, Applicant; 590 Felton Way.
On motion of Councilman Settle , seconded by Councilman
Dunin , and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz
NOES: None
ABSENT: Councilman Petterson
the foregoing Resolution was passed and adopted this 21st
February , 1978.
ATTEST:
day of
iJ c itzpatricc R 3513
. -:.
Resolution No. 3513
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
by Allen Grimes
C
-2- (1978 Series)
Approved as to content:
City Admin istrati 0 icer
RESOLUTION NO. 3512 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING EXTENSION OF TWO AGREEMENTS WITH
BOBBY KOBER AS GOLF PROFESSIONAL AND CONCESSIONAIRE
AT LAGUNA LAKE GOLF COURSE TO FEBRUARY 28, 1979.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. This Council hereby approves extension.of the Golf
Professional Agreement with Bobby Kober to February 2$, 1979. The
Mayor is authorized to execute said; extension on behalf of the City.
SECTION.2. This Council hereby approves extension of the Golf
Course Concessionaire Agreement with Bobby Kober to February 28, 1979,
The Mayor is authorized to execute said extension on behalf of the City-'
SECTION 3. The City Clerk shall furnish a copy of this resolution
and a copy of the executed amendments to agreements approved by it to:
Director of Parks & Recreation, Bobby Kober and the Director of Public
Services.
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 adopted this .21st day of February
1918.
ATTEST:
C' erk J.H. Fitzpatrick
ktm 2/7/78
R 3512
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLE
City Attorney
By Allen Grimes
0
Approved as to content:
City Administrativ Officer
AMENDMENT EXTENDING AGREEMENT
GOLF COURSE CONCESSION
The under signed parties to the Golf Course Concession Contract dated
March 16, 1977, between the City and Bobby Kober; a copy of which is on
file in the office of the City Clerk, hereby agree to extend said agreement
to February 28, 1979.
All other terms and conditions of said agreement shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be executed.
CONCESSIONAIRE
L - dL-7,4��,
4
Bobby Kober
Date: 2/23/78
CITY OF SAN LUIS OBISPO
ATTEST:
sl KENNETH E. SCHWARTZ
Mayor Kenneth E. Schwartz
S7 J. H. FITZPATRICK
City Clerk J.H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLE
City Attorney
City Administrative O'er
t
By Allen Grimes
Dir ctoV:of Parks $ Recreation
ktm 2/7/78
Resolution No. 3511 (1978 Series)
Resources. This "live stream" formula has been
attached to the City's permit as a means of assuring
down- stream water users that their rights are being
protected. However, by its nature, this requirement
is forcing the city into the uncomfortable position
of having to monitor the entire Salinas River Basin
down to the Nacimiento River confluence in order to
prevent any erosion to its water rights resulting from
unauthorized storage or diversion of Salinas River
flows, or of flows in creeks tributary to the Salinas
River.
The City of San Luis Obispo would readily support
any program for the construction of small water
conservation dams in the Salinas River watershed
if the existing "live stream" concept could be
modified with a more workable formula that would
continue to completely protect the rights of the
downstream water users, while at the same time
preserving the full rights of the city to divert
and store water as granted by its permit without the
present burdensome administrative criteria.
The City Clerk shall furnish copies of this resolution
to the State of California Water Resources Control Board, the
County of San Luis Obispo, and the Telegram- Tribune newspaper.
-2-
RESOLUTION NO. 3511
(1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING A POLICY STATEMENT FOR THE MULTIPLE
SMALL DAMS IN THE SALINAS RIVER WATERSHED.
WHEREAS, construction of multiple small dams in the
Salinas River watershed has been proposed;
NOW, THEREFORE, the Council of the City of San Luis
Obispo expresses the following policy with respect to the
construction of said dams:
POLICY STATEMENT
San Luis Obispo city officials will be watching with
interest the development of a program recently outlined
by North County water officials for the construction
of a series of small water conservation dams on
streams which are tributary to the Salinas River.
According to a recently published news article, the
possible formation of a water district to implement
the construction and to coodinate and manage these
dams is now being investigated.
In the past, the city's official position has been
to consistently protest the construction of any such
dams in the Salinas Valley which would have the effect
of demanding more discharge from the Santa Margarita
Reservoir to maintain the continuous live stream from
Salinas Dam to the confluence of the Nacimiento River
which is presently required by the Department of Water
-1- R 3511
Resolution No. 3511 (1978 Series)
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 adopted this 21st
day of February , 1978.
ATTEST:
5 C ert J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LIL Y
City Attorney
By Allen Grimes
Approved as to content:
City Administrati N fficer
Director of Public Services
0,11-f /� 06t---
Utilities Engineer /Superintendent
-3-
V
RESOLUTION NO. 3510 (1978 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN
APPEAL OF THE PLANNING COMMISSION DECISION NOT TO REQUIRE
AN EIR FOR THE PROPOSED ANNEXATION AND PREZONING OF LAND
AT 50 FOOTHILL BOULEVARD.
WHEREAS, the applicant submitted plans and a written report to the Community
Development Department for the annexation and prezoning of 22 acres
of land at 50 Foothill Boulevard, near the western city limit; and
WHEREAS, the Environmental Review Committee evaluated the project, determined
that it would not have a significant effect on the environment, and
granted it a negative declaration; and
WHEREAS, the ERC's determination was appealed to the Planning Commission and
after hearing was denied on the basis that the project would not have a
significant effect on the environment; and
WHEREAS, the Planning Commission's action was appealed to the City Council
by Harry J. Busselen, Jr., Donald I. Smith, Diane Jefferson, the
Environmental Center of San Luis Obispo County, and the Public Interest
Action Center of San Luis Obispo County; and
WHEREAS, the City Council held a public hearing on February 7, 1978 to con-
sider the appeal and determined that:
1. The proposed.project would not have a significant effect on the
environment;
2. An EIR for this project is not needed since most pertinent infor-
mation has already been incorporated into the project's initial
study and project report;
3. The ERC and Planning Commission had sufficiently reviewed and
provided detailed evaluation of this project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that an EIR shall not be required for the Foothill Annexation and Pre -
zoning proposal and that the- appeal.of_the Planning Commission's.action
be denied.
On motion of Councilman Settle seconded by Councilman.
Dunin , and on the following roll call vote:
AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz
NOES: Councilman Jorgensen
ABSENT: None
the foregoing Resolution was passed and adopted this 21st day of February ,
1978.
R 3510
' Resolution No. 351
Cit erk J.H. Fitzpatrick
(1978 Series)
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LIL EY
City Attorney
City Administrative Of er
By Allen Grimes -t-1
Community Ddvelopmeq Director
AG:mp 2 -14 -78 - 2 -
RESOLUTION NO. 3509 (1978 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL
FINDING A LEVEL I ORDINANCE 604 -A WATER DEFICIENCY
ASSOCIATED WITH USE PERMIT REQUEST U 0646 FOR A COMMER-
CIAL BUILDING AT 999 MONTEREY STREET AND REQUIRING•THE
APPLICANT TO CORRECT THE DEFICIENCY BY INSTALLING A
10 -INCH WATER LINE IN OSOS STREET FROM MARSH TO MONTEREY
STREETS.
WHEREAS, the City Council conducted a public hearing to consider
a report from the Planning Commission and staff concerning a level I water
deficiency at the subject property; and
WHEREAS, the City Council determined that.required fire flow for
the proposed development could not be provided by existing city water lines;
and
WHEREAS, the City Council determined that because the property is
vacant, new development with fire flow requirements beyond the capability of
the existing water system would overburden a city resource; and
WHEREAS, the City Council determined that the proposed development
was not exempt under the exemption provision of Ordinance 604 -A because it was
a new building.
NOW, THEREFORE, the City of San Luis Obispo City Council resolves as
follows:
(1) That the developer is hereby required to install a 10 -inch
water line in Osos Street from Marsh to Monterey streets prior to construction
of the proposed commercial building.
(2) That the City Council will consider the request by the developer
for funding of a portion of the water line under the quarterly funding program
at the next available quarter.
On motion of Councilman - Settle , seconded by Councjjman Dunin
and on the following roll call vote:.
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
R 3509
�`�Resolutlon No. 3509
Ordinance 604 -A Water Deficiency
999 Monterey Street
Page 2
the foregoing Resolution was. passed and adopted
ATTEST:
City C J.H. Fitzpatridk
Approved as to foI
Wendt, Mitchell, nsheimer, de la Motte
& Lilley, City Atrney
0
By Allen Grimes
s 21st day of Feb. , 1978.
r Kenneth E.
Approved as to content:
tz
Resolution No. 3508 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
ELECTION'OF AN INDIVIDUAL REIMBURSEMENT ACCOUNT TO FINANCE THE CITY'S LIABILITY
FOR UNEMPLOYMENT INSURANCE.
WHEREAS, State and Federal legislation have mandated the extension of Unemployment
Insurance to local governments; and
WHEREAS, such legislation provides for optional methods of financing Unemployment
Insurance;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that
the City elects to finance Unemployment Insurance through an Individual Reimburse-
ment Account, otherwise known as prorated cost of benefits paid method. Section
803 (b) (1) California Unemployment Insurance Code.
The Director of Finance is hereby authorized to file on behalf of the City the
necessary forms registering this election with the State of California, Department
of Benefits Payable.
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 adopted this 216t day of February ,
1978.
ATTEST:
C rc J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLE
City Attorney
By Allen Grimes
Approved as to content:.
R 3508
4Z
C D
RESOLUTION NO. 3507 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAP] LUIS
OBISPO REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A SPECIAL
MUNICIPAL ELECTION WITH THE STATE -WIDE PRIMARY
ELECTION TO BE HELD ON JUNE 6, 1978, FOR THE PURPOSE
OF VOTING ON THE ADOPTION OF AN AMENDMENT TO THE
CITY CHARTER BY ADDING SECTION 727.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Board of Supervisors of the County of San Luis Obispo
is hereby requested to order the consolidation of a Special Municipal Election
with the state -wide primary election to be held on June 6, 1978, and said
Board of Supervisors is authorized hereby to canvass the returns of the
election hereby called and the election shall be held in all respects as if
there were only one election and one form of ballot, namely the ballot used
at such primary election shall be used. The precincts, polling places and
officers of election for the Special Municipal Election hereby called shall
be the same as those provided for said state -wide primary election.
Said Board of Supervisors shall certify the results of the canvass
of the returns of such Special Municipal Election to the Council of the
City of San Luis Obispo, which shall thereupon declare the results thereof.
SECTION 2. The Board of Supervisors is hereby requested to issue
instructions to the County Clerk and Registrar of Voters to take any and
all steps necessary for the holding of said Special Municipal Election.
The City will pay its pro rata share of extra costs incurred by the County
in consolidating the elections.
SECTION 3. The propositions to be voted on at said Special Municipal
Election shall be as set forth on Exhibit "A" attached hereto and incorporated
herein by reference.
R 3507
Resolution No. 3507
(1978 Series)
SECTION 4. The City Clerk is hereby directed to file certified copies
of this resolution with the Board of Supervisors, the County Clerk and the
Registrar of Voters of the County of San Luis Obispo.
SECTION 5. The City Clerk shall certify to the passage and adoption
of this resolution.
On motion of Councilman Jorgensen, 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 21st day of February ,
1978.
ATTEST:
��
C' Clerk J.H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEII ER,
de la MOTTE & LIL EY
City Attorney
By Allen Grimes
City Administrative Of er
CJ0 Cle
- 2 -
EXHIBIT "A"
SECTION 727. VOTER APPROV
"Except for territory
to a permanent public use,
shall become effective unt
a general or special elect
the Council to annex such
AL OF ANNEXATIONS.
which is dedicated solely and entirely
no annexation of territory to the City
it approved by a vote of the people at
ion held after the final decision by
territory."
1
SHALL SECTION 727 REQUIRING VOTER APPROVAL OF YES
ANNEXATIONS TO THE CITY BE ADDED TO THE CITY
CHARTER? NO
i
1
e
RESOLUTION NO. 3506 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON TUESDAY, JUNE 6, 1978, AND TO
BE CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION
TO BE HELD ON SAID DATE, FOR THE PURPOSE OF VOTING
ON CITY CHARTER AMENDMENT BY ADDING SECTION 727, PER
INITIATIVE PETITION, CERTIFIED ON FEBRUARY 8, 1978.
WHEREAS, an initiative petition was filed on the City of San Luis
Obispo on January 30,1978, requesting that the City Council submit the
following amendments to the City Charter for consideration of the voters
at the next available election:
and
Section 727 - Voter Approval of Annexations'.'
"Except for territory which is dedicated solely and entirely
to a permanent public use, no annexation of territory to the
City shall become effective until approved by a vote of the
people at a general or special election held after the final
decision by the Council to annex such territory."
WHEREAS, the City Clerk on February 8, 1978, filed his Certificate
of Sufficiency of signatures of registered voters under the provisions of
Section No. 34462 of the Government Code.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. There is hereby called and ordered to be held in the City
of San Luis Obispo, County of San Luis Obispo, State of California, on Tuesday,
June 6, 1978, a Special Municipal Election of the qualified electors of said
City for the purpose of voting upon City Charter amendment, copies of which
are available for public inspection in the Office of the City Clerk.
R 3506
Resolution No. 3506 (1978 Series)
SECTION 2. The propositions to be voted on at said Special Municipal
Election shall be as set forth on Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION 3. The City Clerk shall certify to the passage and adoption
of this resolution and shall cause this resolution to be published once in
the San Luis Obispo County Telegram - Tribune, a newspaper of general circulation
printed, published and circulated in the City of San Luis Obispo, within
fifteen (15) days of the date hereof and not more than sixty (60) days prior
to the 6th day of June, 1978.
On motion of Councilman Jorgensen , 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 21st day of February ,
1978.
ATTEST:
W4 A a J
y C erk J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LIL EY
City Attorney
1
By Allen Grimes
Approved as to content:
AMIS
City A Jmnistrative Offic
Ci -Tler
- 2 -
� C i
i3
EXHIBIT "A"
SECTION 727. VOTER APPROVAL OF ANNEXATIONS.
"Except for territory which is dedicated solely and.entirely
to ,a permanent public use, no annexation of territory to the City
shall become effective,until approved by a vote of the people at
a general or special election held after the final decision by
the Council to annex such territory."
RESOLUTION NO. 3505 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A SPECIAL
MUNICIPAL ELECTION WITH THE STATE -WIDE PRIMARY
ELECTION TO BE HELD ON JUNE 6, 1978, FOR THE PURPOSE
OF VOTING ON THE ADOPTION OF A NEW CITY CHARTER.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The .Board of Supervisors of the County of San Luis Obispo
is hereby requested to order the consolidation of a Special Municipal Election
with the state -wide primary election to be held on June 6, 1978, and said
Board of Supervisors is authorized hereby to canvass the returns of the
election hereby called and the election shall be-held in all respects as if
there were only one election and one form of ballot, namely the ballot used
at such primary election shall be used: The precincts, polling places and
officers of election for the Special Municipal Election hereby called shall
be the same as those provided for said state =wide primary election.
Said Board of Supervisors shall certify the results of the canvass
of the returns of such Special Municipal Election to the Council of the
City of San Luis Obispo, which shall thereupon declare the results thereof.
SECTION 2. The Board of Supervisors is hereby requested to issue
instructions to the County Clerk and Registrar of Voters to take any and.
all steps necessary for the holding of said Special. Municipal Election.
The City will pay its pro rata share of extra costs incurred by the County
in consolidating the elections.
SECTION 3. The propositions.to be voted on at said Special Municipal
Election shall be as set forth on Exhibit "A" attached hereto and incorporated
herein by reference.
R 3505
AG:ktm 2/6/78
Resolution No. 3505 (1978 Series)
SECTION 4. The City Clerk is hereby directed to file certified
copies of this resolution with the Board of Supervisors, the County Clerk
and the Registrar of Voters of the County of San Luis Obispo.
SECTION 5. The City Clerk shall certify to the passage and adoption
of this resolution.
On motion of Mayor_.Schwartz' seconded by Councilman Jorgensen,
and on the following roll call vote:
AYES: Councilmen Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: Councilman Dunin
ABSENT: None
the foregoing Resolution was passed and adopted this _21st day of February.
1978.
ATTEST:
lerc J.H.'Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINS .IMER,
de la MOTTE $ LILLEY
_ -.-
City Attorney
en
AG:ktm 2/6%78
Approved as to content:
City Administrate ev O1 cer
/�/
i-ty Clerk
= 2 =
TABLE OF CONTENTS
Title Description
Pa 2e No.
