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Home My WebLink About3550-3599RESOLUTION No. 3599 (1978.Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF INTENTION TO ADOPT A -!AGE AND FRINGE BENEFIT PACKAGE FOR CERTAIN FIREFIGHTER ASSOCIATION PERSONNEL WITHOUT A FORMAL MEMORANDUM OF UNDERSTANDING WHEREAS, City and Firefighter Association representatives have been meeting regularly for the past several weeks in an attempt to agree upon a Memorandum of Understanding concerning a wage and fringe benefit package for certain Firefighter Association Personnel for the year 1978 -79, all to no avail;'and WHEREAS; this Council finds it in the interest of the public and of Fire Department Personnel themselves to establish such wages and benefits no later than July 11; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: I Pursuant to the Provisions of Section 9 of the Employer- Employee Relations Resolution (No. 3405), the Council hereby gives notice that it intends at its meeting of July 11, 1978 to adopt a resolution establishing wages and fringe benefits for certain Firefighter Association Personnel for the year 1978 -79 without first entering into a formal Memorandum of. Understanding. Said wage and benefit package is proposed as set.forth upon Exhibit "A attached hereto and incorporated herein. wherever Exhibit "A" refers to memoranda of understanding, it shall mean a statement of Council action to grant such benefits unilaterally. On motion of Councilman_Petterson, seconded by Councilman Settle and on the following roll call mote: AYES: Councilmen.Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution is passed and adopted this 26th day of June, 1978. R 3599 Resoliution No. 3599 ATTEST: U (1978 Series) C' 1&4f- .H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SIN de la MOTTE & LILLEY City Atttorney 0 By Allen Grimes Approved as to content: City Administrative Nfi cer Personnel Direc r a EXHIBIT "A" ME140RANDMI OF UNDERSTANDING Between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO FIREFIGHTER'S ASSOCIATION MEMORANDUM OF UNDERSTANDING ARTICLE I - GENERAL PROVISIONS A. Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Resolution No. 3405 of the City of San Luis Obispo, which Resolution is hereby incorporated by reference as if fully set forth herein, and has been executed by the Administrative Officer on behalf of Management officials of the City and by the San Luis Obispo Firefighter's Association (SLOFA)1 on behalf of employees occupying the line item full -time employment position classifications set forth in Appendix A. B. City Council Approval It is the mutual understanding of ail the parties hereto that this MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo. C. Full Understanding, Modification and Waiver The parties agree that each party has had full and unrestricted right and opportunity to make, advance and discuss all matters within the scope of representation as outlined in Section 7 of Resolution No. 3405. This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement. D. Purpose The parties agree that the purpose of this MOU is to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by SLOFA. E. Recognition The San Luis Obispo Firefighter's Association is hereby acknowledged as the majority representative for the regular and probationary employees occupying the position classifications set forth in Appendix A pursuant to Section 10A of Resolution No.340`. F. Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to, in good faith, negotiate for the purpose of replacing any such invalid or illegal provision. G. Freezing of Wages and Fringe Benefits If the California State Legislation enacts, and the Governor signs legislation requiring the City of San Luis Obispo to limit or restrict wages, and, or, fringe benefits, in order for the City to be eligible for replacement of property taxes lost as a result of the passage of Proposition 13, any such increases in salary or fringe benefits set forth in this Memorandum.shall not take effect until such restrictions are lifted. If such limitation or restriction should go into effect, loth parties agree to reopen the meet and confer process to discuss various non -cost The official title is "San Luis Obispo Firemen's Association." The term items_ "Firefighter's" is used in this MOU to be consistent with the City's position SLOFA' on Affirmative Action. ARTICLE II - DIRECT PAY FOR SERVICES A. Rules Governing Step Increases The rules governing step increases for employees covered by this MOU are included in the current Salary Resolution with the following modification: The Fire Chief shall be authorized to re- evaluate employees who reach step 5 in their pay range after July 1, 1977. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the Fire Chief deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. B. Wage Scales Each salary range consists to five steps (l through.5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest two dollars. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 In order to establish step 5 of each successive salary-range as being 2.63% above the next lower range, the adjusted salary ranges are listed in appendix R.. Effective July 1, 1978, step 5 of range 19 shall be increased 4.96% above that salary listed in appendix B with step 5 of each successively higher range becoming 2.63% above.step 5 of the next lower salary range, rounded off to the nearest $2.00. These ranges are listed in appendix C, C. Next Year's Meet and Confer It is agreed that both parties to this MOU shall agree by December 31, 1978 on a list of public agencies whose salary and benefit data shall be used as a guide in next year's Meet and Confer sessions. D. Overtime 1. Firefighters, Fire Engineers, and Fire Captains shall receive overtime pay at straight time for non - emergency purposes when in excess of regularly scheduled shifts. 2. Fire Battalion Chiefs, the Fire Marshal and the Training Captain shall not be eligible for overtime pay. However, the Fire Chief may grant employees in these classifications occasional compensating time off (CTO). There shall be no formal accounting of or cash payoff at termination for such CTO. 3. Non -sworn personnel shall receive overtime pay at time- and- one -half for all hours worked in excess of forty (40) hours per week unless they elect to take compensating time off at straight time. SLOFA 7/78 2 4. All overtime shall be authorized in.writing by the Fire Chief prior to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. E. Emergency Call Back Sworn personnel called back for emergencies involving actual firefighting shall be paid on a straight time basis with a four hour minimum guarantee. F. Fire Inspectors Firefighters or Fire Engineers may be assigned after competitive examination as Fire Inspectors. Fire Inspectors shall be paid at the Fire Engineer salary range. The Fire Chief may assign after competitive examination one Fire Inspector/ Arson Investigator to be compensated at the 28F salary range. These appointments shall be made for an indefinite time period based on job performance and aptitude. G. Training Officer The Fire Chief may assign after competitive examination one Fire Captain as Training Officer based on job performance and aptitude for the position for an indefinite period of time. The selection process for this position will be determined jointly by the Fire Chief and the Personnel Director. The Training Officer shall receive one step (5.26%) for the duration of such appointment. S. Mutual Aid "Combat Type" Employees assigned to mutual aid "combat type" situations and who are actually engaged in such situations (not merely standby or acting as back up) shall be paid an extra half hour's pay for each hour worked even though they are working as part of their regular work schedule. .I. Standby Employees below the rank of Fire Marshal on standby shall be compensated one hour's pay for each eight hour incident with a minimum of two hours straight time pay for each assigned standby period. SLOFA 7/78 3 C) 4 J. Work Out Of Grade Employees temporarily assigned to work in a higher classification will receive one step additional pay but in not case more than the top step for the higher classification under the following conditions: 1. The assignment exceeds ten consecutive work days, or 5 consecutive shifts for all shift employees, in which case the step increase becomes effective on the eleventh work day or the 6th shift. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. ARTICLE III - FRINGE BENEFITS A. B. C is SLOFA 7/78 Health Insurance The City agree to contribute $81.47 pe this agreement to be spent, first, on Mutual medical insurance group plan or organization and, second, on dependent health or disability plans. Retirement r month for all employees covered by employee coverage under the Pacific a licensed health maintenance coverage or on City - approved The City agrees to provide the Public Employees' Retirement System's 4 at age 55 plan to all sworn personnel and the 2% at age 60 plan to all non -sworn personnel. The � at age 55 plan includes two amendments, namely, beneficiary's half -pay continuance and conversion of unused sick leave to additional retirement credit. Vacation Leave Vacation leave is governed by Section 2708.7 of the municipal code. Effective July 1, 1979, there will be no accrual of vacation leave to employees with 25 accrued days or the shift equivalent of 280 hours. Holidays The following days of each year are designated at paid holidays: January 1 - New - Year's Day February 12 - Lincoln's Birthday Third Monday In February - Washington's Birthday Last Monday In May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 - Admission Day Fourth Monday in October - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 = Christmas State Election Day Federal Election Day When a holiday falls on a. Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. All employees on shift duty shall receive 11.2 hours holiday leave per month. Subject to the prior approval of the Fire Chief or his designated representative; each employee has the option of taking this time off during the calendar quarter in which it is earned or being paid at straight time for any unused holiday leave, to be disbursed at the end of each calendar quarter. Empioyees are responsible for scheduling such time off in advance. E. Sick Leave Sick leave is governed by section 2708.5 of the municipal code. Upon termination of employment by death or retirement, a percentage of the dollar value of the employees' accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: a) Death -.25% b) Retirement and actual commencement of PERS benefits 1) After ten years of continuous employment - 10% 2) After twenty years of continuous employment - 15% F. Workers Compensation Leave Any employee who is absent from duty because of on- the -job- injury in accordance with state workers compensation law and is not eligible for disability payments under labor code section 4850 shall.be paid the difference between his base salary and the amount provided by workers compensation law during the first 30 days of such di$abilitt absence. The only position currently eligible for this benefit isthye Fire Vehicle Mechanic. G. Uniform Allowance Each employee shall receive an annual allowance of $136, paid quarterly. This allowance shall not be paid for any employee who is off duty due to a job related injury at the start of any calendar quarter. If the employee returns to work during that quarter, his/her uniform allowance will be prorated. This figure equals 10% of the monthly fifth step for Firefighter. H. Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Fire Marshal. 