ARTICLE
I.
INCORPORATION AND APPLICATION . . . . . .
. . . . . . 1
ARTICLE
II.
FORM.AND POWERS OF MUNICIPALITY . . . . .
. . . . . . 2
ARTICLE
III.
MUNICIPAL ELECTIONS . . . . . . . . . . .
. . . .. . . 3
ARTICLE
IV.
ELECTIVE OFFICIALS. . . . . . . . . . . .
. . . . . . . 3
ARTICLE
V.
COUNCIL POWERS AND PROCEDURES . . . . . .
. . . . . .5
ARTICLE
VI.
LEGISLATIVE ACTIONS . . . . . . . . . . .
. . . . . . 6
ARTICLE
VII.
APPOINTIVE OFFICIALS . . . . . . . . . .
. . . . . . 8
ARTICLE
VIII.
FISCAL ADMINISTRATION . . . . . . ..
. . . . 10
ARTICLE
IX.
PUBLIC WORKS AND CONTRACTS . . . . . . .
. . . . . . 13
ARTICLE
X.
LICENSES AND FRANCHISES . . . . . . . . .
. . . . . . 15
ARTICLE
XI.
PERSONNEL ADMINISTRATION . . . . . . . .
. . . . . . 18
ARTICLE
XII.
BOARDS AND COMMISSIONS . . . . . . . . .
. . . . . . 18
SAN LUIS OBISPO CHARTER
ARTICLE I
;0
INCORPORATION AND APPLICATION
PAGE 1
SECTION 101. NAME OF THE CITY.
The Municipal Corporation now existing and known as "The City of San Luis
Obi,s,po" shall remain and continue a body politic and corporate, as at present,
i.n fact and in law, and by such name shall have perpetual succession.
SECTION 102. BOUNDARIES.
The boundaries of the City of San Luis Obispo shall continue as now es-
tablished until changed in a manner authorized by law.
SECTION 103. EFFECTIVE DATE OF CHARTER.
This Charter shall not take effect until accepted and filed by the Secretary
of State pursuant to the provisions of Section 34464 of the Government Code.
SECTION 104. GENERAL LAW APPLICABLE.
All general laws of the State applicable to municipal corporations, now or
hereafter enacted and which.are not in conflict with the provisions of this Charter
or with ordinances or resolutions adopted in pursuance of this Charter, shall be
applicable to the City.
SECTION 105. AMENDMENTS.
This Charter may be amended i'n accordance with the provisions of the
Constitution and laws of the State of California.
SECTION 106. DEFINITIONS.
When used in this, Charter the masculine gender includes,the feminine and
neuter. The present tense includes the oast and future tenses, and the future, the
present. The singular number includes the plural, and the plural, the singular.
"Shall" is mandatory and "May" is permissive. "Oath" includes affirmation.
The word "City" wherever it occurs in this Charter, means the City of San Luis
Obispo, and every Commissioner, Commission, Department, Board, Officer, Employee.,
wherever mentioned in this Charter means the Commissioner, Commission, Department,
Board, Officer, or Employee, as the case may be, of the City of San Luis Obispo.
The word "Council" when used in this Charter means the Council of the City of
San Luis Obispo.
SECTION 107. CONFLICTS.
Any municipal ordinance, resolution, or motion duly approved by the City
Council which is in effect at the time this Charter is made effective shall continue
in force unless it is in conflict with any provision of this Charter, at which time
it shall become null and void.
SECTION 108. VALIDITY OF CHARTER.
If any section, subsection, sentence, clause or phrase of this Charter is
for any reason held to be unconstitutional or void, such decision shall not affect
the validity of the remaini.ng separable portions of this Charter. The people of
the City of San Luis Obispo hereby declare that they would have adopted this
Charter and each section, subsection, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be
declared unconstitutional or void.
SAN LUIS OBISPO CHARTER PAGE 2
SECTION 109. VIOLATION OF CHARTER.
The violation of any provision of this Charter shall be deemed a mis-
demeanor, and may be prosecuted by the.auth.orities. of the. City in the name of
the people of the State of California, or may be. redressed by civil action, at
the. ootion of said authorities. The.maxi.mum penalty upon conviction for the
violation of any provision of this Charter shall be a fine not exceeding one
thousand dollars ($1,000.00) or imprisonment for a term not exceedi.ng one year
or both such fine and imprisonment. Any person sentenced to imprisonment for
the violation of a provi,si.on of this Charter may be imprisoned in the city jail,
or in the county jail of the county in whi.ch.the City of San Luis Obispo is
situated.
The City Administrative Officer shall be responsible for the enforcement
of the proviai.ons of the Charter.
ARTICLE I.I. FORM AND POWERS OF MUNICIPALITY
SECTION 201. FORM OF GOVERNMENT.
The municipal government provided
"Council- Mayor- Administrative Officer"
by this Charter shall be known as the
form of municipal government.
SECTION 202. GOVERNING BODY.
All powers herein granted to and vested in the City of San Luis Obispo shall,
except as herein otherwise provided, be exercised by a Council to be designated
the Council of the City. The Council shall be the governing body of the City and,
subject to express limitations of this Charter, shall be vested with all powers
of legislation in municipal affairs adequate to a complete system of local govern-
ment consistent with the Constitution and laws of the State of California.
SECTION 203. POWERS OF CITY.
The City shall have the power to make and enforce all laws and regulations
in respect to municipal affairs, subject only to such restrictions and limitations
as may be provided in this Charter and in the Constitution and laws of the State
of California. It shall also have the power to exercise any and all rights,
powers and privileges heretofore or hereafter established, granted or prescribed
by any law of the State, by this Charter, or by other lawful authority, or which
a municipal corporation might or could exercise under the Constitution and laws
of the State of California. The enumeration in this, Charter of any particular
power shall not be held to be exclusive of or any limitation upon this general
grant of power.
SECTION 204. ORGANIZATION OF CITY GOVERNMENT.
After obtaining and considering the recommendations of the City Administra=
tive Officer, the Council shall provide by ordinance or resolution, not incon-
sistent with this Charter, for the powers and duties of all officials and employ-
ees of the City and for the organization, function, conduct, and operation of the
various departments of the City and may provide for the creation of additional
departments, divisions, offices, and agencies, and for their consolidation,
alteration, or abolition.
SAN LUIS OBISPO CHARTER PAGE 3
SECTION 205. CONSOLIDATION OF FUNCTIONS.
The Council may transfer or consolidate functions of the City government
to or with appropriate functions of the State or County government, or may
make use of such functions of the State or County government, and in case of
any such transfer or consolidation, the provisions of this Charter providing
for the function of the City government so transferred or consolidated, -shall
be deemed suspended during the continuance of such transfer or consolidation,
to the extent that such suspension is made necessary or convenient and is set
forth in the ordinance or resolution establishing such transfer or consolidation.
Any such transfer or consolidation may be repealed in like manner.
ARTICLE III. MUNICIPAL ELECTIONS
SECTION 301. PROCEDURE.
Unless otherwise provided.by ordinance hereafter enacted, all elections
shall be held in accordance with the.provisions of the Elections Code of the
State of California, as the same now exists or may hereafter be amended.
SECTION 302. GENERAL MUNICIPAL ELECTIONS.
General municipal elections to fill elective offices shall be held in the
City on the first Tuesday after the first Monday.in March in each odd numbered
year.
SECTION 303. SPECIAL MUNICIPAL ELECTIONS.
All other municipal elections that may be held by authority of this Charter,
or of general law, or by ordinance, shall be known as special municipal elections.
SECTION 304. INITIATIVE, REFERENDUM AND RECALL.
The provisions of the Elections Code of the State of California, as the same
now exists or may hereafter be amended governing the initiative, referendum
and recall of municipal officers, shall apply to the use thereof in this City
insofar as the provisions of the elections code are not in conflict with this
Charter.
ARTICLE IV. ELECTIVE OFFICIALS
SECTION 401. ENUMERATION.
The elective officers of the City of San Luis Obispo shall be a Mayor and
four Council members each of whom, including the Mayor, shall have the right to
vote on all questions coming before the Council.
SECTION 402. ELECTION AT LARGE.
The Mayor shall be elected at the general municipal election on a general
ticket from the City at large..
The Council members shall be elected at the general munici'pa.l election from
the City at large, two being selected biennially.
SAN LUIS OBISPO CHARTER PAGE 4
SECTION 403. ELIGIBILITY FOR OFFICE.
No person shall be eligible for election to, or to hold, the office of
Mayor or Council member of said City unless said person is and shall have been
a resident thereof, or of territory legally annexed thereto, on or prior to the
date of such election or appointment, for at least thirty (30) days next pre-
ceding said person's election thereto or appointment to fill a vacancy therein,
and is an elector thereof at the time of such election or appointment.
SECTION 404. TERMS OF OFFICE..
The term of the Mayor shall be two years, and the terms of the Council
members shall be four years.
Terms.shall commence on the first day of April at twelve o'clock noon follow-
ing the election and each shall serve until a successor is elected or appointed
and qualified. Ties in voti.ng shall be settled by the casting of lots.
SECTION 405. NO LIMITATION OF TERMS.
There shall be no limitation on the number of terms for which any elected
official may serve.
SECTION 406. VACANCIES.
An elective office becomes vacant when the incumbent thereof dies, resigns,
is removed from office under recall proceedings, i.s adjudged insane, convicted
of felony, or of an offense involving a violation of the Mayor or Council member's
official duties, or ceases to be a resident of the City, or has been absent from
the State without leave granted by the City Council for more than sixty (60)
consecutive days, or fails to attend the meetings of the Council for a like period
without being excused therefrom by said body.
A vacancy in the Council shall be filled for the remainder of the unexpired
term, if any, at the next regular municipal election following not less than
seventy -two (72) days upon the occurrence of the vacancy, but the Council by a
majority vote of its remaining members shall appoint a qualified person to fill
the vacancy until the person elected to serve the remainder of the unexpired term
or new term takes office. If the term still has two (2) years until expiration
at the time of the next regular municipal election, the election to that seat shall
be separated from the election for the other Council candidates. If the Council
fails to fill the vacancy within thirty (30) days following its occurrence, it
shall call a speciai municipal election to fill the vacancy, to be held not sooner
than ninety (90) days or not later than one hundred and twenty (120) days following
the occurrence.of the vacancy. The election shall be governed by the provisions
of Article III.
A person elected to fill a Council vacancy for an unexpired term shall take
office on the first Tuesday following his election. Notwithstanding any other
provisions of this Charter, a minority of the members of the Council may fill
vacancies on the Council by appointment in'the event that a majority of the Council
seats becomes vacant.
SECTION 407. MAYOR - POWERS AND DUTIES.
The Mayor shall preside at all meetings of the City Council and perform such
other duties.consistent with the office as may be imposed by the Council or by
vote of the people. The Mayor shall be entitled to, and must vote when present,
but shall possess no veto power. As presiding officer of the Council the Mayor
will faithfully communicate the will of the Council majority to the Administrative
Officer in matters of policy.
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SAN LUIS OBISPO CHARTER
PAGE 5
The Mayor shall present an annual work program to the Council for its con-
sideration at the first meeting in May. The Mayor shall have the responsibility
for forwarding the work program approved by the Council.
The Mayor shall be recognized as the official head of the City for all
ceremonial purposes, and by the Governor for military purposes. In time of
public danger or calamity, the Mayor shall take command of the public forces,
maintain order, and enforce laws.
The Mayor shall exercise such other powers and perform such other duties
as may be prescribed by law or ordinance or by resolut=ion of the Council, except
as limited by this Charter.
SECTION 408. MAYOR PRO TEMPORE.
The Council shall elect one of its members to be Vice Mayor. During the
temporary absence or disability of the Mayor, the Vice Mayor shall act as Mayor
Pro Tempore. In case of the temporary absence or disability of both the Mayor
and Vice Mayor, the Council shall elect one of its members to be Mayor Pro Tempore.
In case of vacancy in the office of Mayor, the Vice Mayor shall act as Mayor until
such vacancy can be filled as provided in this Charter.
SECTION 409. COUNCIL MEMBER TO HOLD NO OTHER OFFICE.
No member of the Council shall hold any other municipal office or hold any
office or employment the compensation of which is paid out of the municipal
monies; nor be elected or appointed to any office created or the compensation of
which is increased by the Council, while a member thereof, until one year after
the expiration of the term for which elected.
SECTION 410. COMPENSATION.
The Mayor and each Council member shall receive compensation for services,
as such, payable monthly. The Mayor shall be compensated at a rate different
from that of Council members.
The expenses incurred for Council- approved official business shall be reim-
bursed. Compensation for Mayor and Council members shall be reviewed, and when
warranted, adjusted biennially in odd - numbered years effective July 1.
The compensation for the Mayor and Council members shall remain i.n effect
upon the adoption of this Charter, but the rate may be revised by the electorate
as recommended by initiative.or referendum.
ARTICLE V. COUNCIL POWERS AND PROCEDURES
SECTION 501. GENERAL POWERS OF THE COUNCIL.
Subject to the provisions and restrictions contained in this Charter and
the delegation of power, if any, to any person, officer, Board, or Commission,
the Council shall have the power in the name of the City, to do and perform all
acts and things appropriate to a municipal corporation and the general welfare
of its inhabitants and which are not specifically forbidden by the Constitution
and laws of the State of California, or which now or hereafter i't would be com-
petent for this Charter to specifically enumerate.
SAN LUIS OBISPO CHARTER PAGE 6
No enumeration or specific statement herein of any particular powers shall
be held to be exclusive of, or a limitation of, the foregoing general grant of
powers.
SECTION 502. MEETINGS OF COUNCIL.
The Council shall provide by ordinance for the.time and place of holding
its meetings and the manner in which its special meetings may be called. Public
interest and convenience shall be the primary considerations when decisions are
made as to time, location, and frequency.
Except as otherwise provided by law, all meetings of the Council shall be
open to the public.
SECTION 503. QUORUM.
A majority of the Council members shall constitute a quorum for the transaction
of business.
SECTION 504. RULES OF PROCEDURE.
The Council shall determine its own rules of procedures.
SECTION 505. VOTING.
The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the Council. Upon
the request of any member, the ayes and noes shall be taken and recorded on any
vote. All members, when present, must vote. Failure or refusal to vote shall
be construed as an affirmative vote.
SECTION 506. MAJORITY RULE.
No ordinance, resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the Council.
SECTION 507. ADMINISTERING OATHS: SUBPOENAS.
Each member of the Council shall have the power to administer oaths and
affirmations in any investigation or proceeding pending before the Council.
The Council shall have the power and authority to compel the attendance of wit-
nesses, to examine them under oath and compel the production of evidence before
it. Subpoenas may be issued in the name of the City and be attested by the
City Clerk. Disobedience of such subpoena or the refusal to testify (upon other
than constitutional grounds), shall be deemed contempt and shall be punishable
as provided by the general laws of this State.
SECTION 508. LIMITATIONS.
No member of the Council shall be appointed to or serve as a voting member
of any City Board, Committee, Commission, or Authority, whether composed of
citizen volunteers, City employees, or a combination of both. This is not to be
construed as prohibiting members of the Council from serving on Committees or
Subcommittees of the Council itself, or of agencies representing other levels
of government.
� U
SAN LUIS OBISPO CHARTER PAGE 7
ARTICLE VI. LEGISLATIVE ACTIONS.
SECTION 601. METHOD OF ACTION BY COUNCIL.
All action by the Council shall be taken only by means of ordinance,
resolution, or oral motion duly made and passed.
Ordinances shall become a part of the Municipal Code and so remain until
amended or voided. All municipal laws relating to taxation or to possible
criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office
of the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special
meeting of the Council.
SECTION 602. REQUIREMENTS OF ORDINANCES.
With the sole exception of ordinances which take effect upon adoption
referred to in this article, no ordinance shall be passed by the Council on the
day of its introduction nor within five (5) days thereafter, nor until its
publication at least once in full in a newspaper of the City of San Luis Obispo
at least three (3) days before its adoption; and in case of amendment being made
thereto before the final adoption of the ordinance, the amended portion or portions
of said ordinance must in like manner be republi.shed at least one day before its
adoption as amended, provided that no less than a full section shall be published.
The correction of typographical or clerical errors shall not constitute an amend-
ment within the meaning of the foregoing sentence.
SECTION 603. ENACTMENT.