1. Basic Benefits. Educational incentive pay shall not start for one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of one -half step for possession-'of an A.A. or equivalent degree from an accredited community or junior college; and one full step for a B.A. or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed two half- steps. SLOFA 7/78 5 il C, ID 2. Job Related Fields. Degrees must be in directly job related fields and if not, at least 30 semester units leading toward the appropriate degree with a grade of "C" of better must be included. 3. Application and Approval. Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head and the Administrative.Officer shall be required. 4. Unsatisfactory Performance., In the event an employee receiving the incentive pay is not performing up to the established standards set for the job, the.department head with the concurrence of the Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in.the opinion of the department head and concurred in by the Administrative Officer. 5. Non - Applicability. It is the City's intention not to pay the educational incentive for any degree which is required or listed as a desired qualification for the position held by the employee. Educational . incentives shall not-be paid for education received on City time. The education incentive shall be removed if the employee is promoted to a position which does not entitle employees to such incentive. 6. Tuition and Books_ It an employee holds a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job related courses upon satisfactory completion of same with 'a grade of "C" or better. I. Deferred Compensation The Battalion Chiefs and Fire Marshal shall be allowed to participate in the City's deferred compensation plan. J. Management Benefit Employees filling those positions defined in Appendix A as "Management" shall receive $25,000 term life insurance and a long -term disability insurance plan for recognition of their management responsibilities. ARTICLE IV_- SPECIAL PROVISIONS A. "Y" Rating An employee who is not performing up to established job standards may be "Y" rated, freezing his salary until such time as there is an improved job performance. The.department head shall give 60 days written notice to any employee he intends to "Y" rate, giving the employee an opportunity to correct any deficiencies.. A "Y" rated employee would receive neither step increases nor salary increases granted by the City Council in an MOU or resolution. The "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. SLOFA 7/78 c1 7 O B. Payday Employees shall be paid the first and sixteenth of:each month. When a regular payday falls on a Saturday or Sunday, employees will be paid on the preceding Friday whenever possible. C. Paychecks Prior to Vacation If an employee is taking,vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time coming to cover the pay period. D. work week Employees working shifts shall work a 56 -hour work week on a regularly scheduled basis. APPENDIX A (3) Fire Battalion Chief (10) Fire Captain (10) Fire Engineer (15) Firefighter (1) Fire Marshal /Battalion Chief * (1) Fire Vehicle Mechanic *Management employees APPENDIX B Range Step 5 Amount 19 F 1,230. 20 F 1,262. 21 F 1,296. 22 F 1,330. 23 F 1,364. 24 F 1,400. 25 F 1,436. 26 F 1,474. 27 F 1,512. 28 F 1,552.. 29F 1,592. 30F 1,634. 31F 1,676. 32 F 1,720. 33F 1,766. Fire cl1 ~' APPENDIX "C" SALARY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 r QANGE 19F 1052.00 1108.00 1166.00 1228.00 1292.00 20F 1082.00 1138.00 1198.00 1[60.00 1326.00 2 1 F 1108.00 1166.00 1228. 00 1292.CC 1360.CC 22F 1138.00 1`198.00 1260.00 1326.00 1396.00 23F 1166.00 1228.00 1292.00 1360.00 1432.00 24F 1198.00 1260.00 1326.CC 1396. C0 1470.00 25F 1228.00 1292.00 1360.00 1432.00 .1.508.00 26F 1260.00 1.326.00 1396.00 1470.00 1548.00 27F 1292.00 1360.00 1432.00 1508.00 1588.CC 28F 1326.CC 1396.CC 1470.00 1548.00 1b30.00 29F 1360.00 1432.00 1508.00 1588.00 1672.00 30F 1396.00 1470.00 1548.00 1630.00 1716.00 31F 1434.0.0 1510.00 1590.00 1674.00 1762.00 32F 1472.00 1550.00 1632.00 1718.00 1808.00 33F 1512.00 1592.00 1676.00 1764.00 1856.00 34F 1550.-CO 1632.00 1718.CC 1808.00 1904.00 '35F 1592.00 1676.00 1764.00 1856.00 1954.00 36F 1634.00 1720.00 1810.00 1906.00 2006.00 37F 1678.00 1766.CC 1858.00 1956.06 2058.00 38F 1720.10 1810.00 1906.00 2006.00 2112.00 39F 1763.00 1860.00 1958.00 2060.00 2168.00 EXHIBIT "A" MEMORANDUM OF UNDERSTANDING Between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO FIREFIGHTER'S ASSOCIATION C: MEMORANDUM OF UNDERSTANDING G ARTICLE I GENERAL PROVISIONS .A. Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Resolution No. 3405 of the City of San Luis Obispo, which Resolution is hereby incorporated by reference as if fully set forth herein, and has been executed by the Administrative Officer on behalf of Management officials of the City and by the San Luis Obispo Firefighter's Association (SLOFA); on behalf of employees occupying the line item full -time employment position classifications set forth in Appendix A. B. City Council Approval It is the mutual understanding of all the parties hereto that this MOU is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo. C. Full Understanding, Modification and Waiver The parties agree that each party has had full and unrestricted right and opportunity to make, advance and discuss all matters within the scope of representation as outlined in Section 7 of:Resolution No. 3405. This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement. D. Purpose The parties agree that the purpose of this MOU is to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by SLOFA. E. Recognition The San Luis Obispo Firefighter's Association is representative for the regular and probationary classifications set forth in Appendix A pursuant F. Validity of Memorandum of Understanding hereby acknowledged as the majority employees occupying the position to Section 10A of Resolution No.340. If any provision of this MOU is determined to be invalid or illegal by a court . of competent jurisdiction, then such provision shall be severed from this MOU, but the remainder hereof shall remain in full force and effect. The parties hereto shall immediately commence to, in good faith, negotiate:for the purpose of replacing any such invalid or illegal provision. G. Freezing of Wages and Fringe Benefits If the California State Legislation enacts, and the Governor signs legislation requiring the City of San Luis Obispo to limit or restrict wages, and, or, fringe benefits, in order for the City to be eligible for replacement of pronertv'taxes lost as a result of the passage of Proposition 13, any such increases in salary or fringe benefits set forth in this Memorandum shall not take effect until such restrictions are lifted. If such limitation or restriction should go into effect, }both parties agree to reopen the meet and confer process to discuss various non -cost The official title is "San Luis Obispo Firemen's Association." The term items "Firefighter's" is used in this MOU to be consistent with the City's position SLOFA on Affirmative Action. ARTICLE II - DIRECT'PAY FOR SERVICES A. Rules Governing Step Increases The rules governing step increases for employees covered by this MOU are included in the current Salary Resolution with the following modification: The Fire Chief shall be authorized to re- evaluate employees who reach step 5 in their pay range after July 1, 1977. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall.then become effective. The fifth step may be reinstated at any time upon recommendation of the department head. If the Fire Chief deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. B. Wage Scales Each salary range consists to five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest two dollars. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step. 1 = 95% of Step 2 In order to establish step 5 of each successive salary-range as being 2.63% above the next lower range, the adjusted salary ranges are listed in appendix B.. Effective July 1, 1978; step 5 of range 19 shall be increased 4.96% above that salary listed in appendix B with step 5 of each successively higher range becoming 2.63% above step 5 of the next lower salary range, rounded off to the nearest $2.00. These ranges are listed in appendix C. C. Next Year's Meet and Confer It is agreed that both parties to this MOU shall agree by December 31, 1978 on a list of public agencies whose salary and benefit data shall be used as a guide in next year's Meet and Confer sessions. D. Overtime 1. Firefighters, Fire Engineers, and Fire Captains shall.receive overtime pay at straight time for non - emergency purposes when in excess of regularly scheduled shifts. 2. Fire Battalion Chiefs, the Fire Marshal and the Training Captain shall not be eligible for overtime pay. However, the Fire Chief may grant employees in these classifications occasional.compensating time off (CTO). There shall be no formal accounting of or cash payoff at termination for such CTO. 3. Non -sworn personnel shall receive overtime pay at time- and - one -half for all hours worked in excess of forty (40) hours per week unless they elect to take compensating time off at straight time. SLOFA 7/78 2 4. All overtime shall be authorized in writing by the Fire Chief prior to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. E. Emergency Call Back Sworn personnel called back for emergencies involving actual firefighting shall be paid on a straight time basis with a four hour minimum guarantee. F. Fire Inspectors Firefighters or Fire Engineers may be assigned after competitive examination as Fire Inspectors. Fire Inspectors shall be paid at the Fire Engineer salary range. The Fire Chief may assign after competitive examination one Fire Inspector/ Arson Investigator to be compensated at the 28F salary range. These appointments shall be made for an indefinite time period based on job performance and aptitude. G. Training Officer The Fire Chief may assign after competitive examination one Fire Captain as Training Officer based on job performance and aptitude for the position for an indefinite period.of time. The selection process for this position will be determined jointly by the Fire Chief and the Personnel Director. The Training Officer shall receive one step (5.261) foi the duration of such appointment. U. Mutual Aid "Combat Type" Employees assigned to mutual aid "combat type" situations and who are actually engaged in such situations (not merely standby or acting as back up) shall be paid an extra half hour's pay for each hour worked even though they are working as part of their regular work schedule. I. Standby Employees below the rank of Fire Marshal on standby shall be compensated one hour's pay for each eight hour incident with a minimum of two hours straight time pay for each assigned standby period. SLOFA 7/78 93 Cj4 J. Work Out Of Grade Employees temporarily assigned to work in a higher classification will receive one step additional pay but in not case more than the top step for the higher classification under the following conditions: 1. The assignment exceeds ten consecutive work days, or 5 consecutive shifts for all shift employees, in which case the step increase becomes effective on the eleventh work day or the 6th shift. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an examination is pending. ARTICLE III - FRINGE BENEFITS A. Health Insurance The City agree to contribute $81.47 per month for all employees covered by this agreement to be spent, first, on employee coverage under the Pacific Mutual medical insurance group plan or a licensed health maintenance organization and, second, on dependent coverage or on City - approved health or disability plans. B. Retirement The City agrees to provide the Public Employees' Retirement System's � at age 55 plan to all sworn personnel and the 2% at age 60 plan to all non -sworn personnel. The � at age 55 plan includes two amendments, namely, beneficiary's half -pay continuance and conversion of unused sick leave to additional retirement credit. C. Vacation Leave Vacation leave is governed by Section 2708.7,of the municipal code. Effective July 1, 1979, there will be no accrual of vacation leave to employees with 25 accrued days or the shift equivalent,of 280 hours. D. Holidays The following days of each year are designated at-paid holidays: January 1 - New Year's Day February 12 - Lincoln's Birthday Third Monday In February = Washington's Birthday Last Monday In May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 Admission Day Fourth Monday in October --Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas State Election Day Federal Election Day SLOFA 7/78 When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. All employees on shift duty shall receive 11.2 hours holiday leave per month.. Subject to the prior approval of the Fire Chief or his designated representative, each employee has the option of taking this time off during the calendar quarter in which it is earned or being paid at straight time for any unused holiday leave, to be disbursed at the end of each calendar quarter. Employees are responsible for scheduling such time off in advance. E. Sick Leave Sick leave is governed by section 2708.5 of the municipal code. Upon termination of employment by death or retirement, a percentage of the dollar value of the employees' accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: a) Death - 25$ b) Retirement and actual commencement of PERS benefits . 1) After ten years of continuous employment - 10% 2) After twenty years of continuous employment - 15% F. Workers Compensation Leave Any employee who is absent from duty because of on -the -job- injury in accordance with state workers compensation law and is not eligible for disability payments under labor code section 4850 shall be paid the difference between his base salary and the amount provided by workers compensation law during the first 30 da s of such di$abilitt absence. The only position currently eligible for this benefit isthye Fire Vehicle Mechanic. G. Uniform Allowance Each employee shall receive an annual allowance of $136, paid quarterly. This allowance shall not be paid for any employee who is off duty due to a job related injury at the start of any calendar quarter.. If the employee returns to work during that quarter, his/her. uniform allowance will be prorated: This figure equals 10% of the monthly fifth step for Firefighter. H. Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Fire Marshal. 1. Basic Benefits. Educational incentive pay shall not start for one year after employment with the City of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of one -half step for possession of an A.A. or equivalent degree from an accredited community or junior college; and one full step for a B.A. or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed two half- steps. SLOFA 7/78 5 2. Job-Related Fields. Degrees must be in directly job related fields .and if not, at least .30 semester units leading toward the appropriate degree with a grade of "C" of better must be included. 3: Application and Approval: Application for the incentive pay shall be made by the employee to the department head at least 30 days before the date the payment of the incentive pay is to be effective. Approval of the department head and the Administrative Officer shall be required.. 4. Unsatisfactory.Performance. In the event an employee receiving the incentive pay is not performing up to the established standards set for the job, the department head.with the concurrence of the Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in.the opinion of the department head and concurred in by the Administrative Officer. 5. Non - Applicability. It is the City's intention not to pay the educational incentive for any degree which is required or listed as a desired qualification for the position held by the employee. Educational incentives shall not be paid for education received on City time. The education incentive shall be removed if the employee is promoted to a position which does not entitle employees to such incentive. 6. Tuition and Books. It an employee holds a position which does not qualify him.for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job related courses upon satisfactory completion of same with a grade of "C" or better. I. Deferred Compensation The Battalion Chiefs and Fire Marshal shall be allowed to participate in the City's deferred compensation plan. J. Management Benefit Employees filling those positions defined in Appendix A as "Management" shall receive $25,000 term life insurance and a long -term disability insurance plan for recognition of their management responsibilities. ARTICLE IV - SPECIAL PROVISIONS A. ''Y'' Rating An employee who is not performing up to established fob standards may be "Y" rated, freezing his salary until such time as there is an improved job performance. The.department head shall give 60 days written notice to any employee he intends to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" rated employee would receive . neither step increases nor salary increases granted by the City Council in an MOU or resolution. The "Y" rating procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. SLOFA 7/78 6 0 0: B. Payday Employees shall be paid the first and sixteenth of,each month. When a regular payday falls on a Saturday or Sunday, employees will be paid on the preceding Friday whenever possible. C. Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time coming to cover the pay period. D. Work Week Employees working shifts shall work a 56 -hour work week on a regularly scheduled basis. APPENDIX A (3) Fire Battalion Chief (10) Fire Captain (10) Fire Engineer (15) Firefighter (1) Fire Marshal /Battalion Chief (1) Fire Vehicle Mechanic *Management employees 0 O APPENDIX B Range Step 5 Amount 19 F 1,230. 20 F 1,262. 21 F 12296. 22 F 1,330. 23 F 1,364. 24 F 1,400. 25 F 1,436. 26 F 1,474. 27 F . 1,512. 28 F 1,552. 29 F 1,592. 30F 1,634. 31.9 1,676. 32 F 1,720. 33 F 1,766. Fire APPENDIX "C" SALARY STEP L' STEP 2 STEP 3 RANGE I f. STEP 4 STEP 5 19F 1052.00 1108.00 1166.00 1228.00 1292.00 20F 1082.00 1138.00 119:3.00 1[60.00 1326.00 21F 1108.00 1166.00 1228.00 1292.00 1360.0 22F 1138.00 1198.00 1260.00 1.326.00 1396.00 23F 1166.00 1228.00 1292.00 1360.00 1432.00 24F 1198.00 1260.00 1326. CC 1396. C0 1470.00 25F 1228.00 1292.00 1360.00 1.432.00 1508.00 26F 1260.00 1326.00 1396.00 1470.00 1548.00 27F 1292.00 1360.00 1432.00 1598.00 1588.00 28F 1326.00 1396.00 1470.00 1548.00 1630.00 29F 1360.00 1432.00 1508.00 1588.00 1672.00 30F 1396.00 1470.00 1548.00 1630.00 1716.00. 31F 1434.00 1510.CC 1590.00 1674.00 1762.00 32F 1472.00 1550.00 1632.00 1718.00 1808.00 33F 1512.00 1592.00 1676.00 1764.00 1856.00 34F 1550.CC 1632.00 1718.00 1808.00 1904.00 35F 1592.00 1676.00 1764.00 1856.00 1954.00 36F 1634.00 1720.00 1810.00 1906.00 2006.00 37F 1678.00 1766.00 1858.CC 1S56.CC 2058.00 38F 1720.00 1810.00 1906.00 2006.00 2112.00 39F 1763.00 1860.00 1958.00 2060.00 2168.00 14 n J �J RESOLUTION No. 3598 (1978 Series) A. RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GIVING NOTICE OF INTENTION TO ADOPT A [SAGE AND FRINGE BENEFIT PACKAGE FOR CERTAIN GENERAL CITY EMPLOYEES WITHOUT A FOR21AL MEMORANDUM OF UNDERSTANDING. WHEREAS, City and City Employees' Association representatives have been meeting regularly for the past several.weeks in an attempt to agree upon a Memorandum of Understanding concerning a wage and fringe benefit package for certain city employees for the year 1978 -79, all to no avail; and WHEREAS, this Council finds it in the interest of the public and of city personnel themselves to establish such wages and benefits no later than July 11; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Pursuant to the Provisions of Section 9 of the Employer- Employee Relations Resolution (No. 3405), the Council hereby gives notice that it intends at its meeting of July 11, 1978, to adopt a resolution establishing wages and fringe benefits for certain city employees for the year 1918 -79 without first entering into a formal Memorandum of Understanding. Said wage and benefit package.is proposed as set forth upon Exhibit "A ", attached hereto and incorporated herein. Wherever Exhibit "A" refers to memoranda of understanding, it-shall mean a statement of Council action to grant such benefits unilaterally. 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 is passed and adopted this 26th day of June 1978. R 3598 0 Resolution No. 3598 ATTEST: (1978 Series) Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes City AdministratiN Officer Personnel Directo EXHIBIT "A" MEMORANDUM OF UNDERSTANDING between CITY OF SAN LUIS OBISPO. and SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION 1978 -79 CMEMORANDUM OF UNDERSTANDING ARTICLE I = .GENERAL PROVISIONS A. Parties to Memorandum This Memorandum of.Understanding (MOU) has been.prepared pursuant to the terms of Resolution No. 3405 of the City of San Luis Obispo, which Resolution.is hereby incorporated by reference as if fully set forth here., and has been executed by the Administrative Officer on behalf of Management officials of the City and by the San Luis Obispo City Employees' Association ( SLOCEA), on behalf of employees occupying the line item full -time employment position classifications set forth in Appendix A. B. City Council Approval It is the mutual understanding of all the parties hereto that this MOU is- of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of San Luis Obispo. C. Full Understanding, Modification and Waiver The parties agree that each party has had full and unrestricted right and opportunity to make, advance and discuss all matters within the scope-of representation as outlined in Section 7 of Resolution No. 3405. This MOU constitutes the full and complete agreement of the parties and there are no others, oral or written, except as specified in this agreement. D. Purpose The parties agree that the purpose of this MOU is to promote and provide harmonious relations, cooperation and understanding between the City and the employees covered herein and to set forth the full agreements the parties reached as a result of meeting and conferring in good faith regarding matters within the scope of representation for employees represented by SLOCEA. E. Recognition The.San Luis Obispo City Employees' Association is hereby acknowledged as the majority representative for the regular and probationary employees occupying the position classifications set forth in Appendix A pursuant to Section 10A of Resolution No. 3405. F. Validity of Memorandum of Understanding If any provision of this MOU is determined to be invalid or illegal by a court of competent jurisdication, then such provision shall be severed from this MOU,.but the remainder hereof shall remain in full force and effect.. The parties hereto shall immediately commence to, in good faith, negotiate for the.purpose of replacing any such invalid of illegal provision. G. Freezing of Wages.and Fringe Benefits If the California State Legislature enacts, and the Governor signs legislation requiring the City of San Luis Obispo to_limit or restrict wages and, or, fringe_ benefits in order for the City to be eligible for replacement of property taxes lost as.a result of the passage of Proposition 13, any such increases in salary or fringe benefits set forth in this Memorandum shall not.take'effect until such restrictions are lifted. SLOCEA 7/78 2 ARTICLE, II - DIRECTCY.FOR SERVICE, A. Rules Governing Step Increases The rules governing step increases for employees covered by this agreement are included in the current Salary.Resolution with the following modification. Each department head shall be authorized periodically to re- evaluate employees at step 5. An employee who is not performing up to established job stafidards for the fifth step shall be notified in writing that the department head intends to reduce him one-step unless his job performance improves significantly within a 60 -day period. If the employee's job performance.does not improve to the desired level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be ,reinstated, at any time upon recommendation of the department head. If the department head deems it necessary to again remove the fifth step during the same fiscal year, he may make the change at any time with three business days written notice. B. Wage Scales Each salary.range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed.to the nearest two dollars. Step 4 95% of Step 5 Step 3 950 of Step 4 Step 2 95% of Step 3 Step 1 95% of Step 2 In order to establish-step 5 of each successive salary range as being 2.63% above the next lower range, the adjusted salary ranges are listed in appendix A. Effective July 1, 1978, step 5 of range 1 shall be increased 5.0,4% above that salary listed in appendix B with step 5 of each successively higher range.becomng 2.63% above step 5 of the next lower salary range, rounded off to the nearest $2.00. These ranges are listed in appendix C. C. Next Year's Meet and Confer Sessions It is agreed that both patties to this MOU shall agree by March 1, 1979 on a list of public agencies whose salary and.benefit data shall be used as a guide in deliberations in next year's Meet and Confer Sessions. Both parties shall also endeavor to agree on a list of benchmark classifica- tions to:be included in such a survey. D. All employees covered by this agreement are eligible for overtime pay at time- and - one -half computed at their base rate for all hours worked in excess of forty (40) hours per week including holidays',. vacation and sick leave except for the following classes, except as otherwise provided in this article. Accountant Administrative Assistant /Public Services Building and Parks Maintenance Superintendent Building Inspector Chief Building Inspector Engineering Associate Parks. Maintenance Supervisor SLOCEA 7%78 3 i Plan Check En ineer Planning Assistant Recreation Supervisor Senior Planner Street Superintendent Supervisory Heavy Equipment Mechanic Utilities Engineer /Superintendent Utilities Maintenance Supervisor, Utility Plant Supervisor_ Water Supply Supervisor Each department head may grant employees in these classifications occasional compensating time off _(CTO) not exceeding one day at a time in excess of their regular schedule. There shall_ be no formal accounting of or cash payoff at termination for.such CTO. 2. Ali overtime shall be authorized in writing.by the department head prior to being compensated. .3. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. E. Emergency Call Back Off -duty employees called to respond to an emergency shall receive either four hours payment at straight time or the actual time worked.at time - and- one -half; whichever is greater.. F.. Standby Employees on one -week standby shall receive five (5) hours pay at time - and -one half. Employees on standby for shorter-periods shall receive one (1) hour of pay at time- and -one =half for.each 24 hour period, rounded to the nearest 24 hours. Each standby employee shall receive an additional four (4) hours pay at .straight time or.one half =day compensating time off for each holiday listed in Article III C employee is on standby. If the standby employee is called out, time worked shall be paid at time- and - one -half calculated to the nearest quarter hour. G. Non - Emergency Pre- Planned Call Back Employees in the Utilities Division working emergency pre - planned call back involving work in excess of forty (40) hours a week including holidays, vacation, and sick leave between 6:00 PM and 7:00 AM, shall be paid a minimum of four (4) hours at time - and- one -half. H. Longevity Each employee shall be paid an additional one percent (1%) of his base salary step following ten years of 'continuous full -time service with the City. An additional one percent (1. %) of base salary will be added for each.subsequent five year period, calculated to the nearest two dollars.($2.00). In the event an employee receiving longevity pay is not performing up to the established standards set for the job, the department head with the concurrence of the.City Administrative Officer, may suspend payment of the longevity pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the City Administrative Officer. SLOCEA 7/78 4 The department h,"d shall notify the employee in ::siting that he intends to suspend the longevity pay unless the employee's job performance improves significantly within a 60 -day period. If the employee's job performance does not improve to the desired level by the end of 60.days, the pay reduction shall then become effective. Longevity pay may be reinstated at any time upon recommendation of the department head. If the department head deems it necessary to again remove longevity pay during the same fiscal year, he may make the change.at any time with three business days .written notice. . I. .Work Out Of Grade Employees temporarily assigned to work in a higher classification shall . receive one step additional pay but in no case more than the top step for the higher classification under the following conditions. 1. The assignment exceeds ten consecutive work days, in which case the step increase becomes effective on the eleventh work day. 2.- The person being temporarily replaced is on extended sick or disability leave or the position in vacant and an examination is pending, ARTICLE III - FRINGE BENEFITS A. Health Insurance The City agrees to contribute $81.47 per month for all employees covered.by this MOU to be spent, first,.on employee coverage under the Pacific Mutual medical insurance .group or a licensed health maintenance organization, and second, on dependent coverage, or on City- approved health or disability plans. The City shall contribute $82.07 per month for Police Department personnel to cover added life insurance benefits. B. Retirement The City agrees to provide the Public Employees' Retirement System's 2% at age.60 plan to all eligible employees including the amendment permitting conversion of unused sick leave to additional retirement credit and the. 1959 survivor's benefit. C. Vacation Leave Vacation leave is governed by section 2708.7 of the municipal code. Vacation leave shall be accrued as earned each payroll period up to a maximum of 25 days. D. Holidays The following days of each year are designated at paid holidays: January 1 - New Year's Day February 12 - Lincoln's Birthday Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day . First Monday in September Labor Day September 9 - Admissions Day Fourth Monday in October - Veteran's Day Fourth Thursday in November- Thanksgiving Day Friday After Thanksgiving December 25 - Christmas SLOCEA 7/78 State Elect' Jay v 5 Federal ElecfZon Day When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on Sunday, the follow - g. Monday shall be'observed. Employees working.on a holiday shall be paid on a straight time basis if the.total holiday hours and hours worked.that week do not exceed, 40 hours. E. Sick Leave Sick -leave is governed by section 2708.5 of the municipal code. An employee may take up to 3 days per year of sick leave if required to be away from the job to personally care fora member of their immediate family as-defined in section 2708.5. Upon termination of employment by death or retirement, .a percentage of the dollar value of the employees' 'accumulated sick leave -will be paid to the employee, or the designated beneficiary.or beneficiaries according to the following schedule: a) Death - 25% b) Retirement and actual commencement of PERS benefits 1) After ten years of continuous employment - 10% 2) After twenty years of continuous employment _ TS% F. Workers Compensation Leave Any employee who is'absent from duty because of on -the- job - .injury in.. accordance with state workers compensation law and is not eligible for disability payments under labor code section 4850 shall be paid the difference between his base salary and the amount provided by workers compensation. law during the first 30 business days of such disability absence. G. Uniform Allowance 1, The Secretaries and Clerk Typists in the Police Department shal l receive an. annual uniform allowance which equals.15% of the monthly fifth step for Police officer, rounded off to the nearest $2.00, plus $50:' 2. The Secretary II in the Fire Department shall receive an annual uniform allowance which equals 10% of the monthly fifth step for Firefighter. The Secretary III in that department shall receive an allowance which equals 2% of the monthly fifth .step for Firefighter: Both rates shall be rounded off to the'nearest $2.00 and paid semi - annually. 3. This allowance shall not be paid for any employee who is off duty due to a job related injury at the start of any calendar quarter. If the employee returns to work.during that quarter, his/her . uniform allowance will be prorated. SLOCEA 7/18 4. All other employees required to wear City uniforms shall be provided three clean.uniforms a week. A uniforms includes either one shirt and pants combination or one pair of coveralls. The Personnel Director shall authorize any modification in the current number and type of uniforms provided. 5. Uniforms and work shoes shall only be used on City business. H. .Educational Incentive The City agrees to establish an educational incentive pay plan. Incentive pay benefits will be available to those below the rank of Human Relations Assistant (Administration); Property and Procurement Officer (Finance).; Planning Assistant, Planning Division, Plan Check Engineer, Building Regulation Division and Engineering Assistant, Engineering Division (Community Development); Senior Recreation Leader (Parks & Recreation); Administrative Assistant /Public Services (Public Services); Building & Parks Maintenance Superintendent Park's Division, Utilities Engir.eer:Superintendent, Utilities.Division and Street Superintendent, Street Division (Public Services). 1. Basic Benefits.. Educational incentive pay shall not start for one year after employment with the City of San Luis Obispp, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of one -half step above the base salary for possession of an A.A. or equivalent degree from an accredited community or junior college; and one full step for a B.A..or equivalent degree from an accredited four year college or university. Total incentive pay shall in no case exceed one step. 0 2. Job Related Fields. Degrees must be either in directly job related fields or include at least 30 semester units leading toward the appropriate degree with a grade of "C" or better. 3. Application and Approval.. Application for the incentive pay shall be made by the employee to the department head at least 30 days before. the date the payment of the incentive pay is to be effective. Approval of the department head and the Administrative Officer shall be required. 4. Unsatisfactory Performance. In the event an employee receiving the incentive pay is not .performing up to the established standards set for the job, the department head with the concurrence of the Administrative Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and concurred in by the Administrative Officer. 