The enacting clause of every ordinance passed by the Council shall be:
"Be it ordained by the Council of the City of San Luis Obispo." The enacting
clause of every ordinance initiated by the people shall be: "Be it ordained
by the.People of the City of San Luis Obispo."
SECTION 604. EFFECTIVENESS..
Except as otherwise provided in this Charter, every ordinance and every
measure passed by the Council shall go into effect at the expiration of thirty
(30) days after its final passage, unless otherwise provided in said ordinance
or measure; provided, however, that no such ordinance or measure shall go into
effect in less than thirty (30) days from i.ts final passage. But ordinances
declared by the Council to be necessary as emergency measures as hereinafter
provided, ordinances ordering or otherwise relating to elections, ordinances
relating to public improvements, the cost of which is to be borne wholly or
in part by special assessments, and taxing ordinances, may go into effect at
the will of the Council.
SECTION 605. EMERGENCY LEGISLATION.
Any ordinance declared by the Council to be necessary as an emergency
measure, for preserving the public peace, health or safety, and containing a
statement of the reasons for its urgency, may be introduced and adopted at
once at the same meeting if passed by at least four affirmative votes.
N
SAN LUIS OBISPO CHARTER PAGE 8
SECTION 606. AMENDING ORDINANCES.
No ordinance shall be amended by reference to its title, but the sections
thereof to be amended shall be re- enacted at length as amended; and any amend-
ments passed contrary to the provisions of this section shall be void.
SECTION 607. REPEAL.
No ordinance nor section thereof shall be repealed except by an ordinance
adopted in the manner provided in this Charter. This is not to prohibit the
voiding or expiration of any ordinance.when such voiding or expiration is
provided for in the ordinance itself.
SECTION 608. CODIFICATION OF ORDINANCES..
Any or all ordinances of the City which have been enacted and published in
the manner required at the time of their adoption, and which have not been
repealed, may be compiled and codified in accordance with the provisions of the
laws of the State of California as the same now exist or may hereafter be amended.
Detailed regulations pertaining to the construction of buildings, plumbing
and wiring,. fire prevention and similar matters, when arranged as a comprehensive
code, may likewise be adopted by reference in the manner provided by.State law.
SECTION 609. VIOLATION OF ORDINANCES.
The violation of any ordinance adopted and published by the City Council
shall constitute a misdemeanor unless by ordinance it is made an infraction.
Both misdemeanors and infractions may be prosecuted or may be redressed
in the manner provided by the general law of the State.
ARTICLE VII. APPOINTIVE OFFICIALS
SECTION 701. GENERAL DESCRIPTION.
The officials of the City of San Luis Obispo shall consist of a City
Administrative Officer, a City Treasurer, a City Clerk, a City Attorney, and
such assistants or deputies as the Council may deem necessary. Such officials
shall be appointed by and may be removed only by the affirmative votes of a
majority of the members of the Council. All other officials and department
heads of the City shall be appointed by and may be removed by the City Administra-
tive Officer.
SECTION 702. DUTIES OF OFFICIALS AND EMPLOYEES.
After obtaining and considering the recommendations of the City Administra-
tive Officer, the Council shall provide in a manner not inconsistent with this
Charter, for the powers and duties of 'all officials and employees of the City.
SECTION 703: CITY ADMINISTRATIVE OFFICER.
The City Administrative Officer shall be the administrative head of the
government of the City. As such, the City Administrative Officer shall be
responsible to the Council for the efficient implementation of its policy and
effective administration of all the affairs of the City government which the
office controls. Any action, determination or omission of the.Administrative
Officer or staff shall be subject to review by the Council but no 'individual
Council member or the Mayor shall overrule, change or modify any such action,
determination or omission except by affirmative vote of at least three members
of said Council at a duly constituted session.
SAN LUIS OBISPO CHARTER PAGE 9
The Administrative Officer shall advise and make recommendations to the
Council concerning any conditions or governmental situations which need Council
direction or policy determination.
The Administrative Officer will insure that the Council, as a whole or as
individuals, are permitted timely and complete freedom of access to requested
information.
SECTION 704. QUALIFICATIONS.
The City Administrative Officer shall be chosen on the basis of administra-
tive qualifications; need not be a resident of the City or the State at the time
of appointment, but during tenure in office shall reside within the City.
SECTION 705. ELIGIBILITY OF COUNCIL MEMBERS. .
No member of the City Council shall, during the term for which elected or
appointed, or for one year thereafter, be eligible to hold the position of City
Administrative Officer.
SECTION 706. COMBINING OF OFFICES.
Where the positions are not incompatible, the Council may combine in one
person the powers and duties of two or more offices created or provided for
in the Charter.
SECTION 707. NEPOTISM.
The Council shall not appoint to a salaried position under the City govern-
ment, any person who is a relative by blood or marriage within the third degree
of any one or more members of such-Council; and neither shall any department head
or other officer having appointive power appoint any relative of the Council or
themselves within such degree to any such position. Nothing herein shall prevent
the City Administrative Officer from supplementing the provisions of this section.
SECTION 708. EQUAL OPPORTUNITY EMPLOYMENT.
All persons seeking employment with the City and all City employees shall
be treated equally and without discrimination prohibited by Federal, State or
local laws.
SECTION 709. EMPLOYMENT POLICY.
The City Council shall adopt a Personnel Policy Ordinance, prescribing
hiring, discharge and performance standards for Council appointees, department
heads, and other appointive officials.
No official appointed by the City Council shall be terminated within the three
(3) months following a municipal election. No official subject to appointment
by the City Administrative Officer shall be terminated within the three (3) months
immediately following the appointment of a new City Administrative Officer. Any
notice of termination, transfer, or demotion shall state the effective date of
the action and a copy shall be filed with the Personnel Department.
SECTION 710. OATH OF OFFICE.
Every official of the City, before entering upon the duties of the office,
shall take the oath of office as provided for in the Constitution of this State,
and shall file the same with the City Clerk.
c
LUIS OBISPO CHARTER PAGE 10
SECTION 711. COMPENSATION OF OFFICIALS AND EMPLOYEES.
The compensation of all City officials and employees, except as otherwise
provided in this Charter, shall be by salary to be fixed by ordinance or resolution.
No official or employee shall be allowed any fees, perquisites, emoluments, re=
wards or compensation for any work performed as an official or employee, aside
from the salary or compensation as fixed by the Council, but all fees received in
connection with official duties shall be paid into the City Treasury.
SECTION 712. OFFICIAL BONDS.
The Council shall, by ordinance or resolution, determine what officials and
other persons in the service of the City shall give bond either of an individual
type or,be included in a master bond, for the faithful performance. of their duties
and /or honesty, and shall fix the amounts of such bond or bonds, and each of such
officers and other persons shall before entering upon the duties of office or
employment, execute a bond to the City in the penal sum provided by such ordinance
or resolution,, including in the same bond the duties of all offices of which the
official or person is made, by this Charter or otherwise, ex officio incumbent.
Such bonds must be examined by the City Attorney and approved by the City Council.
All bonds when approved shall be filed with the City Clerk, except the City Clerk's
bond, if any, which shall be filed with the City Administrative Officer. All the
provisions of any law of this State relating to the official bonds of officials
as then existing shall apply to such bonds, except as herein otherwise provided.
In all cases where surety company bonds are approved by the Council, the premium
therefore.shall be paid by the City.
ARTICLE VIII. FISCAL ADMINISTRATION
SECTION 801. THE FISCAL YEAR.
The fiscal year of the City shall commence upon the first day of July of
each year, or at such other time as may be fixed by ordinance.
SECTION 802. ANNUAL BUDGET.
On such date in each year as shall be fixed by the Council, the City
Administrative Officer shall send to the Council a careful estimate, in writing,
of the amounts, specifying in detail the objects thereof required for the business
and proper conduct of the various departments, offices, Boards and Commissions
of the City., over which the office has control, during the next ensuing year.
The City Administrative Officer shall also at said time.submit to the Council an
estimate of the amount of income from all sources of revenue, exclusive of taxes
upon property, and the probable amount required to be levied and raised by tax -
ation.
SECTION 803. PUBLIC HEARING ON THE BUDGET.
After reviewing the proposed budget as submitted by the City Administrative
Officer and making such revisions as it may deem advisable, the Council shall
determine the time for holding of a public hearing, and shall cause a notice.
thereof to be published not less than ten (10) days prior to said hearing by at
least one insertion in a newspaper in the City of San Luis Obispo. Copies of
the proposed budget shall be available for inspection by the public at the office
of the City Clerk at least ten (10) days prior to said hearing. At the time so
advertised or at any time to which such public hearing shall from time to time
be adjourned., the Council shall hold a public hearing on the proposed budget at
which interested persons desiring to be heard shall be given such opportunity.
I�
SAN LUIS OBISPO CHARTER PAGE 11
SECTION 804. ADOPTION OF THE BUDGET.
After the conclusion of the public hearing the Council shall further consider
the proposed budget and make any revisions thereof that it may deem advisable and
thereafter it shall adopt the budget with .revi.sions, if any. Upon final adoption,
the budget shall be in effect for the ensuing fiscal year. From the effective
date of the budget, the several amounts stated . therein as proposed expenditures
shall be and become appropriated to the various departments or activities therein
described. All appropriations shall lapse at the end of the fiscal year to the
extent that they shall not have been expended or lawfully encumbered. At any
meeting after the adoption of the budget, the Council may amend or supplement the
budget by motion adopted by a.majority vote of the Council.
SECTION 805. GRANTS AND SUBSIDIES.
Sufficient funds may be budgeted by the Council for grants, subsidies, con -
tributions, subventions and the like to economic, promotional., environmental,
cultural., or other agencies whose.operations are unrelated to those of the City
but who contribute largely to the quality of life of the City. Such funds shall
be allotted only after a public hearing on consideration of an application by the
requesting,group or agency. Such application shall include complete justification
of the need for the requested aid.
SECTION 806. INCOME FROM PUBLIC UTILITIES.
All income derived from the operation and management of any public utility
by the City shall be devoted exclusively to the payment of the expenses of operat-
ing, maintaining, improving, or bettering such public utility, and to the payment
of any debts and interest thereon which may have been incurred for the acquiring,
improving, operating, or maintaining of such utility.
Sf_CTION 807. TAX LIMITATION.
(A) General. The Council shall not levy a property tax for municipal pur-
poses for any fiscal year, greater than eighty -five cents.(85¢) on each one
hundred dollars of assessed value of taxable property in the City, except as
otherwise provided in this section, unless authori.zed by the affirmative votes of
the majority of the electorate voting on a proposition to increase such levy at
any election at which the question of such additional levy for municipal purposes
is submitted to the electors.. The number of years that such additional levy is
to be made shall be specified in such proposition.
(B) Additional Taxes. There shall be levied and collected at the time and
in the same manner as other property taxes for municipal purposes are levied and
collected, as additional taxes, if no other provisions for the payment thereof
is made:
1. A tax sufficient to meet all obligations of the City for principal
and interest of all bonds or judgments due and unpaid or to become due
during the ensuing fiscal year which constitute the general obligations
of the City;
2. A tax sufficient to meet all obligations of the City to the Public
Employees' Retirement System for retirement of the City Employees, i'f any,
due and unpaid or to become due during the ensuing fiscal year.
(C) Special Levies. Special levies in addition to the above may be made
annually in amounts not to exceed the limits hereinafter enumerated in this section,
respectively, on each $100 of the assessed value of the taxable property in the
City:
✓/I 1 1
SAN LUIS. OBISPO CHARTER PAGE 12
1. For public improvements and betterments: Thirty cents (30¢)
2 For library purposes: Twenty cents (20¢)
3. For park and recreation purposes: Twenty cents (20c)
The proceeds from any special levies shall belong to and be paid into
restricted funds set aside for their respective purposes and shall be expended
only for such purposes.
SECTION 808. ACCOUNTS PAYABLE.
Monies -shall be drawn from the City Treasury only in the manner prescribed
by ordinance of the Council.
SECTION 809. CLAIMS AGAINST THE CITY.
(A) No suit shall be brought on any claim for money or damages against the
City or any Board, or official thereof, until a demand for the same has been
presented as herein provided and rejected in whole or in part. If rejected in
part, suit may be brought to recover the whole. All claims for damages against
the City must be presented to the City Clerk within the time limits prescribed
by the laws of the State of California after the occurrence, event, or transaction
from which the damages allegedly arose, and shall set forth in detail the -name and
address of the claimant; the time, date, place, and circumstances of the occur-
rence and the extent of the injuries or damages received.
(B) The provisions of the foregoing subsection (A) shall not prohibit pay=
ment on invoice, claims for goods, wares, materials, and /or services supplied
to the City, and the provisions for payment on account of said items shall be
set out by an ordinance adopted by the Council.
SECTION 810. INDEPENDENT AUDITS.
The Council shall employ, at the beginning of each fiscal year, an indepen-
dent certified public accountant who, at such time or times as may be specified
by the Council, at least annually, shall examine the books, records, inventories,
and reports of all officials, employees, departments, and agencies who receive,
handle, or disburse public funds. As soon as practicable after the end of the
fiscal year, a final audit and report shall be submitted by such accountant to
the Council, one copy thereof to be distributed to each member, one each to the
City Clerk, the City Treasurer, the City Administrative Officer, and City Attorney
respectively, and three additional copies to be placed on file in the office of
the City Clerk where they shall be available for inspection by the general public
for the period required by the laws of the State of California. Restricted and
special assessment district funds shall be segregated in the audit report.
ARTICLE IX. PUBLIC WORKS AND CONTRACTS
SECTION 901. PUBLIC WORKS TO BE DONE BY CONTRACT..
(A) Except as provided in subsection (D) of this section, every project
involving an expenditure of City monies of more than the amount specified in
Section 37902 of the Government Code of the State of California, as the same
now exists or may hereafter be amended for the construction or improvement of
public buildings, works, drains, sewers, utilities, parks, playgrounds, and
streets (exclusive of projects for resurfacing, maintenance, and repair of
streets) shall be let by contract to the lowest responsible bidder after notice
by publication in the official newspaper by one or more insertions, the first
of which shall be at least ten (10) calendar days before the time for opening
bids.
SAN LUIS OBISPO CHARTER _ PAGE 13
(B) All bids shall be accompanied by either a certified or cashier's check,
or a bidder's bond executed by a corporate surety authorized to engage in such
business in California, made payable to the City. Such.security shall be in an
amount not less than that specified in the notice inviting bids or in the specifi-
cations referred to therein, or if no amount be so specified then in an amount not
less than ten percent (10 %) of the aggregate amount of the bid. If the successful
bidder neglects or refuses to enter into the contract, within the time specified
in the notice inviting bids or specifications referred to therein, the amount of
the bidder's security shall be declared forfeited to the City and shall be collected
and paid into its general fund and all bonds so forfeited shall be prosecuted and
the amount thereof collected and paid into such fund. The Council may reject any
and all bids presented and may readvertise in its discretion.
(C) The Council, after rejecting bids or if no bids are received, may de-
clare and determine that, in its opinion, based on estimates approved by the City
Administrative Officer the work in question may be performed better or more
economically by the City with its own employees and after the adoption of a resolu-
tion to this effect by at least four (4) affirmative_ votes of the Council pursuant
to Section 37905 of the Government Code may proceed to have said work done in the
manner stated, without further observance of the provisions of this section. Such
contracts likewise may be let without advertising for bids, if such work shall be
deemed by the City Council to be of urgent necessity for the preservation of life,
health or property and shall be authorized by resolution passed by at least four
(4) affirmative votes of the Council and containing a declaration of the facts
constituting such urgency.
(D) Nothing in this section shall be construed to apply to any project in-
volving the expenditure of City monies by the City for public works in cooperation
with a developer or subdivider for oversize facilities or such cooperative exten-
sion or replacement of mains and appurtenances. For those projects the City shall
have the authority to make funds available to the cooperating developer or sub-
divider on a fixed formula basis established at least annually by Council resolution.
SECTION 902. COLLUSION.
(A) Any officer or employee of the City, or of any department thereof, who
shall willfully aid or assist a bidder in securing a contract to furnish labor,
materials or supplies at a higher price than that proposed by any other bidder,
or who shall favor one bidder over another, or who shall willfully mislead any
bidder in regard to the character of the materials or supplies called for, or
who shall knowingly accept materials or supplies of a quality inferior to those
called for by the contract or who shall knowingly certify to a greater amount of
labor performed than has been actually performed., or to the receipt of a greater
amount or different kind of materials or supplies than has been actually received,
any of the above which is to the detriment of the City, shall be deemed guilty
of malfeasance and shall be removed from office.
(B) If at any time it shall be found that the person to whom a contract has
been awarded has, in presenting any bid or bids, colluded with any other party or
parties for the purpose of preventing any other bids being made, then the contract
so awarded shall be null and void, and the Council shall advertise for a new con-
tract for said work, or provide for such public work to be done by the City.
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SAN LUIS OBISPO CHARTER PAGE 14
(C) If at any time it shall be found that the person to whom a contract has
been awarded has colluded with any other party or parties, including a City officer
or employee, during the administration of the contract, then the contract so award-
ed shall be null and void and any funds paid pursuant to it shall be returned to
the City. Any City officer or employee guilty of such collusion to the detriment
of the City may be prosecuted pursuant to State law or charged with a misdemeanor
for violation of this Charter.
SECTION 903. PURCHASES OF SUPPLIES AND EQUIPMENT.
The City Council by ordinance or resolution shall adopt policies and procedures,
including appropriate bidding regulations, governing purchases of supplies and
equipment. Purchases of supplies and equipment shall be made only in accordance
with the adopted policies and in accordance with all provisions of law governing
the same.
The City Council also shall by ordinance or resolution adopt policies and pro-
cedures for the contracting for personal services. Such personal services shall
be contracted for only in accordance with the adopted procedures and in accordance
with all provisions of law governing the same..
SECTION 904. ABRIDGEMENT OF CONTRACT.
Inasmuch as a contract is a legal document attesting to the terms of an agree=
ment providing for an exchange of services for a mutually - agreed -upon compensation
in return, each separate deletion, modification, or addition shall be completed
in writing, signed by authorized representatives of the contractor and the City, .
and filed with the City Clerk within thirty (30) calendar days.
Any willful abridgement of any provision of a contract, without a written
memorandum as required above, shall be considered a breach of contract and a
misdemeanor. _
SECTION 905. PROGRESS PAYMENTS.
Any contract may provide for progressive payments if the ordinance or resolu-
tion authorizing such work includes such a provision. No progressive payments
may be provided for or made at any time which with prior payments, if there have
been such, shall exceed in amount at any time ninety percent (90 %) of the value
of the labor done and the materials used up to that time, and no contract shall
provide for or authorize or permit the payment of more than ninety percent (90 %)
of the contract price before the completion and acceptance of the work.
SECTION 906. SALE OR LEASE OF CITY PROPERTY.
The following regulations shall be applicable to City -owned property: No
sale or lease of real property nor any sale of personal property of a value in
excess of One Hundred Dollars ($100.00) nor any lease or personal property for a
period exceeding three (3) years shall be authorized by the Council except by
resolution passed by the affirmative vote of three - fifths (3/5) of all the members
of the Council.
SECTION 907. EXEMPTIONS.
Nothing in this article shall be construed to apply to the acquisition or
purchase of natural gas, telephone se,rvice., electricity,.electric power or
electric energy by the City for any use or purpose.
0
SAD! LUIS OBISPO CHARTER PAGE 15
ARTICLE X. LICENSES. AND FRANCHISES.
SECTION 1001. GRANTING OF FRANCHISES.
The City Council is empowered to grant by ordinance a franchise to any
person, firm or corporation, whether operating under an existing franchise or
not, to furnish the City and its inhabitants with transportation, communication,
terminal facilities, water, light, heat, power, refrigeration, storage, or any
other public utility of public service., and to use the public streets, ways,
alleys, and other places, as the same now or may hereafter exist, for the con-
struction and operation of plants, works, or equipment necessary or convenient
for traversing any portion of the City for the transmitting or conveying of
any service elsewhere. The City Council may prescribe the terms and conditions
of any such grant. It may also provide, by procedural ordinance,the method of
procedure and additional terms and conditions for making such grants, subject
to the provisions of this Charter.
SECTION 1002. RESOLUTION OF INTENTION, NOTICE, AND PUBLIC.HEARING.
Before granting any franchise, the City Council shall pass a resolution
declaring its intention to grant the same, stating the name of the proposed
grantee, the character of the franchise and the terms and conditions upon which
it is proposed to be granted. Such resolution shall fix and set forth the day,
hour and place when and where any persons having any interest therein or any
objection to the granting thereof may appear before the City Council and be
heard thereon. It shall direct the City Clerk to publish said resolution at
least once within fifteen (15) days of the passage thereof in a newspaper in the
City of San Luis Obispo. The time fixed.for such hearing shall not be less than
twenty (20) nor more than sixty (60) days after the passage of said resolution.
At the time set for the hearing, the City Council shall proceed to hear and pass
upon all protests, and its decision thereon shall be final and conclusive. There-
after, it may grant or deny the franchise, subject to the right of referendum
of the people.
SECTION 1003. TERM OF FRANCHISE.
Every franchise shall state the 'term for which it is granted, which, unles's
it be indeterminate as provided for herein, shall not exceed thirty =five (35)'
years. No franchise may be renewed until three (3) years before its term expires.
A franchise.grant may be indeterminate, that is to say, it may provide that it
shall endure in full force and effect until the same, with the consent of the
Public Utilities Commission of the State of California, shall be.vofuntarily
surrendered or abandoned by its possessor, or until the State of California, or
some municipal or public corporation, thereunto duly authorized by law, shall
purchase by voluntary agreement or shall condemn and take, under the power of
eminent domain, all property actually used and useful in the exercise of such
franchise and situated within the territorial limits of the State, municipal or
public corporation purchasing or condemning such property, or until the franchise
shall be forfeited for non - compliance with its terms by the possessor thereof.
SAN LUIS OBISPO CHARTER PAGE 16
SECTION 1004. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES.
Any franchise granted by the City with respect to any given utility service
shall be in lieu of all other franchises, rights, or privileges owned by the
grantee, or by any successor of the grantee to any rights under such franchise,
for the rendering of such utility service within the limits of the City as they
now or may hereafter exist, except any .franchise derived under Section 19 of
Article XI of the Constitution of California as said section existed prior to the
amendment thereof adopted October 10, 1911. The acceptance of any franchise here-
under shall operate as an abandonment of all such franchises, rights, and
privileges within the limits of the City as such limits shall at any time exist,
in lieu of which such franchise shall be granted. Any franchise granted hereunder
shall not become effective until written acceptance thereof shall have been filed
by the grantee thereof with the City Clerk. Such acceptance shall be filed within
ten (10) days after the adoption of the ordinance granting the franchise and when
so filed, such acceptance shall constitute a continuing agreement of such grantee
that if and when the City shall thereafter annex, or consolidate with, additional
territory, any and all franchises, rights„ and privileges owned by the grantee
therein, except a franchise derived under said constitutional provision, shall
likewise be deemed to be abandoned within the limits of such territory.
SECTION 1005. EMINENT DOMAIN.
No franchise grant shall in any way or to any extent impair or affect the
right of the City to acquire the property: of the grantee thereof either by pur-
chase or through the exercise of the right of eminent domain, and nothing herein
contained shall be construed to contract away or to modify or to abridge either
for a term or in perpetuity the City's right of eminent domain with respect to
any public utility. Every franchise grant shall reserve to the City the right to
purchase the property of such utility either at an agreed price or a price to be
determined in a manner to be prescribed in the grant, or in. the procedural ordinance
hereinabove mentioned. In fixing the price to be paid by the City for any utility,
no allowance shall be made for franchise value (other than the actual amount paid
to the City at the time of the franchise acquisition), good will, going concern,
earning power, increased cost of reproduction, severance damage, or increased
value of right of way.
SECTION 1006. DUTIES OF GRANTEE.
By its acceptance of any franchise hereunder, the grantee shall covenant and
agree to perform and be bound by each and all of the terms and conditions imposed
in the grant or by procedural ordinance, and shall further agree to:
(A) Comply with all lawful ordinances, rules, and regulations theretofore .
or thereafter adopted by the City Council in the exercise of its police power,
governing the construction, maintenance, and operation of its plants, works, or
equipment;
(B) Pay to the City on demand the cost of all repairs to public property
made necessary by any of the operations of the grantee under such franchise;
(C) Pay to the owner on demand the cost of all repairs to private property
made necessary by any of the operations of the grantee under such franchise;
(D) Indemnify and hold harmless the City and its officials from any and all
liability for damages proximately resulting from any operations under such franchise;
SAN LUIS OBISPO CHARTER PAGE 17
(E) Remove and relocate without expense to the City any facilities installed,
used and maintained under the franchise if and when made necessary by any lawful
change of grade, alignment, or width of any public street, way, alley, or place,
including the construction of any subway or viaduct; and
(F) Pay to the City during the life of the franchise, a percentage, to be
specified in the grant, of the gross annual receipts of the grantee within the
limits of the City, or such other compensation as the City Council may prescribe
in the grant.
The City Administrative Officer shall be responsible for the enforcement of
all provisions of the grant.
SECTION 1007. VIOLATIONS..
The exercise by any person, firm or corporation of any privilege for which
a franchise is required, without procuring such franchise, shall be a misdemeanor,
and each day that such condition continues to exist shall constitute a separate
violation.
ARTICLE XI. PERSONNEL ADMINISTRATION.
SECTION 1101. RULES AND REGULATIONS.
After obtaining and considering the recommendations of the City Administrative
Officer, the Council shall provide by ordinance or resolution, not inconsistent
with this Charter, for personnel rules and regulations governing all City
employees.
SECTION 1102. PERSONNEL BOARD. ril
The Council may establish a Personnel.Board consisting of five (5) members
whose duties shall be advisory only.
SECTION 1103. POLITICAL ACTIVITIES.
The political activities of all City employees shall conform to pertinent
provisions of the Federal and State laws.
SECTION 1104. EMPLOYEE CANDIDACY FOR PUBLIC OFFICE.
Nothing in Section 1103 shall be construed to prevent any full -time employee
from seeking election or appointment to public office. Upon becoming a candidate
for elective office for the City of San Luis Obispo, any such person shall request
and be granted a leave of absence, without pay, to remain in effect during the
period of time such person is a candidate.
SECTION 1105. RETIREMENT.
The City Council shall be authorized to enter into a contract with the Board
of Administration of the Public Employees' Retirement System of California which
shall include all employees of the City of San Luis Obispo. Should the contract
at any time be broadened, the City Council may have the contract amended to pro-
vide the improved coverage.
The Council may terminate the contract or negotiate another contract with
reduced employee coverage with the Board of Administration of 'the Public Employees'
Retirement System only upon authority approved by 4 majority vote of the electorate.
SAN LUIS OBISPO CHARTER PAGE
ARTICLE XII. BOARDS AND COMMISSIONS.
SECTION 1201. AUTHORITY.
The City Council shall have the authority to establish by ordinance citizen
Committees, Commissions, Boards, and Authorities as required by the State of
California or as the Council deems necessary to give it advice or assistance_
Such authorizing ordinances shall clearly define goals, responsibilities, and
jurisdiction of such a body.
The Council shall have the authority to establish by resolution any temporary
or "ad hoc" citizen Committees with limited lifespan and clearly defined objectives
specified in such a resolution.
SECTION 1202. ELIGIBILITY, APPOINTMENT, AND LENGTH OF TERMS.
All registered voters within the City, except part or full -time officials
and management employees of the City, shall be eligible for appointment, and
shall be selected and appointed by any method deemed appropriate by the Council.
No Committee member shall be appointed to a term exceeding four (4) years.
Committee members may be reappointed to serve additional terms.
SECTION 1203. VACANCIES.
If a vacancy occurs in the body created by the Council, that vacancy may be
filled by the Council for the unexpired term of such a position. A member of any
such body may be removed by three (3) affirmative votes of the Council.
SECTION 1204. BYLAWS AND PROCEDURES.
Each body established by ordinance shall present in writing to the Council
for approval its bylaws for procedure: purpose, specific functions, meetings,
officers, budget, etc.
SECTION 1205. ANNUAL REPORTS.
By May 1 of each year, each established body shall report to the Council on its
activities for the preceding year, as well as its proposed activities and requested
budget for the forthcoming year.
SECTION 1206. FUNCTIONAL REVIEW.
Every five (5) years of a standing Committee's life, the activities of such
a body shall be reviewed by a citizens' "ad hoc" Committee and recommendations
presented to the Council for modification or continuation of function, or for
termination. The Council, at its discretion, may refer this task to the Personnel
Board.
0
follows:
RESOLUTION NO. 3504 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON TUESDAY, JUNE 6; 1978, AND TO
BE CONSOLIDATED WITH THE STATE -WIDE PRIMARY ELECTION
TO BE HELD ON SAID DATE,, FOR THE PURPOSE OF VOTING
ON CITY CHARTER MEASURES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. There is hereby called and ordered to be held in the
City of San- Luis!..Obispo, County of San Luis Obispo, State of California., on
Tuesday, June 6, 1978, a Special Municipal Election of 'the qualified electors
of said City for the purpose of voting upon City Charter measures, copies
of which are available for public inspection in the office of the City Clerk.
SECTION 2. The propositions to be voted_on at said Special Municipal
Election shall be as set forth on Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION 3. The City Clerk shall certify to the passage and adoption
of this resolution and shall cause this resolution to be published once in
the San Luis Obispo County Telegram- Tribune, a newspaper of general circulation
printed, published and.circulated in the City of San Luis Obispo, within
'fifteen.(15) days of the date hereof and not more than sixty (60) days prior
to the 6th day of June, 1918.
On motion.of Councilman. Settle . seconded by Councilman Jorgensen ,
and on the following roll call vote:
AG:ktm 2/8/78
R 3504
Resolution No. 3504
V
(1978 Series)
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT.: None
the foregoing resolution was passed and adopted this 21st day of February_ -,
1978.
ATTEST:
eTk J.H. Fitzpatric
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLE
City Attorney
.11'% . _ V
By Allen Grimes
Approved as to content:
CQ%nsao %-
City Administr tive GKic er
C.: C - - -
AG:ktm 2/8/78 2 -
ALTERNATIVE. MEASURES TO BE VOTED ON
A SHALL THE PROPOSED CHARTER OF THE CITY OF
SAN LUIS OBISPO BE ADOPTED?
YES
NO
B SHALL THE PROPOSED ALTERNATIVE SECTION 402
OF THE CHARTER PROVIDING FOR NUMBERED
COUNCIL SEATS BE ADOPTED?
YES
NO
SHALL THE PROPOSED ALTERNATIVE SECTION 404 YES
OF THE CHARTER PROVIDING FOR A TERM OF FOUR
(4) YEARS FOR THE OFFICE OF MAYOR BE ADOPTED? NO
D SHALL THE PROPOSED ALTERNATIVE SECTION 405
YES
OF THE CHARTER LIMITING THE TERM OF ANY ELECTED
OFFICIAL TO EIGHT (8) YEARS IN SUCCESSION BE
NO
ADOPTED?
E SHALL THE PROPOSED ALTERNATIVE SECTION 410
YES
OF THE CHARTER PROVIDING FOR A METHOD OF
DETERMINING COMPENSATION FOR MEMBERS OF THE
NO
COUNCIL BE ADOPTED?
F SHALL THE PROPOSED ALTERNATIVE SECTION 1102
OF THE CHARTER MAKING THE ESTABLISHMENT OF
A PERSONNEL BOARD MANDATORY BE ADOPTED?
YES
NO
RESOLUTION NO. 3503 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL
IMPROVEMENT FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
Capital Improvement Fund appropriations be authorized to provide for site
planning and appraisals for a proposed Consolidated Government Center and
Parking Complex in downtown San Luis Obispo.
Account No.
(40) 40- 6860 -511
40- 0510 -000
40- 0600 -000
Description
Consolidated Parking
& Govt. Complex
Appropriations
Unappropriated Balance
Amount
$14,000. DR.
14,000. CR.
14,000. , DR.
On the motion of Councilman Jorgensen , 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 14th day of February
1978.
ATTEST:
y Ck6fk J.H. Fitzpatrick
Approved as to form: Approved as to content:
WENDT, MITCHELL, SIN HEIMER,
de la horn orn LILLE
CCity Attorney
City Administrative fficer
By Allen Grimes
R 3503
J „
CONTRACT FOR SPECIAL SERVICES
This contract, entered into this 14tiday of February, 1978, by and
between the City of San Luis Obispo, hereinafter referred to as "City,"
and David Mitchell Walker, a consultant, hereinafter referred to as
"Consultant."
The parties hereto agree as follows:
Consultant agrees to perform the services listed herein for the amount speci-
fied in accordance with the terms and conditions herein established.