5. Non - Applicability. It is the City's intention not to pay the educational incentive for any degree which -is required or listed as a desired qualification for the position held by the employee. Educational incentives shall not be_paid for education received on City time._ The educational incentive will be removed if the employee is promoted to a position which does not entitle employees to such incentives. SLOCEA 7/78 7 6. TuitioCnd.Books. If an employee holds —a position which does not qualify him for incentive pay, the employee will be eligible to receive payment for 50% of tuition and books for approved job related.courses upon satisfactory completion of same with a grade of "C" or better. 7. Confidential Employees. Employees filling those positions defined in Appendix A as "confidential" shall be eligible for both educational incentive benefits listed in paragraphs 1 and 6 above. I. Management Benefit, Employees filling those positions defined in Appendix A as "management" shall receive $25,000 term life insurance and a long -term disability, insurance plan for recognition of their management responsibilities and ineligibility for either overtime pay or educational incentive pay for possession of academic degrees, J. Class "1" Physicals The City will pay for-costs-for physical exams not covered by city insurance policies required for those employees required to hold valid Class "1" California drivers licenses. This includes the Heavy Equipment Operators and one Mechanic in the Public Services Department. ARTICLE IV SPECIAL PROVISIONS A. "Y" Rating An employee who is not performing up to established job standards may by "Y" rated, freezing his salary until such time as there is an improved job performance. The department head shall give 60 days written notice to any employee he intends to "Y" rate, giving the employee an opportunity to correct any deficiencies: A "Y" rated employee would receive nether step increases nor salary increases granted by the City Council in an MOU. The "Y" rating procedure .shall not result,(then or later) in the employee being frozen below the.next lower step of the new range. B. Payday Employees shall be paid the first and sixteenth of each month. When a regular payday falls on a Saturday or Sunday, employees will be paid on the preceding Friday whenever possible. C. Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the.Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time coming to cover the pay period.. D. Alternate Work Schedules Committee An ad -hoc committee shall be appointed by the City Administrative Officer including a representative of the SLOCEA to study alternate work schedules including the 4/10 plan and present_ their.findings and recoirimen.aations to SLOCEA the City Administrative Officer by April 1, 1979. 7/78 APPENDIX A Administration (1) Administrative Secretary ** (1) Administrative Services Clerk (1) Clerk Typist II .(1) Legal Secretary ** (1) Secretary II (2) Secretary III ** (1) Human Relations .Assistant Community-Development (2). Building Inspector (1) Chief Building Inspector (1). Clerk Typist_ II (4) Engineering Assistant (2) Engineering Associate (3) Engineering.Technician . (1) Plan Check Engineer_ (3) Planning Assistant' *. (2) Planning Technician (2) '.Secretary II (1) Secretary III (2) Senior Planner (1) Staff Writer Finance (1) Accountant (2) .Account Clerk Z (3) Account Clerk II (1) Accounting Technician (1) Secretary III Fire (1) Secretary II . (1) Secretary III Police. (3) Clerk Typist II (1) Janitor (1). Secretary I -I (1) Secretary III Public Services (1) Administrative Assistant /Public Services (1) Building and Parks Maintenance Superintendent (1) Building Maintenance Leader SLOCEA 7/78 C V Public Services (continued) (2) Grounds.worker I (5) Groundsworker II. (2) Heavy Equipment Mechanic (4) Heavy Equipment Operator (3) Janitor (1) Painter (1) Parking Meter Repairer (1) Parks Maintenance Supervisor (4) Parks Maintenance Worker (1). Public Works Inspector (1) Secretary III (2) Street Maintenance Leader (7) Street Maintenance Worker II (2) Street Painter (1) Street Superintendent (1) supervisory Heavy Equipment Mechanic (1)_ Tree Maintenance Worker I (1) Tree Maintenance Worker II (1) Utilities Engineer /Superintendent * (2) Utilities Maintenance Leader (1) utilities Maintenance Supervisor (5) Utilities Maintenance Worker.II (6) Utility Plant Operator I (2) Utility Plant Operator II (2) Utility Plant Supervisor (1) Water Meter.Reader- (2) Water_Meter Repairer (3) Water Supply Operator I (1) Water Supply Operator II Recreation (2) Recreation Supervisor (1) Secretary III . ** Confidential Employees * Management Employees P SLOCEA 7/76 C APPENDIX B Range Step 5 Amount 1 .768. 2 788. 3 808. 4 830. 5 852. 6 874. 7 896. 8 920. 9 944. 10 968. 11 994. 12 1,020. 13 1,046. 14 1,074. 15 1,102. 16 1,130. 17 1,160. 18 1,190. 19 1,222. 20. 1,254. 21 1,.286. 22 1,320. 23 1,354. 24 1,390. 25 .1,426. 26 1,464. 27 1,502. 28 1,542. 29 1,582. 30 1,624. 31 1,666. 32 1,710. 33 1,754. 34 1,800. Dfiscellaneo6s APPENDIX "C" SALARY STEP 1 STEP 2 STEP. 3 STEP 4 STEP .5 RANGE 01 .658.00 .692.00 723.00 766.(,O 806.00 02 672.00 7C8. CC 746. CO 786.00 828.0.E 03 694.00 730.00 768.00 808.00 850.00 04 708.00 746.00 786.00 828.00 872.70 05 730. CO 768.00 808.00 850.00 894.00. 06 746.00 786.00 828.00 872.00 918.00 07 768.00 808.00 850.00 894.00 942.00 08 786. CO 828.00 872.00 918. CC 966.00 09 8108,00 850.00 894,.00 942.00 992.00 10 630.00 874.00, 920.00 968.00 1018.00 11 (350.00 894.00 .942.00 992.00 1044.00 12 874.00 920.00 968.00 1018.00 1072.00. 13 896.00 944:00 994.00 104b.00 1100.00 14 920.00 968.00 1018.00 1 072. CC 1128. CO 15 944.00 994.00 1046._00 1100.00 1158.00 16 968.00 1018.00 1072.00 1128.00 1188.0.0 17 994.00 1046.00. 1102.00 11.60.CC 1220.00 18 102C.CO 1074.00 1130.00 .1.1.90.00 1252.00 19 1046.00 1102.CO 11.60.00 1220.0.0 .1284.00 20 1074.00" 1130.00 1190.00 1252.00 1318.00 21 1102. 00 1160.00 1220.09 1284. 0 0 1352.00 22 1130.00 1190.00 .1252.00 1318.00 1.388..00 2.3 1160.00 1220.00 1284.00 1352.00 1424.00 24 1190.00 1252.CO 1318.00 1388.00 1462.00 25 1222.00 1286.00 1354.00 1426.OQ 1500.00 26. - 1254.00 1320.00 1390.60 1464.00 1540.UO 27 1286.00 1354.0C 1426.00 1502.00 1580.00' 28 1320.00 131)0.00 1464.00 1540.00 1622.00 29 1354.00 L426.00 1502.00. 1580.00 1664.00 30 1390.00 1464.CC 1540.00 1622.00 1708.00 31 1426.00 1.5.02.00 1580.00 1664.00 1752.00 32 1464.00 1540,00 1622.00 1708.00 1798.00 33 1502.00 1562.00 1666.00 1754.00 1346.00 34 1542.00 1624.00 1710000 1800.00 1894.00 35 1582.CO 1666.00 1754.00 1846.00 1944.00 36 1626. CC 1712.00 1802. CC 1896.06 1996.00 37 1668.00 1756.00 1848.00. 1946.00 2048.00 38 1712.00 1802.00 1896.00 1996.00 2.102.00 39 1753. 00 1850.00 1948.00 2050.00 2158.00 40 1804.00 1898.00 1998.00 2104.06 2214.00 41 1850.00 1948.00 2050.00 2158.00 2272.00 42 1900. CC 2000.00 2106.00 2216.00 2.33.2. CO 43 1950.00 2052.00 2160.00 2274.00 2394.00 44 2002.00 2108.00; 2218.00 2334.,00 2456.00 45 2052.00 2160.00 2274.00 2394.CC._ 2520.0O 46 2108.00 2218.00 2334.00 2456.00 2586.00 47 2162.00 2276.00 2396.00 25.22.00 2654.00 48 2220.00 2336.00 2458.00 2588.00 2724.CC 49 2278.00 2398.00 2524.00. 2656.00 .2796.00 RESOLUTION NO. 3597 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REJECTING PUBLIC BIDS FOR JOHNSON AVENUE PLAYLOT AND AUTHORIZING THE WORK TO BE DONE BY CITY FORCES. WHEREAS, the City advertised for public bids for the con- struction of Johnson Playlot; and. WHEREAS, the City Council finds upon, estimates approved by the City Administrative Off icer, that -.the,work in question may be better performed and done more economically by the City with its own employees; NOW, THEREFORB, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: . SECTION 1. Each of the Public bids received for the construction of Johnson Playlot is hereby rejected. SECTION 2. The work of the construction of Johnson Playlot in accordance with the plans and specifications is authorized by the City with its own forces as authorized by Section 1210 of the City Charter. On motion of Mayor Schwartz . _ ., seconded by Councilman Settle , 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 26th day of June , 1978. ATTEST: Cit .H. Fitzpatrick AG:ktm O/ G J/ / O �+ Resolution No. C, C Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & hILLEY City Attorney 'I (1978 Series) Approved as to content: City Administrati e Officer AG:.ktm -2— 6/23/78 U RESOLUTION NO. 3596 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND EDISON A FRENCH AND FRANCES A. FRENCH FOR CONSTRUCTION OF A WATERLINE FOR PARCEL A OF PARCEL MAP SLO -77 -404 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 EDISON A. FRENCH and FRANCES A. FRENCH for construction of a waterline for Parcel A of Parcel Map SLO -77 -404 under the Quarterly Program, is hereby approved and the Mayor is author.ized_.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 Settle' ," 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 26th day of June 1978. ATTEST: Ci ,0---Merk J.H. Fitzpatrick R 3596 0 0 Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney City Administrative' Officer EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated June 28 1978, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City ",. and EDISON A. FRENCH AND FRANCES A. FRENCH, 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 for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 Subsection (1), 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. 2. Project Description. (Refer to Exhibit "B" attached) A. Construct approximately 670 feet'of 8 inch diamter water line in Pacific Street from Santa Rosa to Toro and approximately 370' of 10" water main in Toro Street from Pacific to Marsh with fire hydrant and other appurtenances. B. Developer's Portion. Of the above project, 320 feet of the 8 inch diameter water line in Pacific Street extending fr on Santa Rosa to the development together with the fire hydrant and related facilities shall be the responsibility of, and shall be financed by the Developer as provided below. C. City's Portion. The balance of the construction shall be financed by the City using 2nd Quarter 11$202000 Quarterly" funds O O and "Pre -42" funds as needed and available. Acceptance by the Developer of said City funding assistance shall be in lieu of proceeding under Subsections (2) and (3) of above referenced Code Section 7410.9. However City shall waive collection of front footage charges which otherwise might have been assessed against Developers property per Resolution No. 3556 for frontage along waterline installed by this project. 3. Said water system improvements have been requested by Developer to provide necessary water services for proposed development of Parcel A of Parcel Map SLO -77 -404 generally described as located on Pacific Street west of Toro Street, San Luis Obispo, California, and more particularly described by Exhibit "A ", attached hereto, and incorporated herein by reference. ` 4. Developer agrees to have plans and specifications prepared for performing the work to City standards and City agrees to advertise for bids, and award and administer the contract and inspect the work in accordance with the provisions of Section 24 of the City Charter, and relevant Sections of the City Code. 5. Developer agrees to pay the following amounts for the cost of said improvements: A. At the time of signing this agreement, a deposit in the sum of $4,230 which is 10% of the estimated total cost of construction. B. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for his portion of the improvements described in Paragraph 2 -B above, in full, to be computed as follows: The successful bidder's contract price 0 0 for those items comprising Developer's portion, plus prorated City engineering, inspection and administrative costs, less the initial deposit. 