(1) Consultant Services: The consultant will analyze data provided by the
city and county and develop alternatives leading to a site.plan and
feasibility analysis for an expanded Alternate IV -C Consolidated Govern-
ment Center in downtown San Luis Obispo (refer to attached Exhibit A).
In addition to reproducible drawings and sketches, the consultant will
develop data keyed to the site plan indicating estimated square footages
of buildings and their use, number of parking spaces and their users,
and cost estimates - including costs of land acquisition and relocation,
construction', utility improvements, and.street widenings. The statistics
so developed will be prepared so as to be directly comparable with those
developed by the county in their feasibility planning for the Marsh Street
site. Specific uses not to be accommodated within this site plan (e.g.,
juvenile hall) will also be identified as to square footage, parking needs,
etc: to permit ready comparisons with the data being developed by the
county for Marsh Street.
The Community Development Director will provide broad general guidance and
consultant shall be expected to use initiative and discretion in performance
of his services.
(2) City Responsibilities: The city shall provide the consultant with work
space, inventory data and reports, maps, drafting materials, estimates of
utility and right -of -way improvement costs, and secretarial and planning
technician support.
(3) .Compensation: The city agrees to pay the consultant up to a maximum of
$3,500.00 for the above directed services payable at a rate of $12.00 per
hour, billable twice monthly.
(4) Independent Contractor: Notwithstanding any other representations oral or
written, between the parties, including any and all agents or representa-
tives thereof, Consultant at all times covered by the terms of this agree-
ment is acting as a free and independent contractor, and not as an employee
of the city.
(3
IN WITNESS WHEREOF, the parties hereto have executed this contract on the
day and year first hereinabove set forth.
ATTEST:
y _
J.H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SI SHEIMER,
de la MOTTE & LILLE
City Attorney
By Allen Grimes
CONSULTANT• 1
1 G V�J
Da vi ) Mitc a Wa ker
CITY OF SAN LUIS OBISPO
ppointing ut or' y
Community SvelopmUnt Director
Approved as to content:
ipksak
City AdministrativeNfficer
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1CHEfIBERGER,
ROlf & TAYLOR
Z Real Estate Appraisers, Righi —of —Way and Environments! Consultants
February 8, 1978
Mr. Thomas Gingg
Community Development Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dear Mr. Gingg:
In accordance with your request, I have reviewed a number of properties
proposed to be appraised for the City for decision making purposes. The
properties are situated generally within the bounds of Palm and Monterey
Streets, and Osos and Chorro Streets; including a total of four struc-
tures, all of which front on Palm Street.
It should be noted that establishing fee land values and improvement
values will be the easiest and least.time consuming portion of the
assignment.
The complex and most time consuming.portion of the project.will involve
the following:
L Separating the.fee values among the various lease
interests and easement holders.
2. Determining damages for loss.of permanent onsite.park-
ing, and possigle loss of direct access for loading
and clients,.from the areas proposed to.be acquired.
3. Fulfilling the RAAP requirements, which involve a '� �5 6 89j
tremendous amount of paper work and a great deal of E
personal contact with owners and tenants. /;•f
0
4. Contacting all affected interest holders and inviting 2' '`�` `
them to accompany the appraiser on the inspection of Cf. �,Po
the premises. C`9�S' " " "`6?
5. Drafting a formal narrative report.
I would like to suggest that a preliminary estimate of value and an
estimate of damages and possible RAAP payments might be in the City's
best interest. This suggestion is predicated mainly upon the almost
impossible time constraints that the City is faced with. It would
also involve much less of my time initially, and therefore minimize
the cost of my services to the City.
P. O. BOX 428 SAN LUIS OBISPO, CALIFORNIA 93406 PHONE (805) 544 -2472
The preliminary estimate could be utilized for decision making purposes;
and a finalized formal report, requiring owner notification, etc., could
be completed pending the results of discussions between the City and
County.
The information gathered and analyzed by our firm for the preliminary
estimate would work directly into the final report and would therefore
not be a duplication.of effort. We would make every effort to obtain
a reliable preliminary estimate, anticipating inflation, etc.; so as to
eliminate a big surprise at the time of final report submission.
Our firm proposes the following alternatives:
AZternative. Nwnber 1
Investigate the subject properties and submit a preliminary.estimate of
value and estimated costs in an informal report format. Estimated time
of completion is six weeks. Estimated fee is a range between $3,500 and
$4,000.
The report would be in summary form with major emphasis.on the following
subject property data:
1.
2.
3.
4.
5.
Land value estimate
Improvement value estimate
Damages estimate if applicable for:
A. Loss of parking
B.. Loss of direct access to the areas proposed to acquire
C. Other damages
Demolition estimate if applicable
RAAP payments:
A. Moving entitlement estimate
B. Business payment estimate
Item 3(A) will be difficult to assess accurately without studying the
various lease agreements, which we know exist on some of the parcels.
However; a generalized estimate can be made on the basis of one or
two of the parking agreements that we are aware of.
Item 5(B) and the probability of payment for loss of 'goodwill' is dif-
ficult to ascertain without getting into the owner's tax statements.
It should also be noted that the .City will be responsible for actual
moving expenses, as evidenced by receipted bills, if an owner chooses
to continue his business. This is going to be very expensive for the
auto dealership.
In these instances I would try to estimate the higher end of the prob-
able costs.'
s
AZternative Nwnber 2
In order to do a complete narrative appraisal and comply with all the
paper work requirements of RAAP, I estimate that this assignment will
take an absolute minimum of one hundred twenty days and I could not
guarantee completion within that time, but I would try.
The complexity of this assignment is at th
all concerned; and I believe that it would
for the entire assignment, without knowing
required to do. The only alternative that
stances is to quote a fee which would be a
anticipate.
is point really unknown to
be unfair to quote a fee
exactly what I will be
I have under these circum-
maximum that I could possibly
I believe that the entire job .could be accomplished within an estimated
fee range of $7,000 to $8,000, but I -would have to protect myself by
stating a maximum of $10,000. .In most instances where I have done
lar er City assignments,,. .I have charged for my time at $200 per day
or 125 per hour worked. I do not charge the maximum unless that amount
of time is used or surpassed.
Thank you for this opportunity to.submit a proposal.on. this assignment.
If you have any questions, please feel free to call me.
Respectfully submitted,
&) aed�i Z_o�
Walter F. Ross
Appraiser
WFR:al
RESOLUTION NO. 3502 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL
IMPROVEMENT FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the following
Capital Improvement Fund appropriation account be increased to provide additional
funds necessary for the landscape and irrigation improvements to City parking
lot at 630 Monterey Street.
Account No. Description Amount
(40) 40- 6861 -633 Parking Lot - 630 Monterey $2,300. DR.
40- 0510 -000 Appropriations 2,300. CR.
40- 0600 -000 Unappropriated Balance 2,300. DR.
On motion of Councilman Jorgensen, seconded by Councilman Pe- tterson ,
and on the following roll call vote:
AYES: Councilmen Uorgensen;gSettde andr.MayordPro- Tee- Petterson== ersor..,
NOES: Councilman Dunin
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 7th day of February ,
1978.
ATTEST:
Cit perk J H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
a- T.. Uffr'M f T'TT TL`V
Mayor Pro -Tem Steve Petterson
Approve& as to content:
J
City Administrative ficer
Finance D' ctor
R 3502
7
/
�
Mayor Pro -Tem Steve Petterson
Approve& as to content:
J
City Administrative ficer
Finance D' ctor
R 3502
N
RESOLUTION NO. 3501 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO FINDING AND DECLARING THE NECESSITY
FOR CONDEMNATION OF PRIVATE PROPERTY FOR PUBLIC
STREETiiIMPROVEMENTS, CITY OF SAN LUIS OBISPO,
SAN LUIS OBISPO COUNTY, CALIFORNIA.
BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
It finds and determines and hereby declares that the public
interest and necessity require the acquisition, construction and
completion by the City of certain public street improvements; and
further in connection therewithi the acquisition of title in the
real property described in Appendix "A" attached hereto as described
therein is necessary therefor...
Said proposed public improvement is planned and located in
the manner which will be most compatible with the greatest public
good and the least private injury.
The City Council shall acquire in the name of City the said
interest in real property by donation, purchase, or by condemnation
in accordance with the provisions for eminent domain contained in
section 37350:5 of the Government Code of the State of California
and section 4.090 of the Streets and Highways Code of the State of
California.
R 3501
o. o
The law firm of Wendt, Mitchell, Sinsheimer,.de la Motte &
Lilley, a Professional Corporation, City-Attorney for the City of
San Luis Obispo, is hereby authorized and empowered:
To acquire in the City's name,.by condemnation,
the said interest in real property in accordance
with the authority for eminent domain, granted
by the Constitution of the State of California
and the above cited statutes, and in accordance
with the procedures set forth in the Code of
Civil Procedure of the State of California;
To prepare and .prosecute in the City's name such
proceedings in the proper court as are necessary
for such acquisition,
The said.interests-.in real property are more particularly
described in Appendix "A" attached hereto and incorporated herein
by reference.
On motion by Councilman Settle
and seconded by Councilman Dunin
the City Council of the City of San Luis Obispo hereby adopted in
its entirety the foregoing proposed Resolution on the following roll-
call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Pro -Tem Petterson
-2-
O C
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 7th day
of February 1978.
ATTEST:
CIT ERK J.H. FITZPATRICK
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
...., l �nr, -,
MAYOR PRO -TEM STEVE PETTERSON
Approved as to content:
de la MOT.TE & LILLEY r
City Attorney
CITY ADMINISTRATIV FFICER
By: DALE C. MITCHELL CITY NGINEERING OFFICER
J
-3-
C J
APPENDIX "A"
That portion of Lot 25 of Yoakum Poultry Units, in the City of
San Luis Obispo, County of San Luis Obispo, State of California,
according to map recorded March 11, 1927 in Book 3, at Page 89 of
Maps, described as follows:
Beginning at a point on the Northerly line of said Lot 25, said
point of beginning being distant along the Northerly line of said
Lot, North 520 03' East, 416.89 feet from the most Westerly corner
of said Lot and running thence from said point of beginning, South
320 29' East, 119.37 feet to a point; thence North 57° 31' East,
50 feet to a point; thence North 32° 29' West, 124.15 feet to a point
on the Northerly line of said Lot 25; thence along the Northerly
line of said lot, South 520 03' West, 50.23 feet to the point of
beginning.
"30AD"
ROCKVIEW
RESOLUTION NO. 3500 (197b Series)
RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO GRANTING
APPROVAL OF TENTATIVE TRACT NO. 705, LOCATED AT 3003 ROCKVIEW
PLACE.
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
(A) That the council, after consideration of the tentative map of Tract 705
and the Planning Commission's recommendations, staff recommendations,
and reports thereon, makes the following findings:
(1) The tentative map is consistent with the general plan.
(2) The design and improvements of the proposed subdivision are consistent
with the general plan.
(3) The site is physically suitable for the type of development proposed.
(4) The site is physically suitable for the proposed density of development.
(5) The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidable
injure fish or wildlife or their habitat.
(6) The design of the subdivision or the type of improvements are not likely
to cause public health problems.
(7) --The design of the subdivision or the type of improvements.will not conflict
with the easements,for access through or use of property within the proposed
subdivision.
(B) That the approval of the tentative map for Tract 705 be subject to the
following conditions:
(1) Tract corners shall be set by a registered civil engineer or land surveyor.
(2) A registered civil engineer or land surveyor shall certify that the
structures are located correctly prior to release of structures for
occupancy.
(3) All utilities shall be underground.
(4) If sewer service to each unit is to be provided by extension of the public
sewer main, said main shall be six - inches in diameter and constructed to
city standards and easements shall be granted to the city subject to approval
of the city engineer. Sewer main shall be at least 10 -feet from water lines
and five -feet from retaining walls with no restrictions to access. Sewer
may be private and shall be four - inches in diameter minimum.
(5) Subdivider shall install individually metered water service to each dwelling
unit. Meters shall be clustered in sidewalk at property frontage.
(6) Subdivider shall install an on -site fire hydrant or a heat activated fire
alarm system throughout project with annunciator to the approval of the fire
department.
(7) Grading on site, if not completed prior to the recordation of the final map,
shall be bonded to - the approval of the city engineer.
R 3500
Tentative Tract 70'�..)
Page 2
C
r.
(8) Subdivider shall construct standard street improvements at property
frontage consisting of curb, gutter, four -foot integral sidewalk and full
street paving. If street improvements not completed and accepted prior to
recordation of the final map, bonding to the approval of the city engineer
shall be required.
(9) Conditions, covenants and restrictions shall be approved by the city
attorney and community development director. CC &R's shall contain the
following provisions:
(a) Creation of a homeowners association to enforce the CC &R's and
provide for professional, perpetual maintenance of all common area
including driveway.and all building exteriors in a first class condition.
(b) Grant to the City of San Luis Obispo the right to maintain common
area and building exteriors, if the homeowners association fails to
perform and assess the homeowners association for expenses incurred.
(c) No parking on the site except in approved designated spaces.
(d) Grant to the City of San Luis Obispo the right to tow away vehicles,
on a complaint basis, which are parked in unauthorized places.
(e) No outside storage of boats, campers,.motorhomes and trailers, nor
long -term storage of inoperable vehicles.
(f) No outside storage by individual units except in garages and enclosed
patios.
(g) Homeowners association to provide for maintenance and repair of private
sewer and water lines.
(h) No change in city required provisions of CC &R's without prior City
Council approval.
(10) Subdivider shall sound proof the interior of the dwelling units to a
45 Db level consistent with general plan noise element.
(11) Subdivider shall :install-automatic door openers on all garage doors.
(12) The final map shall contain a note that all property above the 275 foot
contour elevation shall be kept in permanent open space and no structures
or grading shall be allowed.
On motion of Councilman Settle , seconded by Councilman.Dunin , and on
the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Pro -Tem Petterson
NOES: None
ABSENT: Mayor Schwartz
Tentative Tract 705'
Page 3 r
the foregoing resolution was passed and adopted this 7th day of February , 1.978.
Z'4 .
Mayor Prb"Tem--S.tevehPetterson
ATTEST:
Cit/ c J.11. Fitzpatrick
Approved as to form:
Wendt, Mitchell, S' sheimer,
de la Motte & Lily
City Attorney
By Allen Grimes
Approved as to content:
follows:
RESOLUTION NO. 3499 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING PREPARATION OF A RIGHT OF WAY
CERTIFICATION FOR THE SANTA ROSA STREET WIDENING
PROJECT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. This Council hereby approves the preparation of a right
of way certification for the Santa Rosa Street Widening Project and authorizes
the Mayor to execute said certification.on behalf of the City.
SECTION 2. The City Clerk is directed to furnish a copy of this
resolution together with the executed right of way certification to the
State of California Department of Transportation right of way agent.
On motion of Councilman Settle , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Pro -Tem Petterson
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 7th day of February ,
1978.
Mayor Pro -Tem Steve Petterson
ATTEST:
Cy�/ erk itzpatrick
Approved as to content:
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLY
City Attorney
en
City Administrative 0 ENT
'City Esneer
R 3499
January__19,1978
CITY OF SAN LUIS OBISPO
M- Y394(1)
Identification Number
U- . .
Federal Program
Santa Rosa Street
Street, Road or Project Name
Monterey St. 'to. Walnut St.
Job Limits
All required right of way for construction of this project has now
been acquired, covered by Right of Entry or Order for Possession,
as set forth in detail below:
1. STATUS OF RIGHT OF WAY ACQUISITION
a. Total number- of parcels required - - -= -- 16
b. Parcels acquired outright ------- - - - -:= 1.2
C. Parcels covered by Orders for
Possession------------- ------- - - - - -- 4
Effective dates:
18.0 -3 Humphreys - 6 -18 -77
180 -6 Kluchin - 3 -27 -77
180 -7 Nelson - 3 -28 -77
180 -11 Nelson - 3 -28 -77
2. STATUS OF AFFECTED RAILROAD FACILITIES: None
3. DESIGNATED MATERIAL SITES: None
4. DESIGNATED DISPOSAL AREAS: None
5. STATUS OF UTILITY RELOCATION: Utilities involved will
either be relocated -prior to or in connection and
coordination with the contractor's operations, as
provided in the contract specifications.
This project conforms to the Caltrans policy on high
and low risk facilities within highway rights of way,
effective September 1, 1977.
6. SCHEDULE FOR REMOVAL OF IMPROVEMENTS AND OBSTRUCTIONS:
Settlement is pending on Parcel 180 -6 .(Kluchin),
which will allow the property owner until May 1,
1918 to remove the front porch from the residence
located on the property: If construction begins
before this date, then a work - around will be insti-
tuted. (As noted above, this parcel is also covered
by an Order for Immediate Possession.)
7. UNAUTHORIZED ENCROACHMENTS: None
8. COMPLIANCE WITH FEDERAL AND STATE REQUIREMENTS
REGARDING THE ACQUISITION OF REAL PROPERTY:
All right of way has been acquired in accordance
with Title III of the Federal Uniform Relocation
Assistance and Real Property Acquisition Policies
Act of 1970 (Public Law 91 -646) and all appli-
cable current FHWA directives covering the
acquisition of real property.
9. COMPLIANCE WITH RELOCATION ADVISORY ASSISTANCE AND
PAYMENTS PROVISIONS OF FEDERAL AND STATE LAW:
The project has no occupied parcels, and all
persons have been relocated to decent, safe and
sanitary housing or have been offered decent,
safe and sanitary housing in accordance with the
current FHWA regulations. No person displaced by
this project has been required to vacate without
at least 90 days' written notice.
a. Number of dwellings displaced - -- 4
1. Owner- occupied: 0
2. Rental units: 4
b. Businesses displaced------ - - - - -- 2
I HEREBY CERTIFY the right of way on this project as conforming
to Statement No. 2 of Paragraph 5c of FHPM- 642.1.
CITY OF SAN LUIS OBISPO
BY ✓ /.v T
Mayor ro -Tem Steve Petterson
Date February 9, 1978
T
RESOLUTION NO. 3498 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING ANNUAL RATIFICATION FOR PARTICIPATION
IN A JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO
COUNTY AREA COUNCIL OF GOVERNMENTS.
WHEREAS, this Council adopted Resolution No. 3189 (1976 Series)
which.approved participation in a Joint Powers Agreement for San Luis
Obispo County Area Council of Governments; and
WHEREAS, Section 6 of Article IV,. Membership, of said Joint Powers
Agreement requires annual ratification for continuing participation in
said agreement;
NOW., THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. This Council hereby "ratifies the Joint Powers Agreement
for San Luis Obispo Area Council of Governments for. continued participation
by the City. through 1978.
SECTION 2.' The City Clerk is directed to forward a certified
copy of this Resolution to the Area Council of Governments..
On motion of Councilman Settle
and on the following roll call vote`.
seconded by Councilman Dunin
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Pro -Tem Petterson
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 7th day of February
1978.
ATTEST:
Mayor Pro -Tem Steve Petterson
Ci 6fk J.H. Fitzpatrick
R 3498
....
Resolution No. 3498
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
(1978 Series)
Approved as to content:
City Administrative OfN<
l
JOINT POWERS AGREEMENT FOR SAN LUIS OBISPO
COUNTY AREA COUNCIL OF GOVERNMENTS
THIS JOINT POWERS AGREEMENT is made and entered into this
day of , 19 , by and among such of the incorpo-
rated cities of Arroyo Grande, Atascadero, E1 Paso de Robles,
Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all
being municipal corporations of the State of California and.
located within the boundaries of the County of San Luis Obispo,
California, as may execute this Agreement, hereinafter called
"CITIES," and the County of San Luis Obispo, a.body politic and
corporate and a subdivision of the State of California,.herein-
after .called "COUNTY,!,' as follows:
WHEREAS, Section 6500, et sec.; of the California Government
Code (.Title 1, Division 7, Chapter 5, Article 1) provides for
agreements between two or more public agencies to jointly
exercise any power common to the contracting parties, subject to
certain mandatory provisions contained therein; and
WHEREAS, the City'of San Luis Obispo by virtue of its charter,
and the other incorporated cities in the County, parties hereto,
by virtue of Sections 65600 through 65604, inclusive, of the.
California Government Code have the joint and mutual power to
create an area planning commission, herein designated "San. Luis
Obispo County area Council of Govenments "; and
WHEREAS, COUNTY and CITIES did,,in 1968, jointly execute an
agreement establishing such a planning council and now wish to
amend and supersede,the same; and
JOINT POWERS AGREEMENT
WHEREAS, Section 29532, California
that such a council of governments shall
transportation planning agency to act in
transportation planning, and
Page 2
Jovernment Code, provides
be designated the regional
matters of. transit and
WHEREAS, it is desirable that a single agency be created by
and with the consent of CITIES and COUNTY to advise, plan for,
and suggest solutions to common problems; assist in the prepara-
tion of plans and programs by utilizing planning talents and
general plans of the various governmental jurisdictions in the
County and of experts in various other fields and to coordinate
their efforts; and
WHEREAS, creation of such an agency and action by it upon
certain plans and programs is necessary to comply with require-
ments of federal and state legislation in order to participate in
the allocation and disbursement of State and Federal funds which
may be desired by COUNTY and CITIES in the implementation of plans
and programs which have been adopted and approved by their.
respective governing bodies;
NOW, THEREFORE, it is agreed as follows:
I. PURPOSE
The San Luis Obispo County Area Council of Governments is
organized for the permanent establishment of a forum for planning,
discussion and study of area- wide.problems.of mutual interest and
concern to COUNTY and to CITIES; for the development of studies
and adoption.of regional plans, to serve as a regional agency for
certain federal and state programs; and.for other actions
commensurate with the desires of the member governments.
o � _
JOINT POWERS AGREEMENT Page 3
II. POWERS ,
The San Luis Obispo County Area Council of Governments.,
hereinafter called "SLO COG)" is hereby created as a.voluntary
agency pursuant to applicable provisions of the California
Government Code with the power to carry out the purposes herein-
above stated and to implement the annual work program approved by
COUNTY and CITIES, including the power to contract for goods
and services, to provide for employment of necessary personnel,
experts and consultants; to accept gifts, loans, grants; and to
administer the affairs of the SLO COG hereby created in accord -
ante with this Agreement.
Pursuant to Section 6508.1, Californi'a.Government Code, it
is hereby declared by COUNTY and CITIES that the debts, liabilities
and obligation's of the San Luis Obispo County Area Council of
Governments shall not be the debts, .liabilities and obligations
of any of the parties to this Agreement, except as otherwise
provided herein.
III. NAME
The.official name of the Organization hereby created shall
be the "San Luis Obispo County Area Council of Governments:"
IV. MEMBERSHIP
1. membership in the SLO COG shall be voluntary, but only
the County of San Luis Obispo and all cities incorporated in the
County of San Luis Obispo presently or in the future, are
declared eligible for membership in the SLO COG.
2. Representatives of the COUNTY and CITIES shall be
appointed to serve on the SLO COG in accordance with procedures
JOINT POWERS AGREE?1ENT
Page 4
established by each of the governing bodies of the member agencies.
Representatives to the SLO COG shall consist of the five members
of the Board of Supervisors of the County of San Luis Obispo from
time to time in office and of one additional member from the
governing body of each incorporated city within the boundaries
of the County of San Luis Obispo which is a party to this Agree-
ment, with each incorporated area being limited to one representa-
tive. Representatives shall serve so. long as they hold office with
their member agency or until they shall resign or be removed by
a majority vote of their respective governing bodies. Vacancies
among representatives shall be filled in the same manner as the
first appointment.
3. Member agencies may elect to have an alternate member
in addition to any official member, but said alternate shall be
able to vote only in the absence of the official representative.
4. Designation of the official representative or alternate,
or changes thereto, shall be transmitted in writing to the
Secretary of the SLO COG by the appointing city or the county.
5. In addition to the incorporated cities presently a party
to this Agreement, any other city which may hereafter be incorpo-
rated within the boundaries of the County of San Luis Obispo and
which may desire to participate in the activities of the SLO COG
may do so by executing this Agreement without prior approval or
ratification of the named parties to this Agreement and shall
thereafter be governed by all the terms and provisions of this
Agreement as of the date of execution.
JOINT POWERS AGRE ENT Page 5
6. Membership shall be contingent upon the execution of
this Joint Powers Agreement and subsequent annual ratification
by all agencies party to this agreement.
V. OPERATION
1. The powers of the San Luis Obispo County Area Council
of Governments are advisory to the member agencies which execute
this Agreement except for those actions mandated by State or
Federal law for the processing of applications submitted by any
of the member agencies for Federal and State grants or funds
which require action by the SLO COG. Nothing herein shall be
construed to limit in any manner the power of any of the parties
to initiate and complete a local project within their respective
jurisdictions with their own funds. It is understood, however,
that the recommendations of the SLO COG may have the effect of
precluding any favorable action by an agency of the State or
Federal government in support of such a project if other than
local financing is sought, as determined by the respective State
or Federal agency under law, regulations and policies applicable
to them.
2. Except as otherwise provided-herein, there shall be no
costs incurred by SLO COG pursuant hereto, other than expenses
of its members, which are to be borne by their respective
entities, and the cost of services by the officers and personnel
of the respective entities to said council, upon approval of such
services by the governing bodies thereof, shall likewise be borne
by the respective entities.
'JOINT POWERS AGRE•t ,TENT Page 6
All costs incurred by SLO COG performing functions as the
regional transportation agency for San Luis Obispo County as
designated by the State shall be paid out of the transportation
fund established pursuant to Section 29530, et seq., Government
Code as provided for therein.
3. Costs of SLO COG for each fiscal year which are necessary
for the ordinary operation of the council, including but not
limited to office space, furniture, supplies and postage; and
excepting those functions performed as the regional transportation
agency, shall be borne by COUNTY in an amount approved by the
Board of Supervisors in the annual county budget. Extraordinary
costs as recommended by the SLO COG shall be borne by contributions
from the member entities as approved by their governing bodies.'
Costs of all activities undertaken by SLO COG as the
regional transportation planning agency shall be set.forth in
the budget as part of the annual work program of SLO COG and
shall be funded from the transportation fund pursuant to
applicable state statutes.
4. The annual work program and budget, when adopted shall
be,the basis for operation of SLO COG for the fiscal year. Any
deviation from the work program not affecting the budget shall
be returned to the member agencies for approval.
5. The purposes of conducting business, there shall be
present a'quorum consisting of a majority of representatives,
including two COUNTY representatives. No action shall be
effective without the affirmative votes of a majority of
JOINT POWERS AGREEMENT Page 7
representatives. However, eight (8) affirmative otes shall be
required for taking any action in the event any agency demands
such a vote. The representatives to the council shall adopt such
procedures as are consistent with this Agreement and necessary to
conduct the business of SLO COG in.an orderly manner.
VI. OFFICERS
1. The officers of the council shall consist of a President
and Vice - President elected for a term of one year by a majority
vote of member agency representatives to the council.
2. Both the President and Vice - President of SLO COG shall
be elected at the May meeting (annual meeting)..
3. The officers shall serve until their successors are
elected.
4. The duties of the officers shall be as follows:.
a. President
1) Shall preside over all meetings of the council
as Chairman..
2) Shall appoint all standing committees. -
3) Shall exercise general supervision over all
activities of said council.
4) Shall be an ex- officio member of all committees..
5) Shall execute all contracts and legal documents
on behalf of the SLO COG.
b. Vice- President.
1. Shall serve as Chairman pro - tempor in the absence
of the President.
J
JOINT POWERS AGREEMENT
2) Shall give whatever aid necessary to the
Page 8
President in administering of the SLO COG.
3) Shall be an ex- officio member of all committees.
5. In the event of a vacancy occurring in the office of
either the President or Vice - President upon said officer's
death, resignation, removal or his ceasing to be an official
representative of a member city of the County of San.Luis Obispo,
such vacancy will be filled by majority vote of-the SLO COG, the
officer elected to serve for the balance of the unexpired term.
VII. STAFF
1. The SLO COG shall appoint a Secretary to serve at its
pleasure, who will perform the following duties and such others
as may be assigned by SLO COG.
a. Prepare and submit the annual work program and budget
to the SLO COG for its approval and to the parties
hereto for ratification.
b. Shall keep an accurate account and file of all
meetings.
C. Shall disburse all funds in accordance with the
policies of the County Treasurer and the County
Auditor /Controller and the budget and work program
adopted by the SLO COG.
d. Shall have charge of all correspondence.
e. Shall keep and maintain the reports of the SLO COG
on all committees.
f. Shall insure that SLO COG renders a written year end
report reflecting activities of the preceding fiscal
o
JOINT POWERS AGREEMENT Page 9
year, said year end report to be distributed to
each of the participating member bodies.
g. Shall be responsible for directing those employees
authorized by the SLO COG in the budget. Employees
are to be appointed by the SLO COG on the recommenda-
tion of the Secretary and to serve at the pleasure
of the SLO COG.
2. The Secr-etary.of the SLO COG shall have charge of,
handle and have access to any property of the San Luis Obispo
County Area Council of Governments. Said Secretary shall file
with the SLO COG his official bond in the amount of ONE THOUSAND
DOLLARS ($1,000.00) or such other additional amount as may be
determined by the SLO COG.
VIII. MEETINGS
1. Regular meetings of the SLO COG shall be held at least
six (6) times a year or at more frequent.intervals as approved
by the SLO COG.
2. Special meetings may be called by the President or upon
written request of at least three (3) representatives of the
SLO COG. Actual notice of special meetings must be given at
least three (3) business days in advance.
3. Meetings shall be open to the public as required by
state law.
4. Regular meetings shall be held in the first week of
January, March, May, July, September and November. The May..
meeting shall be designated the "annual meeting."
JOINT POWERS AGREEMENT Page 11
IX. COMMITTEES
1. Committees and subcommittees may be established as the
SLO COG may deem appropriate.
2. Membership on committees shall be at the discretion of
the President. Nothing herein shall .be construed to limit
membership on these aforesaid committees to officials of the
member agencies. The President may appoint any individual deemed
qualified to serve on a committee. Standing committees shall
include the Administration Committee, comprised of all managers
and administrators of member jurisdictions; the Legal Committee,
comprised of all city and designated county attorneys; the Planning
Committee, comprised of all agency planning officials; nominated
by their respective agencies; the Public Works Committee, comprised
of all agency engineering officials nominated by their respective
agencies; and the Transportation Committee. The SLO COG may
organize such other technical advisory committees as it deems
necessary to carry out SLO COG functions..
3. No-committee shall commit the SLO COG on any matter or
questions of policy. Such matters or questions can only be
decided by the SLO COG.
4. All committees shall receive clerical assistance from
the SLO COG staff for the purpose of maintaining minutes of
meetings and other such duties as the Secretary may direct. The
chairman of each committee shall sign the original copy of the
minutes indicating his verification of contents. Copies of minutes
of all meetings shall be sent to members of the SLO COG and the
Secretary.
JOINT POWERS AGREEMENT Page 10
5. The Secretary of the SLO COG will direct the.publica-
tion of notices of all meetings pursuant to state law.
6. Only official representatives or alternates shall
represent a member of the SLO COG or vote on any motion before
the SLO COG.
7. The meeting agenda shall be prepared.by the Secretary
to the SLO.COG. Agenda material shall be submitted to the
Secretary at least twenty -one (.21) calendar days prior to the
next regular meeting and distributed to members at least fourteen
(14) calendar days prior to the next regular meeting to allow
member agencies to instruct their representatives on voting
direction. Unless authorized by majority vote of the representa-
tives at a regular meeting, only agenda items shall be considered.
by the SLO COG.
8. The SLO COG, at the discretion of the President, may
memorialize any of its actions by resolution.
9. Robert's Rules of Order or such other rules as the SLO
COG may adopt will govern all proceedings not specifically
provided for herein.
10. Executive sessions shall be held in accordance with
applicable law.
11. The SLO COG shall hold public hearings for the adoption
of Regional Plans.
12. Minutes of all SLO COG meetings shall be kept by the
Secretary to the SLO COG and shall be submitted to member agencies.
JOINT POWERS AGRELliENT
X. FINANCE
`.J
Page 12
1. The SLO COG shall have-no power to expend funds on any
project for which funds have not been budgeted, nor on any item
in excess of the budgeted amount without specific approval of
two - thirds of the governing bodies of the member agencies including
COUNTY.
2. The Treasurer of the County of San Luis Obispo is
designated the depositary, and he shall have custody of all money
of the SLO COG from whatever source received. It is further
understood that the Auditor /Controller of the County of San Luis
Obispo is, as such., auditor of the SLO COG..