6. The cost of!-all change orders,.to be paid within ten (10) days after receiving notification thereof from the City. It is understood that if Developer's balance is not paid to the City within twenty (20) days after notification of the determination of the cost of said work, no improvements will be made and the 10% deposi.t will be forfeited and retained by the City. 7. For planning purposes, the City estimates that the water system improvement will be completed within ten (10) 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. 8. All facilities installed under this Agreement shall, upon final acceptance by the City and the expiration of all lien periods, become the property of the City for complete control, operation and maintenance. 9. Developer agrees that he will not seek a certificate of occupancy, and he will not permit others to occupy, the project to be constructed by him upon the real property referred to herein prior to the completion of the water system improvements described above. 10. 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 hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. DEVELOPER: rnrcnni n rocniru C O ZA t, FRANCES A. FRENCH CITY OF SAN LUIS OBISPO, A Municipal Corporation s! KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz ATTEST: s1 J. H. FITZPATRICK City Clerk J.H. Fitzpatrick Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEI ER, ' de la MOTTE & LILLEY City Administrative'Officer City Attorney t Director of Public Services X14 Utilities ine /Superintendent Direc or nance Pans a IS •13m ;a 3:4 �- M N w 05V vs ;w CD k. -.3 U) 3z L. So 05- Ix O I AlAl Tw,�� a o. J ! c±�j L L L IDDEE= I®0 11 nf ]F-�FZEOE EE jw r%� EE N w 05V vs ;w CD k. FF 3z L. So 05- Ix I AlAl Tw,�� a o. J ! c±�j L L L IDDEE= I®0 11 nf ]F-�FZEOE EE jw r%� EE N w 05V vs ;w FF 05- 00 f is AlAl Tw,�� a o. J ! c±�j L L L IDDEE= I®0 11 nf ]F-�FZEOE EE jw r%� EE O n �I I I I' I 'P I N I:a� .ls d 5 oa VIN " I ti ti '1 S S 0 I 0 q\ 0 4� 0 a` o\ n i IA IV N I:a� .ls d 5 oa VIN " I ti ti 0 I q . I 0 ' u � n i IA IV A I_ ti f � m m :o O\ r I �\ O O IQR N� O t O l 41 '*I. ~w . Y\ 0` cn O r 67 - 4 I A� ti cu P�F P O In ti • '� Z Cu CA A O � � r Ih � ti, I O I m � o � M R h Sy T J b► 1 �1 rR —o A m IOf ti Fi ;9Z N W Oar 0 n N o 2 o - 0 poal,o,�. t Q1 Q �:V ti 0 I3 n o\ 0 ti :o r 7 O P�F P O In ti • '� Z Cu CA A O � � r Ih � ti, I O I m � o � M R h Sy T J b► 1 �1 rR —o A m IOf ti Fi ;9Z N W Oar 0 n N o 2 o - 0 poal,o,�. t Q1 Q �:V Recoiding Requested By: �..' 'CITY OF SAN LUIS OBISPO When Recorded, please return to:. CITY CLERK'S O; FICE City of San Luis Obispo P.O. Box 321 San Luis 03 ;zoo. CA. 934131 I J n DEED OF EASEMENT EDISON A. AND FRANCES FRENCH as Grantors,. hereby grant to the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, as Grantee, the follow- ing easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: A permanent easement to maintain, repair, improve and enlarge the creek channel on that portion of Parcel 4 as recorded in Vol. 1510, Page 403 of Deeds lyi.ng.between the following described line and the center of San Luis Creek as it existed in 1883. Beginning at the intersection of the Southerly line of Marsh Street and,Westerly line of Toro Street thence Southwesterly along the Southerly Fine of Marsh Street a distance of 95.04 feet to a point, thence Southeasterly at right angle to Marsh Street a distance of 38.00 feet to the true P.O.B., thence Northeasterly parallel to Marsh Street, a distance of 45.00 feet to a point, thence Easterly to a point on the Westerly line of Toro Street, said point being 64.00 feet from the intersection of the Southerly line of Marsh Street and Westerly line of Toro Street. In witness whereof, Grantor has hereunto caused his name to be subscribed this — AA44jg.* ay of 1978. __ _.._iL _ _. STATE OF CALIFORNIA COUNTY OF San Luis Obispo }" On d&. ..; �� )_geo� ,before me, the undersigned, a Notary Public in and for said State, personally appeared Edison A. French & Frances A. French known to me to be the person .S— whose name S subscribed to the within instrument and acknowledged to me BEVERLY B. 1:3rlE5 that th c'r.....,.j .i.�.i�..;t.f FULIC.. hey executed the same. f' „- r WITNESS my hand - official seal. s^ h1y f_o- rmicien "c +pi:cs.Ap -;1 9, 1952 � Signature . James .e W W F- UO T V) -L33 1-5 O 01 oojvc , It O L6 rn i O !�6 pOBC -- m O a w D r- U Q� m O J Z R CU (L V) �:- 00 O Z W �. w I WX < U �2Z �OW `Lrr W } LL. U C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Deed_ of_ Easement dated March 28 1978 , from Edison A. French and Frances A. French. to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undefsigned officer on behalf of the City Council pursuant to authority conferred by Resolution ,No. 549 (1959 Series),. recorded ',fay 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: June 27, 1978 CITY OF SAN LUIS OBISPO By s( u NETH E. SCFIy'VARTZ Kenneth E. Schwartz, .Mayor ATTEST: s] L' H. FITZPATRICK J.H. Fitzpatrick, City Clerk RESOLUTION NO. 3595 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ALLEN GRIMES, INC., A PROFESSIONAL CORPORATION, ATTORNEY AT LAW, FOR INTERIM SERVICES AS CITY ATTORNEY. 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 Allen Grimes, Inc., A Professional Corporation, Attorney at Law, for interim services as City Attorney for two months, 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: Allen Grimes, Inc. On motion of Councilman Petterson _, seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 26th day of June 19 78. ATTEST: City er J.H�Fitzp��. Approved as to content: City Administrative Wficer R 3595 0 0 AGREEMENT FOR SERVICES AS CITY ATTORNEY This agreeement, made and entered into between THE CITY OF SAN LUIS OBISPO, a municipal corporation, 990 Palm Street, San Luis Obispo, California 93406, hereinafter called "City" and ALLEN GRIMES, INC., a.professional.corporation, Attorney at Law, P. 0. Box 749, Atascadero, California 93422, hereinafter called "Attorney." WITNESSETH: WHEREAS, City is contemplating the employment of a full= time City Attorney and a transition will occur during which the City will need legal services until the new City Attorney is on the job and in a position to assume the rendition of full -time City Attorney services. NOW, THEREFORE, the parties hereto agree as follows: I. Services of Attorney City hereby employs Attorney to render interim legal service for the City as City shall from time to time request, and Attorney agrees to perform such services which shall include furnishing legal advice, preparation of legal documents, and generally performing legal.office work. In addition, Attorney shall attend regular City Council meetings when needed. II. Payment Attorney shall be compensated at the rate of Fifty Dollars ($50.00) for each hour or fraction thereof of time devoted to the performance of the services contemplated by this agreement. In addition, Attorney shall be reimbursed for all out -of- pocket expenses incurred directly as a result of rendering the legal services provided for in this agreement. AG:ktm 6/23/78 4 Attorney shall submit a monthly statement covering services rendered to the City Clerk on or before the tenth (10th) day of the following month; itemizing the nature of the services rendered, when rendered, and the amount of time spent on each assignment or request of city. III. Relationship-of the parties It is understood that the relationship of*Attorney to City is that of independent contractor, and not employee, IV. Term This agreement shall be effective on July 1, 1978, and shall continue in effect.for a period of two '(2) months thereafter except that it maybe extended by the mutual agreement of the parties. IN WITNESS WHEREOF, the parties hereunto have executed this agreement., this 28th day of June 1 1978. ALLEN GRIMES, INC. A Professional Corporation Attorney at Law A Allen. Grimes CITY OF SAN LUIS OBISPO ATTEST: A Municipal Corporation sZ I H. FITZPATRICK City Clerk J. Hi Fitzpatrick Approved as to content: City AdministraVive-Officer AG: ktm I . sl KZNNETH.E. SCHWARTZ- Mayor Kenneth E. Schwartz -2- 6/-23/18 RESOLUTION NO. 3594 (1978 Series) A RESOLUTION TO THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING CAPITAL IMPROVEMENTS FUND FOR THE 1977/78 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following Capital Improvements Fund Appropriation Account be increased to provide the additional funds necessary for the completion of the 1977/78 water line deficiency program. Account No. Description Amount (40) 40- 6362 -716 Water Transmission and Distribution- - Substandard System Improvements $8,000. DR. 40- 0510 -000 Appropriations 8,000. CR. 40- 0600 -000 Unappropriated Balance 8,000. DR. BE IT FUTHER RESOLVED that the additional funds necessary for the actual cost of construction be transferred from the Water Fund Unappropriated Fund balance to the Capital Improvements Fund. On motion of Councilman Jorgensen, seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and 1978. ATTEST: J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney A By Allen Grimes day of June , Approved as to content: R 3594 RESOLUTION NO. 3593 (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 REPROGRAPHIC SERVICE. 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 reprographic service 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: Finance Director and the County of San Luis Obispo On motion of Councilman Settle seconded by Councilman Dunin 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 20th_ day of June , 19 78. ATTEST: 5. erk J.H.-Fitz patrick "" R 3593 Approved as to form: WENDT, MITCHELL, SIN EIMER, de la MOTTE $ LILLEY� City Attorney By Allen Grimes i Approved as to content: AGREEMENT-FOR REPROGRAPHIC SERVICES THIS AGREEMENT FOR REPROGRAPHIC SERVICES, entered into by and between the COUNTY OF SAN LUIS OBISPO, hereinafter referred to as "County," and the CITY OF SAN LUIS OBISPO, hereinafter referred to as "City;" WITNESSETH: In consideration of the mutual covenants, conditions, promises and agreements herein set forth, County and City hereby mutually covenant and agree as follows: 1. The Central Duplicating Division of County's Purchasing Department shall provide reprographic services, including, but not limited to, printing, bindery, photo, blueprinting, microfilming, and inserting services, as required by City, pursuant to the terms and conditions set forth in this Agreement. County shall furnish all labor, equipment, and material necessary and proper to provide such services. 2. TERM: This Agreement shall be effective from the date on which it has been executed by both parties hereto, and shall remain in full force and effect until terminated by either party hereto upon thirty (30) days prior written notice to the other party. Such termination may be at any time for any reason whatsoever. Completion of any specific service hereunder by County., or the failure of City to order any additional services hereunder, shall not terminate this Agreement. It is the intent of the parties hereto to leave this Agreement in effect in the event of future order for services, unless terminated as set forth in this Section 2. 