XI. WITHDRAWAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation
and agree to assign representatives
of the SLO COG or any committee or
shall act for an on behalf of their
matters which shall come before the
necessary approval of their acts by
and COUNTY.
to serve as official members
subcommittee thereof N,;ho
city or county in any or all
SLO COG, subject to any
the governing bodies'of CITIES
2. Any party to this Agreement may withdraw from the San
Luis Obispo County Area Council of Governments and terminate its
participation in this Agreement by resolution of its governing
body. The withdrawal of the member shall have no effect on the
continuance of this Agreement among the remaining members and the
Agreement shall remain in full force and effect as respects the
remaining members.
f
JOINT POWERS AGREk,mENT Page 13
3. A member withdrawing shall not be liable for the payment
of further contributions falling.due beyond the date of withdrawal
and shall have no right to reimbursement of any monies previously
paid to SLO COG, provided, however, that SLO COG may authorize a
reimbursement if in its judgment such reimbursement is fair and
equitable and can be done without jeopardy to the operation of the
SLO COG. If any party hereto fails to pay its contribution, as
determined by SLO COG, said entity shall be deemed to have
Voluntarily withdrawn from the SLO COG.
4. SLO COG may be dissolved at any time and this Agreement
rescinded by a joint agreement executed by COUNTY and CITIES which
are parties hereto. Said rescision Agreement shall provide for
the orderly payment of all outstanding debts and obligations and
for the return of any surplus funds of SLO COG in proportion to
the contributions made.
XII. EFFECTIVITY
This Agreement shall take effect upon its execution by the
chairman or mayor and clerks of the governing bodies of the County
of San Luis Obispo and at least four (4) cities, pursuant to
resolutions of such governing bodies authorizing such execution and
shall remain in full force and effect until dissolved pursuant to
the provisions herein. This Agreement may be executed in eight
(8) counterparts which together shall constitute a single
agreement.
IN WITNESS 19 EREOF, the parties hereto have executed this
Agreement as of the day and year first hereinabove written.
'.J
JOINT POWERS AGREEMENT
CITY OF ARROYO GRANDE
By: Date: ,
Mayor
Resolution No.
Clerk
CITY OF ATASCADERO
By: Date:
Mayor
Resolution No.
erk
CITY OF GROVER CITY
By: Date:
Mayor
Resolution No.
Clerk
CITY OF MORRO BAY
By: Date:
t.Sayor
Resolution No.
erk
CITY OF PASO ROBLES
By Date:
Mayor
Resolution No.
Clerk
CITY OF PISP.IO BEACH
By: Date:
Mayor
Resolution No.
Clerk
Page 14
C
JOINT POWERS AGREEMENT
CITY OF SAN LUIS OBISPO
By : s/LYNN R. COOPER
Mayor Lynn R. Cooper
WA FITZPATRICK
Clerk J.H. Fitzpatrick
COUNTY OF SAN LUIS OBISPO
By:
ti4ayor
1
Date: February 5, 1980
Resolution No. 4087
Date:
Resolution No.
Clerk
Page 15
0
RESOLUTION NO. 3497 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING TO ORLOFF MILLER, COORDINATOR
FOR THE HUMAN RELATIONS COMMISSION, A LEAVE OF
ABSENCE.
WHEREAS, Orloff Miller; Coordinator of the Human Relations Commission,
has requested a leave of absence with pay from April 1, 1978,to June 30, 1978,,
and without pay from July i., 1978,to August 31, 1978; and
WHEREAS, Orloff Miller commenced his current term as contract part -time
Coordinator for the Human Relations Commission on or about January, 1975; and
is presently employed under a contract with the City dated July 1, 1977; and
WHEREAS, under the guidance and direction of Orloff Miller as the
Coordinator for the Human Relations Commission (HRC), the HRC has accomplished
the following goals:
1. Promoted the preservation of civil rights;
2. Continued and improved the Directory of Human Services;
3. Provided tenant- landlord grievance services;
4. Provided assistance with consumer affairs;
5. Instituted and coordinated a contract study for Human Needs
Assessment;
6. Strengthened and coordinated the lines of communication
.between various social services agencies; and
7. Kept current on statewide and national trends in the human
relations field; and
WHEREAS, under the policies and procedures of the Unitarian Universalist
Fellowship, Orloff Miller, as a minister;'must.take a sabbatical leave this
year; and
R 3497
Resolution No. 3497
J
(1918 Series)
WHEREAS, the Council finds that the services of Orloff Miller as
Coordinator for the Human Relations Commission have been exceptionally
beneficial to the City and the Council wishes to continue to have his
services available on mutually agreeable terms;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. A leave of absence is granted to Orloff Miller as: part-
time coordinator for the HRC, commencing April 1, 1978, and extending to
August 31, 1978, under the terms cited above.
SECTION 2. The City Clerk shall furnish a copy of this resolution
to Joe W. Turner, Chairperson, Human Relations Commission and to Orloff
Miller, Coordinator, Human Relations Commission.
On motion of Councilman Settle, seconded by _Councilman_Dunin -,
and on the following roll call vote:
AYES: Councilmen Dunin,.Joigensen, Settle and Mayor Pro -Tem Petterson
NOES: None
ABSENT: Mayor Kenneth Schwartz
the foregoing Resolution was passed and ;adopted this 7th day of February ,
1978.
ATTEST.
C lerk U.H. Fitzpatrict
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTI'E &- LILLEY
City 'Attorney
;By ATren Grimes ^ -- —
Mayor Pro -Tem Steve Petterson
Approved as to content:
City Administrative Offi N -
RESOLUTION NO. 3496 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING
CAPITAL IMPROVEMENT FUND APPROPRIATIONS FOR THE 1977/78 FISCAL YEAR
AND AUTHORIZING A TRANSFER OF FUNDS.
1. BE IT RESOLVED by the Council of the City of San Luis Obispo that
the following Capital Improvement Fund approriations account be increased
to provide funding for the installation of a Treated Sewer Effluent
Force Main in connection with the Sewer Treatment and Disposal E.P.A.
Grant Project.
Account Description Amount
40- 7162 -720 (40) Sewer E.P.A. Improvements $17,600. DR.
40- 0510 -000 Capital Appropriations $17,600. CR.
40- 0600 -000 Unappropriated Balance 17,600. DR.
2. BE IT FURTHER RESOLVED that a transfer of $17,600. form the "Sewer
Treatment Plant Reserve account to the Capital Improvements Fund is
authorized to provide funding for the above increase.
On motion of Councilman Settle
an on the following roll call vote:
seconded by Councilman Dunin
AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Pro -Tem Petterson
NOES: None
ABSENT: Mayor Schwartz
the foregoing Resolution was passed and adopted this 7th day of February,
1978.
Mayor Pro -Tem Steve Petterson
ATTEST:
Clerk J.H. Fitzpatrick
R 3496
Approved as to form: Approved as to content:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
1
By Allen Grimes
RESOLUTION NO. 3495 (1978 Series)
0
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE ESTABLISHMENT OF AN EMERGENCY
COMMUNICATIONS :S YS TEM TO SERVE THE CITY AND THE
UNINCORPORATED AREA IMMEDIATELY ADJACENT TO THE CITY.
WHEREAS, the city is interested in providing its citizens with a
single three -digit telephone number for emergency assistance; and
WHEREAS, the city has been working with the State of California,
other local governmental agencies and Pacific Telephone Company toward
establishing such an emergency communications system; and
WHEREAS, the telephone company has available equipment which
includes the city and a portion of the surrounding unincorporated area
in a calling area for a public safety answering point (PSAP);
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
.Luis Obispo as follows:
SECTION 1. The city intends'to establish its own public safety
answering point (PSAP) within the city and is willing to answer and
forward to the appropriate agencies calls from the unincorporated area
included within the calling district established by Pacific Telephone
Company as illustrated on the map attached hereto, marked Exhibit "A"
and incorporated herein by reference.
SECTION 2. Appropriate members of the city staff are directed to
Prepare budget information, agreements needed, and an application to the
State of California for funding of the program.
SECTION 3. The Mayor is authorized to execute the Emergency
Telephone System Plan on behalf of the city when the plan is complete
and approved by the council.
SECTION 4. The city clerk is directed to provide certified
copies of this resolution to the city representative for the County -wide
911 Planning Committee: R 3495
O
Resolution No. 3495
ri
(1978 Series)
On motion of Mayor Schwartz 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 31st day�January•:
1978.
ATTEST:
ty.'Mrk-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 OfSicer
Eire Chief
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RESOLUTION NO. 34.94 (1978 Series)
RESOLUTION OF THE CITY OF SA14 LUIS OBISPO
REGARDING MASTER PLANNING OF COUNTY FACILITIES
IN THE DOWNTOWN AREA
WHEREAS, the County of San Luis Obispo has prepared studies for
alternate sites for construction of new County office facilities; and
WHEREAS, these studies have included evaluation of potential
government center sites in the downtown, on Johnson Avenue and most
recently at Marsh Street west of highway 101; and
WHEREAS, the County has recently given high priority to further
evaluation of the Marsh Street site for development of the new juvenile
hall facilities and master planning for additional County facilities; and
WHEREAS, the County has initiated detailed environmental studies,
site master planning, and negotiation for purchase of this property; and
WHEREAS, the City feels that as an alternative to the Marsh Street
development there is an opportunity for the County to expand government
services downtown in an economical fashion; and
WHEREAS, the City wants to work with the County to capitalize on this
alternative which will meet the stated objectives of both the City and
County.
NOW, THEREFORE, THE CITY COUNCIL RESOLVES:
(1) To endorse the earlier County - designated Alternate IV -C concept
(Palm Street corridor) for a consolidated governmental center
in downtown San Luis Obispo with the human services component
either incorporated into an expanded,Alternative IV -C plan or
developed on another.suitable site.
(2) To initiate a program for acquisition of land and development of
parking, upgrading of utilities, and circulation improvements to
facilitate expansion of County facilities downtown.
(3) To request the County to prepare a master plan for expansion of
County facilities downtown.
(4) To participate in preparation of County expansion plans and to
incorporate.these plans into a comprehensive Downtown Specific
Plan.
(5) To commence budgeting of funds for fiscal year 1978/79 for land
acquisition in.the two blocks lying between Palm and Monterey
and Osos and Chorro for parking and governmental facilities, the
amount of such funding to be dependent upon tangible expressions
of need and support for such facilities.
P, 3494
Resolution_^!o..3A
Master Planning County Facilities
in the Downtown Area
Page 2
(6) To offer to act as acquisition agent for these lands together
with other property determined necessary for the siting of
County and other governmental facilities to implement the
Downtown Specific Plan..
(7) To consult with the County in determining the most appro-
priate location for juvenile hall, with the final choice
for.site selection left to the County.
On motion of Councilman Jorgensen, seconded by Councilman Dunin
and on the fo owing roll call vote
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle.and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and ado
ATTEST:
Approved as to form:
Wendt, Mitchell, Sinshei
& Lilley, City Attorney
By Allen Grimes
c
, de la Motte
Approved as to content:
Tity Administrative UKicer
Community DIvefopme t Department
Public Services Director
.I v
i
RESOLUTION NO. 3493 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AMENDED AGREEMENT BETWEEN THE
CITY AND MICHAEL C. ROBINSON AND ASSOCIATES FOR
ASSESSMENT OF HUMAN SERVICES NEEDS WITHIN THE CITY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "J"
and incorporated herein by reference, between the City of San Luis Obispo and
Michael C. Robinson and Associates, for assessment of human services needs
within the city is hereby approved and the Mayor is authorized to execute
the amended agreement.
SECTION 2. The City Clerk is directed to furnish a copy of this
resolution and a copy of the executed agreement approved by it to:
Michael C. Robinson and Associates; the Human Relations Coordinator; the
City Finance Director.
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:
�T
Cit erk .patrick
Endorsements as to form and content
are on the agreement.
R 3493
CONTRACT, AS AMENDED
THIS CONTRACT is made and entered into this 19th day of January ,
1978, by and between THE CITY OF SAN LUIS OBISPO, a municipal corporation,
(hereinafter referred to as "City "), and MICHAEL C. ROBINSON AND ASSOCIATES
(hereinafter referred to as "Contractor").
WITNESSETH:
WHEREAS, City desires to have performed a needs assessment of the
citizens of the City to determine the community human services needs of
the City; and
WHEREAS, Contractor has the necessary personnel and expertise to con-
duct such a needs assessment; and
WHEREAS, additional funds have been received which are available to
finance the specified work within this contract, necessitating its amendment.
NOW, THEREFORE, the parties hereto in consideration of the mutual
covenants and agreements hereinafter contained do hereby agree as follows:
1. SCOPE OF WORK.
The Contractor shall develop a Community Needs Assessment and provide
such services and perform such tasks as delineated in the Proposal attached
hereto marked Exhibit "A" and thereby incorporated herein.
2. DATA TO BE FURNISHED TO CONTRACTOR.
The City shall assist the Contractor in securing available studies,
reports, data, records, and maps as necessary to complete the tasks outlined
in the Exhibit "A" Proposal.
3. FACILITIES.
The City shall provide such working space, equipment, furniture and
utilities as may be required for performance of said services by the Contractor
while at the City as such are available as determined by the City. Message
ktm 12/13/77
unit and long distance telephone calls are specifically not provided at the
City's cost.
4. PERSONNEL.
(a) The Contractor represents that it has, or will secure at its
own expense, all personnel required in performing the work under this Contract.
Such personnel shall not be employees of or have any contractual relationship
with the City.
(b) All of the services required hereunder will be performed by the
Contractor or under Contractor's supervision, and all personnel engaged in the
work shall be fully qualified and shall be authorized under State and local
law to perform such services.
(c) The Contractor agrees to obtain prior written consent from the
City before changing the personnel assignments outlined in the Exhibit "A"
Proposal.
(d) None of the work or services covered by this Contract shall be
subcontracted without the prior written approval of the City.
5. TIME OF PERFORMANCE & SCHEDULE.
(a) The work under this Contract shall be performed between April 6,
1977, and extended through February 28, 1978.
(b) The Contractor shall within five (5) days from the date of this
Contract and in conjunction with, and in agreement with the appropriate City
staff as well as with other parties deemed appropriate to the task by the
City and Contractor, provide a revised schedule of performance, itemizing the
work to be performed within the time period indicated above.
(c) It may become necessary from time to time to adjust the schedule
of performance to meet the needs of the Needs Assessment; however, no schedule
changes can be made without the mutual consent of both parties to this Contract
and any and all schedule changes must be authorized in writing by the City.
ktm 12/13/77 - 2 -
6. AMOUNT AND METHOD OF PAYMENT.
(a) The City agrees to pay the Contractor for the work performed
pursuant to this Contract the total sum of Nine Thousand Nine Hundred and
Seventy -Nine Dollars and Fifty Cents ($9,979.50).
(b) The following method of payment will be used in the payment of
funds to the Contractor:
(1) Upon entering into contract, the City will pay the Contractor
One Thousand Dollars ($1,000.00). so that the Contractor may begin work on
the Contract.
(2) The City will pay 800 of each invoice submitted by the
Contractor and approved by the City and will pay the remainder
(approximately 1.7.6% of the contract total) within thirty (30) days
after all work on the contract has been satisfactorily completed.and
at least one proofread copy in a form easily capable of reproduction
of all deliverables has been satisfactorily made.
(3) The Contractor will make invoices according to the following
schedule:
(aa) Upon completion of the Human Services Provider Needs
Survey, the City will pay 800 of the invoice, the invoice not
to exceed $1,000.
(bb) Upon completion of the Human Services Providers Resource
Survey, the City will pay 80% of the invoice, the invoice not
to exceed $1,500.
(cc) Upon completion of the development of a Community
Survey Instrument, the City will pay 80% of the invoice., the
invoice not to exceed $250.00.
ktm 12/13/77 - 3 -
(dd) Upon completion of the. Community Survey, the City will
pay 80% of the invoice, the invoice not to exceed $2,375.00.
(This does not preclude the possibility of additional funds
made available by sources other than the City, either through
the City or directly to the Contractor for the conduct and
analysis of the survey.)
(ee) Upon completion of the Resources Dictionary, the City
will pay 80% of the invoice, the invoice not to exceed $200.00.
(ff) Upon completion of the Functional Responsibility
Dictionary, the City will pay 80% of the invoice., the invoice
not to exceed $400.00.
(gg) Upon completion of a Needs Assessment Action Plan
(final report), the City will pay 80% of the invoice, the
invoice not to exceed $1,000.00.
(hh) Upon the Contractor's satisfactorily providing sup-
portive services to meetings and other activities of Technical
Advisory Committee, Citizens' Advisory Committee, and public
hearings, the City will pay 80% of invoices, made at various
times during the contract, the total of such invoices not to
exceed $2,300.00.