3. CHARGES: The prices which County shall charge City for services hereunder shall be County's established rates and minimums in effect at the time the services are rendered. The prices in effect at the time of the execution of this Agreement are those prices set forth on the document attached hereto marked "Schedule All which is incorporated herein by reference as though here fully set C O forth. City agrees that the prices set forth in such Schedule A are subject to change on thirty (30) days prior written notice by County to City. All machine time rates shall apply to all users and include labor, indirect supplies, machine depreciation and departmental overhead. All direct materials shall be charged at County's cost. 4. PAYMENT AND TERMS: Charges shall be invoiced by County to City within ten (10) days after services are rendered by County, or at County's option at the end of the month in which the services are rendered. Payments shall be made by City within thirty (30) days of the date of such invoice. S. PROCEDURE FOR REQUESTING _SERVICES: City in writing hereunder may request such reprographic services as City may require from time to time. City shall receive a written cost estimate and delivery schedule from County on each service request prior to the beginning of service hereunder, unless such cost estimate and delivery schedule are waived in writing by City; provided, however, that no service shall begin nor charge made hereunder until written approval is thereafter received by County from City.for the specific service. It shall be the responsibility of City to verify and approve all proofs or camera ready copies prior to beginning of service hereunder. 6. NON- LIABILITY: County shall not be liable for non - performance or delay of performance due to fire, electrical or mechanical machine failure, strikes, lockout, government order or regulation, or any other cause whether similar or dissimilar beyond the reasonable control of County. 7. Neither party hereto shall transfer or assign this Agreement or any interest therein or any part thereof, without the prior written consent of the other party. 8. This Agreement shall be binding on the.assigns, transferees and successors of the parties hereto. i C� O 9. No waiver by either party hereto of any failure by the other party to comply with any term or condition hereof, shall be or shall be construed to be a waiver by such first party of any similar or other failure by the other party to comply with any term or condition hereof. 10. County shall not unduly delay rendering performance hereunder, unless excused as set forth in paragraph No. 6 hereof. 11, County makes no warranties or guarantees either express or implied as to the quantity or quality of work performed by County hereunder; and County makes no warranty as to fitness of any particular purpose. IN WITNESS WHEREOF, County and City has executed this Agreement.. SAN LUIS OBISPO COUNTY By: Chairman of the Board-of Supervisors of County Date: By: Name Title - Date: APPROVED AS TO FORM: JAMES B. LINDHOLM, JR. County Counsel By: Deputy County Counsel DATE: June 22, 1978 CITY OF SAN LUIS OBISPO s% KENNZTH E. SCHWARTZ Mayor Kenneth E. Schwartz ATTEST: s% I H. FITZPATRICK City Clerk J. H. Fitzpatrick APPROVED AS TO CONTENT: APPROVED AS TO FORD ?: WENDT, MITCHE L, SINSHEIMER, de la MOTTE f, LILLEY City Attorney By Allen Grimes 1 SCHEDULE A CENTRAL DUPLICATION RATES All Machine Time Charged In Tenths Of Hours Bindery . . . . . . ... . . . . . . . . . . . . . $15.75 per hour Multi Dup . . . . . . . . . . . . . . . . . . . . 17.11 „ if Itek Dup . . . . . . . . . . . . . . . . . . . . 16.16 it Large Press . . . . . . . . . . . . . . . . . . . 16.21 " Hand Labor . . .. .. . . . . . . . .. . . . . . . . 13.57 " Photo Lab . . . . . . . . . . . . . . . . . . . . 16.00 " Stuffing . . . .. . . . . . . . . . . . . . . . . 32.42 Blue printing . . . . . . . . . . . . . . . . . . 15.16 per hour Blueline $ Blackline . . .. . . . . . . . . . . .09 per sq. ft. Black Plastic . . . . . . . . . . . . . . . 15 it Heavy Blueline . . . . . . . . . . . . . . . . .15 Sepia . . . . . . . . . . . . . . . . . . . . .25 Mylar . . . . . . . . . . . . . . . . . . . . 1.00 Microfilming . . . . ... . . . . . . . . . . . . $17.57 per hour (or per frame price estimates are available upon request) i �I follows: RESOLUTION NO. 3592 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GANN INVESTMENTS, FOR CONSTRUCTION OF A WATERLINE FOR TRACT 687. i ?�. &w� BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Gann Investments for construction of a waterline for Tract No. 687 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 _Councilman Pettersdxfconded by Councilman _Jor eg nsero and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of June 1978. ATTEST: .o� erk J.H. Fitzpatrick R 3592 C Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attornev City Administrate Officer I G O EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated .Tune 22 , 1978, for the convenience of the parties hereto, is between, (1) THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City "; (2), Gann Investments, a California Corporation, the developers of the real property described herein, hereinafter collectively called "Developer "; and (3), Stanley H. Nelson, William A. Nelson, and Augustus L. Castro, fee owners of the real property described herein, and each of them, hereinafter collectively called "Owner ".. WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 2435, adopted on March 3, 1973, which resolution is made a part of this agreement as though specifically set forth herein: Construction of approximately 375 feet of 8 inch diameter water line in Caudill Street from Lawton Street westerly to Meadow Street. This project is to be financed by the City to the extent that 3rd quarter funds are available under provisions of Resolution No. 2435, otherwise known as the "$20,000 Quarterly Funding Program." All expenses.- incurred by the City beyond said available City funding shall be paid for by Developer. C C 2. Said water system improvements have been requested by Developer to provide necessary water services for proposed Tract 687 to be constructed upon the real property generally described as located on the west side of Meadow Street between Woodbridge and Mitchell Drive, San Luis Obispo, California, and more particularly described by Exhibit "A ", attached hereto, and incor- porated herein by reference. 3. Developer agrees to prepare plans and specifications for performing 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: A. At the time of signing this agreement, a deposit in the sum of $1,300 which is 10% of the estimated total cost of construction. B. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for his share of the improvement described in Paragraph 1 above in full, to be computed as follows: The successful bidder's contract price plus pro rated City engineering, inspection and administrative costs, less the deposit and less City quarterly funds available as determined by the City; it is estimated that these funds will be $6,350. It is understood that if developer has not paid the balance due to the City within sixty (60) days after notification to do so, no improvements will be made and the 10% deposit will be forfeited and retained by the City. C. The.cost of all change orders required during the course of the work are to be paid within ten (10) days after receiving notification thereof from the City. Page 2 CJ 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 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 him upon•the real property referred to herein prior to the completion of the water system improvements described above. 7. All facilities installed under this Agreement shall, upon final acceptance by the City and the expiration of all lien periods, become the property of the City for complete control, operation and maintenance. 8. 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 hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. OWNER: Stanley H-. 'Nel son 4 DEVELOPER: R. Wayne Gan Presi /djenrt^, i. 14-�w '-) I.- Kathleen K. Gann, Secretary Page 3 C ATTEST: s% 1. H. FITZPATRICK City Clerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes CITY OF SAN LUIS OBISPO, A Municipal Corporation s7 Kz-NNZTH E. SCHWARTZ Mayor Kenneth E. Schwartz Approved as to content: City Admi�nistrativeNtficer i Director of Pu61'ic Services Page 4 G O -- X01 60 30; pp i 3 2d ,a v CS, a r :r _ Lp , g8 ____________ . 11"22_ N 20 m � , 16 25 ✓ 0 Z i� �_, OOL O nary, J 32 W al 29 1� ++I �y I °I NI �I �I �I �I g8 ____________ . 11"22_ N 20 m � � w 16 25 2; 0 Z OOL - J 32 31 30 29 g8 ____________ . 11"22_ N 1 ^ 20 is 7B In 16 25 2; 0 20 1 ^ 20 is 7B 17 16 15 14 13 2 I< o 'S i� n Z ^n 3U C V � u Q . w T ! ••in T44' o� g`b 11 v l�j °u "ova D' U I i `` WooD9eiOGE 5T. HIV e� I43 tia � � Q � ue9•ae�m•w Em.cn• i b � T 0 �aUZ�1.a � •^ m QUA ado � 31 ,. a 4 1 A Z tai L A � Z y l- . �ZV ^sovo �y a�tl4,apq � O � L N@9'JS'!'J'W Ir I n " a l�1 r 0 �aUZ�1.a � •^ m QUA ado � 31 ,. a 4 1 A Z tai L A � Z y l- . �ZV ^sovo �y a�tl4,apq � O � l k o 8 �aUZ�1.a � •^ m QUA ado � 31 ,. a 4 1 A Z tai L A � Z y 0 E b T n v y y I y '• r 3? 1 31 LL De. C ]N av•NCL � Rd N@9'JS'!'J'W Ir I n " a —"[�. 49.co� -- �4-- pa]•m'.x�E �o3•su ... ''S I ;e V°.J°' Ell a� 0 E b T n v y y I y '• r 3? 1 31 LL De. C ]N av•NCL � Rd i l , RESOLUTION NO. 3591 (1978 Series) follows: A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND DON W. HENDERSON AND BERNICE 0. HENDERSON FOR CONSTRUCTION OF A WATERLINE FOR LOT 12, BLOCK A OF THE HATHWAY ADDITION. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Don W. and Bernice 0. Henderson for construction of a waterline for Lot 12 in Block "A" of the Hathway Addition 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 Petterson, seconded by Councilman Jorgenseng and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of June 1978. ATTEST. may/ e, rk � J.H Fitzpatrick R 3591 I Approved as to form: .WENDT9 MITCHELL, SINSHEIMEk, de la MOTTE & -LILLEY City Attorney By Allen ur imes m Approved as to content: YlLy Administrative Officer, m O :a, EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated June 22 1978, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS'OBISPO, a municipal corporation, hereinafter called "City," and DON W. HENDERSON and BERNICE 0. HENDERSON, 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 for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), 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. Construction of approximately 200 feet of 8 inch diameter and 120 feet of 4" water line in Howard Street from Phillips Lane Northerly to end. (This portion of the project including inspection, engineering, and administration thereof is to be financed by the City under provisions of Resolution No. 2435, otherwise known as the "$20,000 Quarterly Funding Program ",to the extent that said funds are available from the 4th Quarter of the 1977 -78 program but not to exceed $10,000). B. Installation of one fire hydrant with connecting lateral and related facilities. (This portion of the project to be financed by the Developer as provided below). 2. Said water system improvements have been requested by Developer to provide necessary water services for a house move -on at B1'ock -,A 636 Howard Street and more particularly described as Lot 12^of the Hathway Addition, City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded October 18, 1887 in Book A, Page 130 of maps in the office of the County Recorder. 3. City agrees to prepare plans and specifications providing for the above described installation to City standards and to 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 as his share of the costs for said improvements: A. At the time of signing this agreement, a deposit in the sum of $1,350 which is 10% of the estimated total. cost of construction. 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 entire cost of the fire hydrant described in paragraph 1B above, and that portion of the project described in paragraph lA above computed as follows: The successful bidder's contract price for said portion plus prorated City engineering and inspection and administrative cost, less the deposit and less City quarterly funds available as determined by the City. (Total cost to the developer is estimated at $3,500). 