(ii) The total amount that the City will pay in response to
the above invoices is $8,220.00, including the initial payment
of $1,000.00.
(jj) Any and all changes to this method of payment may be
made only by a mutually agreed upon amendment to this Contract.
(c) In addition, from grant monies received by the City from the
California Council for the Humanities in Public Policy and the U. S. Department
of Health, Education and Welfare, the City agrees to pay the Contractor for
extra work performed pursuant to this contract and terms of
ktm 12/13/77 - 4 —
rev. 12/19/77
1
said grants, the total additional sum of Six Thousand Five Hundred Fifty Dollars
($6,550.00), which is allocated as follows:
(1) The City agrees to pay the Contractor the sum of Four Hundred
Fifty Dollars ($450.00) for liaison and support services to the academic
humanists participating in the needs assessment according to the provisions
of the grant for that purpose from the California Council for the Humanities
in Public Policy, payment to be made as services are rendered.
(2) The City will pay to the Contractor or to institutions or
organizations designated by the Contractor the sum of Four Thousand Five
Hundred Dollars ($4,500.00)* (which will be in addition to the $2,375.00
currently allocated by item 3 (dd) on page 4 of the contract), for the
successful completion of a stratified random sample of the city in
accordance with the contractual requirement of a community survey.
Payments will be made to the Contractor upon the completion of various
phases of the survey, except that monies will be advanced, if necessary,
to secure automated data processing services, as well as to obtain the
services of a survey team recruited from and by the League of Women
Voters.
(3) The City will pay to the Contractor the sum of One Thousand
Two Hundred Dollars ($1,200.00) for a needs assessment model reflecting
the City's approach to a community needs assessment, such model to be
provided to the Department of Health, Education and Welfare (DHEW) in
accordance with the provisions of the grant awarded to the City by DHEW
for that purpose. Payments to be made for final model in the amount of
Seven Hundred Dollars ($700.00). Remainder to be paid for services
*$1,500.00 from CCHPP grant made to City; and
3,000.00 from DHEW grant made to City -- as per terms of respective grants.
ktm 12/13/77 - 5 -
necessary to develop model, such as support to Technical Advisory
Committee, Human Needs Assessment Committee and other services designated
by the City's Coordinator.
(4) The City agrees to reimburse the Contractor for expenses
incurred while attending DHEW partnership grant meetings, not to exceed
One Hundred Dollars ($100.00) per meeting, including all meetings
attended to date, and not to exceed a total of Four Hundred Dollars
($400.00) ** maximum.
(d) Approved invoices will be paid by the City within thirty (30)
days of the receipt thereof.
7. TERMINATION OF CONTRACT FOR CAUSE.
In the event of termination of the Contract for cause, all finished
or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, and reports prepared by the Contractor.shall, at the option of
the City become the property of the City, and the Contractor shall be
entitled to receive just and equitable compensation for any satisfactorily
completed work on such documents and other materials. Notwithstanding the
above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the Contract by
the Contractor, and the City may withhold any payment to the Contractor for
the purpose of set -off until such time as the exact amount of damages due
the City from the Contractor is determined.
8. TERMINATION OF CONTRACT BY THE CITY.
The City may terminate this Contract at any time by giving written
notice to the Contractor of such termination and specifying the effective
date thereof, at least thirty (30) days before the effective date of such
termination. In that event, all finished or unfinished documents and other
* *These expenses to be paid from DREW grant monies.
ktm 12/13/77 - 6 -
n
materials as described in Paragraph 7 above shall, at the option of the
City, become the property of the City. If this contract is terminated by
the City as provided herein, the Contractor will be paid an amount which
bears the same ratio to the total compensation as the services actually
performed bear to the total services of the Contractor covered by this
Contract, less payments of compensation previously made; provided, however,
that the Contractor shall be reimbursed, in addition to the above payment,
for that portion of the actual costs not otherwise reimbursed under this
Contract incurred by the Contractor during the contract period which are
directly attributable to the uncompleted portion of the services covered
by this Contract. If this Contract is terminated due to the fault of the
Contractor, Paragraph 7 hereof relative to termination shall apply.
9. CHANGES.
The City may, from time to time, require the changes in the scope
of the services to be performed by the Contractor as are agreed to by the
Contractor without further amendment of this Contract; provided, however,
that any change involving an increase in the compensation to the Contractor
may be made only by written amendment to this Contract.
10. HOLD HARHLESS.
The Contractor agrees to hold the City harmless for any loss, accident
or other liability incurred as a result of the performance of this Contract.
11. ASSIGNABILITY:
The Contractor shall not assign or transfer any interest in this
Contract without the prior written consent of the City.
12. INTEREST OF CONTRACTOR.
The Contractor covenants that he presently has no interest and shall
not acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of services required to be performed under this
ktm 12/13/77
- 7 -
V
Contract. The Contractor further covenants that in the performance of this
Contract no person having any such interest shall be employed.
13. COPYRIGHT.
No reports, maps, or other documents produced in whole or in part
under this Contract shall be the subject of an application for copyright by
or on behalf of the Contractor.
14. USE OF DATA BY CONTRACTOR.
Data obtained by the Needs Assessment may be duplicated and utilized
by the Contractor, unless specifically denied him by the City, for future
activities.
15. ADDITIONAL RESOURCES.
The.Contractor is encouraged to seek outside resources from the
State or Federal governments or foundations to supplement the resources of
the effort and if such resources are found, the City may choose at its option
and in the best interest of the needs assessment to increase the amount of
this Contract.
16. GOVERNING CONSTRAINTS.
This Contract shall be governed and construed in accordance with
the laws of the State of California.
17. COMMUNICATIONS.
Notice to the parties shall, unless otherwise requested in writing,
be sent to the following addresses:
CITY: City of San Luis Obispo
HUMAN RELATIONS COMMISSION
P. 0. Box 321
San Luis Obispo, CA 93406
CONTRACTOR: MICHAEL C. ROBINSON & ASSOCIATES
P. 0. Box 8423
Los Angeles, CA 90008
ktm 12/13/77 - 8
O
All communications, written or verbal, shall be channeled through
the "Project Liaison Officer" who shall be so designated by the City Admin-
istrative Officer.
IN WITNESS WHEREOF, the parties hereto have caused this Contract
to be duly executed on the day and year first above written.
MICHAEL C. ROBINSON $ ASSOCIATES,
a private firm
Bye%
Senior Associat
Attest:
CITY OF SAN LUIS OBISPO, a municipal
corporation
By s] KENN= oo H E. "SCHWARTZ
Mayor Kenneth. E. Schwartz
Attest:
sl J. H. FITZPATRICK
City Clerk J. H. Fitzpatrick
ktm 12/13/77 9
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
Approved as to content:
City Administrativ Officer
Human Re3•at�t s Coordinator
ktm 12/13/77 - 10 -
RESOLUTION NO. 3492 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
DUENOW, BURKE $ SMITH FOR REPRESENTATION OF THE
POLICE IN AN APPEAL:OF'DISCIPLINARY ACTION BY SGT.
BARRY L. GREGORY.
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
James M. Duenow of the law firm of Duenow, Burke & Smith, for representation
of the police chief in an appeal of disciplinary action by Sgt.Barry L. Gregory,
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,.
the Personnel Director and the Chief of Police.
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:
Ci� erc J.H. Fitzpatrick
R 3492
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE $ LILLEY
City Attorney
By Allen Grimes
C
Approved as to content:
City Administrative Micer
AGREEMENT FOR PROFESSIONAL SERVICES
RE: Appeal of Barry L. Gregory
THIS AGREEMENT made this 19th day of January , 1978 ,
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 by Barry L. Gregory;
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 Sgt. Barry L. Gregory.
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 term- ination, 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.
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.r. -
8. Time is of the 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:
s) J. H. FITZPATRICK
City Clerk
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
CONTRACTOR: DUENOW, BURKE &
SMITH
M. DUENOW
CITY OF SAN LUIS OBISPO
sl KENNE -TH SCHWARTZ
By Mayor Kenneth E. Schwartz
Approved as to content:
City Administrative Vfficer
Policej;Chlef
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I
RESOLUTION NO. 3491 (19 78 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
EARTH METRICS FOR PREPARATION OF AN EIR FOR EXPANSION
11OF MISSION PLAZA.
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
Earth Metrics of Palo Alto, California, for preparation of an EIR for
expansion of Mission Plaza,
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: Earth Metrics,
Community Development Department
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 was passed and adopted this 17th day of January ,
1978.
ATTEST:
Cit erk J.H. Fitzpatrick
R 3491
Approved as to form:
WENDT, MITCHELL,, SIN
de la MOTTE & LILLEY
City Attorney
By Allen Grimes
IMER,
Approved as to content:
P
City Administrative 0 cer
0 O
AGREEMENT FOR CONSULTANT SERVICES
This Agreement, dated as of the date affixed beside the signature of the
city below, is between the City of San Luis Obispo (CITY) and Earth Metrics
(CONSULTANT), an independent contractor.
WHEREAS, the City has determined that a Consultant should be retained to
prepare environmental studies for the proposed Mission Plaza extension, including
an environmental impact report; and
WHEREAS, a selection committee as provided in Council Resolution No. 2986
has reviewed and considered the professional qualifications, experience and
expertise of Consultant and has found Consultant well qualified to perform such
services;
NOW, THEREFORE, in consideration of the conditions and terms contained in
this Agreement, City and Consultant agree as follows:.
1. Consultant agrees to do all things necessary and appropriate for the
preparation and processing of environmental studies and an environmental
impact report as described in Exhibit "A" (work scope) in accordance with
City EIR Procedures and Guidelines, as amended January 18, 1977:
2. City shall pay consultant for services performed under this Agreement as
described in Exhibit "B" (method of payment).
3. Consultant shall submit itemized invoices to the City specifying work
performed and payment due. Payment shall be due within thirty (30)
calendar days of invoice date.
4. It is the intent of the parties to complete all work in connection with
this Agreement in a timely manner. Furthermore, the parties intend that
the Consultant's obligations shall be fulfilled in accordance with the
schedule described in Exhibit "C ", unless mutually agreed extensions are
granted in writing.
5. Consultant and all of its agents, representatives, and participants in
any manner in the performance of Consultant's obligations and duties
hereunder shall be employees or independent contractors for Consultant
and shall not for any purpose be considered as employees or agents of
City. Consultant agrees to hold the City harmless and to defend the
City in any action, proceeding or hearing wherein the cause of action or
claim is based upon an allegation that any person acting on behalf of
the Consultant is an employee or agent of the City, including, without
—1—
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limitation, all actions and claims based upon contract, tort, or
statutory provisions.
6. Either party may terminate this Agreement at any time by serving written
notice upon the other party. If City terminates the Agreement, Consultant
shall be entitled to payment for the services rendered to date of
termination in accordance with the provisions of Paragraph 2 plus reason -
able costs necessarily incurred to gather and deliver all materials to
City in a usable form. If Consultant terminates the. Agreement, he shall
be entitled to all actual costs of production services to date.
7. All information, documents, and materials of all sorts in the possession
of the Consultant in connection with this Agreement shall at all times
be the property of the City and shall be delivered to City by Consultant
upon demand, whether or not Consultant's claims for payments against the
City have been satisfied.
8. The parties may request changes in the scope of work of this Agreement.
Such changes, including any increase or decrease in the amount of the
Consultant's compensation, which are mutually agreed upon by the City and
the Consultant, shall be incorporated in written amendments to this
Agreement, and no work shall be done by Consultant on a proposed amendment
until the City executes the amended Agreement.
9. For purposes of notice under this agreement, all notices shall be
considered effective upon being sent by certified mail to the following
addresses:
CITY: City of San Luis Obispo
City Clerk
P. 0. Box 321
San Luis Obispo, CA 93406
CONSULTANT: Earth Metrics
1000 Elwell Court
Suite 226
Palo Alto, CA 94303
sa
Page 3
DATED: CITY OF SAN LUIS OBISPO
ATTEST:
sj J. K FITZAATRIC::
City Clerk
APPROVED TO CONTENT:
Director oi Community Development
APPROVED AS TO FORM:
Wendt, Mitchell, insheimer, de la Motte
& Lill.ey, City At orney
t
By Allen Grimes
-3-
s( KENNETH E. SCHWARTZ
Kenneth E. ScbwP rtz, Mavor
FOR EARTH METRICS
'EXHIBIT "A" WORK SCOPE
Part 1: Environmental Assessment and Design Recommendations.
Task 1: Identification of plants and animals in project area (attached map),
adjacent to project area, and downstream from the project for a distance
that, in the judgement of Consultant, will allow reasonable analysis
of likely project impacts.
PRODUCTS: Species list of land and water plants and animals; identification of
rare or endangered species; map locating vegetation types and animal
habitats (if they can be differentiated in project area).
Task 2: Description of geologic and hydrologic setting, including:
A. Investigation of,streambed and bank general soil conditions, as they
relate to provision of habitat for species identified in Task 1
and to erosion and slope stability.
B. Investigation of stream flow characteristics (velocity, depth,
temperature and quality of water) at low water, "normal ", and
flood stages, and groundwater conditions as related to habitats and
urban uses.
C. Investigation of present drainage patterns from study area.
D. Investigation of surface water quality condition.
PRODUCTS: Written description and graphics describing results of investigation,
including plan views and sections relating water levels to other site
conditions.
Task 3: Investigation of landforms' and buildings' effects on sun and wind
exposure, related to habitats and possible human uses of the project
area.
PRODUCTS: Graphic and written description of results.
Task 4: Survey of other environmental conditions, including those not expected
to constitute significant issues (such as air quality, archaeology) or
which are the main responsibility of project architect (such as views).
PRODUCT: Brief statement of conclusions.
Task 5: Review of standards and recommendations of "responsible agencies" and
agencies with expertise in the project issues (including California
Dept..of Fish and Game, County Zone 9 Flood Control District, Army Corps
of Engineers, City Departments).
PRODUCT: General conclusions and recommendations on project design which will
address concerns of agencies.
Task 6: Additional design recommendations which, in consultant's judgment, will
protect and enhance habitat for indigenous species (for example, areas
that might have visual access only) and adjacent urban uses.
PRODUCT: Graphic and written statements.
Results of Part 1 will be made available to city in the fora of an Gil x 11"
"camera- ready" report. A -1
Part 2: Focused EIR.
Using the results of Part 1 and the project description to be supplied
by City, Consultant will prepare a focused EIR addressing these issues:
A.._ Effects on riparian.habitat, including removal of existing vegetation,
water quality, bank erosion, changes in stream flow characteristics,
and changes to diversity and numbers of plants and animals.
B. Effects on adjacent uses, including visual, privacy /exposure and
flood hazard.
C. Compatibility with community plans.
D. Brief statement on adverse impacts found to be insignificant and
justification of these conclusions.
The EIR will include a discussion.of alternatives and specific mitigation
measures incorporated by the architect or recommended by the consultant
to reduce adverse impacts. The "project" shall include all physical
modifications, changes in patterns of human use and access, and actual
construction timing and methods.
The results of Part 2 will be:
1. Rough draft EIR for review by Environmental Review Committee (ERC).
2. Draft EIR.reflecting ERC comments.
3. Final EIR incorporating responses to public comments.
Each product shall be made available to the city as one "camera- ready" copy.
ATTENDANCE AT MEETINGS: Consultant shall attend a maximum of three public meetings
or hearings to present the results of his work and answer. questions. (These
meetings are anticipated to be (1) advisory committee meeting to decide recommenda-
tion to council, (2) council meeting to decide master plan, and (3) council meeting
to certify final EIR.
A -2
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EXHIBIT "B"
METHOD OF PAYMENT
City will pay consultant a total of $7,540.00, payable as follows:
1. Upon delivery of Part 1 report to city - 40% of contract amount ($3,016.00).
2. Upon delivery of rough draft EIR to city - 40% of contract amount ($3,016.00).
3. Upon delivery of Draft EIR to city - 10% of contract amount ($754.00).
4. Acceptance by the city of the final EIR - 10% of contract amount ($754.00).
EXHIBIT "C"
SCHEDULE
1. Delivery of Part 1 report to city - 35 days after authorization to proceed.
2. Delivery of rough draft EIR to city - 26 days after delivery of project
description to consultant.
3. Delivery of Draft EIR, to city - 10 days after delivery of city comments to
consultant.
4. Delivery of Final EIR to city - 12 days after all written comments delivered
to consultant.
(All intervals are in calendar days).
B -1