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 Page 2 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 and /or other expenses incurred by the City in excess of the $10,000 ceiling are 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 for any loss incurred by it as a result of delays i;n 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 him upon the real. property referred to herein prior to the completion of the water system improvements construction contract's- 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed. Page 3 ATTEST: Clerk J.H. Fitzpatrick. Approved as to forma WENDT, MITCHELL, SINSHEIMER, de la_ MOTTE & LILLEY City Attorney By Allen Grimes DEVELOPER: DFON W. HENDERSON _ �= Approved -as,to content:. City Administrative -I ficer Director of Public - Services nLenaen Page.4 ro C2. ea lawclor- A F32q 4 14 3 4z 10 101, We APO 6 y D cc ml 6 5. C 0*0 " PHILLIPS LANE 325 51? 76 ------------------ - yam. i � 4. to I 14 47, z E.sc •,jR 0 7T N' G V. Z cx i RESOLUTION NO. 3590 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIS_PO APPROVING AN AGREEMENT BETWEEN THE CITY AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR TH E SANTA ROSA STREET WIDENING PROJECT, CITY PLAN NO. 7 -73. 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 State of California, Department of Transportation for the Santa Rosa Street Widening Project, City Plan No. 7 -73 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 State of California, Department of Transportation and the City Engineer. On motion of Councilman Settle seconded by Councilman Dunin 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 20th_ day of June. 1 97 R ATTEST: TF erc itzpatric APPROVED AS TO FORM: WENDT, MITCHELL, SINS EIMER, de la MOTTE & LILLEY City Attorney 1 y Allen Grimes APPROVED AS TO CONTENT: City Administrat i e O icer x swn MASTER AGREEMENT C 1..X7 tiI iT „A,i LOW- MUICY STATE 101,E ff FEDERAL -AID PROJECTS 05 SLO San Luis Obispo District ounty City AGREEMENT NO. 05 -5016 THIS AGREEMENT, made in duplicate this 22nd day of June , 1978, by and between thg ri= gg San Luis Obi , po it—T ica subdivisions) of the State of California hereina ter referred to as "LOCAL AGENCY ", and the STATE OF CALIFORNIA, acting by and through the Department of Transportation, herinafter referred to as "STATE ". WITNESSETH: WHEREAS, the Congress .of the United States has declared it to be in the national interest for Federal Funds to be expended for highway, fringe parking, bicycle transportation, pedestrian walkways, and mass transportation projects; and WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds authorized may be made available for use on local transportation facilities in accordance with the intent of Federal acts; and WHEREAS, there exists a compelling need for improvements or restoration of roads, streets, highways, fringe parking, and public transportation facilities within the boundaries of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY and STATE therefore desire to make use of such Federal funds as may be made available within the jurisdictional boundaries of said LOCAL AGENCY; and WHEREAS, before Federal -aid will LOCAL AGENCY and STATE are required_ to to prosecution of the said project and facility. DH -OLA 255 (4 -77) be made available for projects, enter into an agreement reiative maintenance of the completed THEREFORE, the parties agree as follows: ARTICLE I - CONDITIONS 1. Projects located in urbanized areas (unless exempt) must be part of a program which serves to implement an areawide plan held currently valid by the regional transportation policy board. 2. Federal funds may participate only in work which has been officially programmed to and authorized by the Federal Highway Administration in advance of its performance. 3. Funds apportioned such as the STATE's share of FAS funds are considered Federal -aid funds. ARTICLE II - IMPROVEMENTS /RESTORATIONS. 1. The term "IMPROVEMENT" or "RESTORATION" as used herein means any work that is financed in part with Federal funds. 2. The Supplemental Local Agency -State Agreement (program supplement) shall be in a form prescribed by STATE; and shall designate who shall advertise, award, and administer the.contract, the Federal funds requested, and the matching funds to be provided by LOCAL AGENCY, and, if a State Highway is involved, the matching funds to be provided by STATE. Adoption of the program supplement by LOCAL AGENCY and approval by STATE shall cause such program supplement to be a part of this agreement as though fully set forth herein. Unless otherwise delegated the program supplement shall be approved by the LOCAL AGENCY's governing body. Cooperative projects including work on a State highway shall be the subject of a separate cooperative agreement. 3. In processing IMPROVEMENTS or RESTORATIONS, LOCAL AGENCY will conform to all STATE statutes, regulations and procedures (in- cluding those set forth in the STATE's Local Programs Manual) re- lating to the Federal -aid program and to all applicable Federal laws, regulations, and policy and procedural or instructional memoranda. This includes, but is not limited to, the holding of public hearings when required, the publishing of various press notices, and the pre- paration of plans, specifications, and estimates. 4. Unless otherwise designated in the approved program supple- ment, improvements will be constructed by contract in accordance with DH -OLA 255 (4 -77 -2- o 0 Certification Acceptance procedures approved by the FHWA. Such,pro- cedures require the use of Specifications described in the State's Certification; STATE approval of plans, special provisions and esti- mated costs prior to advertisement; a certification by LOCAL AGENCY With respect to the right -of -way; and advertisement for a minimum of 3 weeks prior to bid opening. The contract will be awarded 'by LOCAL AGENCY, its agent, or by STATE as may be determined between the parties prior to each project advertisement. 5. When the IMPROVEMENT or RESTORATION includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL, AGENCY or by STATE, as parties hereto agree. A con- tract entered into by LOCAL AGENCY for such work must have prior approval of STATE. In either event, LOCAL AGENCY shall enter into an agreement with the railroad providing for maintenance of the pro- tective devices or other facilities installed under the service contract. 6. LOCAL AGENCY shall provide or arrange.for adequate super- vision and inspection of each improvement, including contracts awarded by STATE. With prior State approval„ surveying, inspection and test- ing may be.performed by a consulting engineer provided an employee of LOCAL AGENCY is in responsible charge. 7. STATE shall exercise general supervision over Federal -aid improvements and may assume full and direct control over the project whenever STATE, at its sole discretion, shall determine that its responsibility to the United States so requires. LOCAL AGENCY contracts shall so stipulate. ARTICLE III - RIGHTS -OF -WAY 1. No contract for the construction of a Federal -aid IMPROVE- MENT or RESTORATION project shall be awarded until the necessary rights -of -way have been secured. Prior to the advertising of a proj- ect on a local street, LOCAL AGENCY shall certify and upon request shall furnish STATE with evidence that necessary rights - of-way are available for construction purposes or will be available by the time of contract award. 2. LOCAL AGENCY agrees to hold STATE harmless from any lia- bility which may result in the event the right -of -way is not clear as certified. The furnishing of right -of -way as provided for herein includes, in addition to all real property required for the improve- ment free and clear of obstructions and encumbrances affecting the DH -0LA 255 (4 -77) -3- proposed project, the payment as required by applicable law of dam- ages to real property not actually taken but injuriously affected by the proposed improvement. LOCAL AGENCY shall pay from its funds any costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights -of- way have not been made available to the contractor for the orderly prosecution of the work. 3. Subject to STATE approval and such supervision over LOCAL AGENCY °s right -of -way acquisition procedures as .STATE may determine is necessary, LOCAL AGENCY may claim reimbursement from Federal funds for expenditures to purchase rights- of-way included in an approved . project. 4. The LOCAL AGENCY will comply with Title II and III of the Uniform Real Property Acquisition Policy. 5. Whether or not Federal -aid is to be requested for right -of- way, should LOCAL AGENCY, in acquiring right -of -way for a Federal -aid IMPROVEMENT, displace an individual, family, business, farm operation, or non - profit organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and services which will be available, and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from his dwelling or to move his business or farm operation without at least 90 -days written notice from the LOCAL AGENCY. LOCAL AGENCY will pro- vide the State with specific assurance, on each project, that no person will be displaced until comparable decent, safe and sanitary replace- ment housing is available within a reasonable period of time prior to displacement, and that LOCAL AGENCY's relocation program is realistic and is adequate to provide orderly, timely and efficient relocation of displaced persons for the project as provided in FHPM 7 -5. ARTICLE IV - FISCAL PROVISIONS 1. When a Federal -aid IMPROVEMENT or RESTORATION contract is to be awarded by STATE, matching funds will be provided by LOCAL AGENCY prior to the time that such''funds are required to reimburse contractor. STATE will bill LOCAL AGENCY for amount due immediately following con- tract award, or at option of LOCAL AGENCY, will submit monthly bills during life of contract. 2. The estimated total cost of Federal -aid projects, the amounts of Federal -aid programmed, and the matching amounts agreed upon may be DH -OLA 255 (4 -77) -4- O O adjusted by mutual, consent of the parties hereto, provided funds are available to cover increases and provided Federal Highway Administration concurs in.any increase in the Federal -aid. 3. Upon submittal by LOCAL AGENCY of a statement of expenditures for Federal -aid improvements, STATE will pay its agreed share and if permitted by State Law will advance an amount equal to the iegal pro rata Federal share of the costs believed to be eligible for participa- tion with Federal funds or will voucher Federal Highway Administration for reimbursement. 4. LOCAL AGENCY shall use its own funds to finance the local share of eligible costs and expenditures ruled ineligible for financ- ing with Federal funds. STATE shall make preliminary determination of eligibility for Federal fund financing. Ultimate determination shall rest with the Federal Highway Administration. _Any, overpayment of amounts due shall be returned to STATE upon demand. 5. When any portion of a LOCAL AGENCY project is performed by STATE, charges therefor shall include assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such charges not financed with Federal funds shall be paid from funds of LOCAL AGENCY. b. Should LOCAL AGENCY fail to pay monies due STATE within 30 days of demand or within such other period as may be agreed between the parties hereto, STATE, acting through.State Controller, may with- hold an equal amount from future apportionments due LOCAL AGENCY from the Highway Users Tax Fund. 7.. Auditors of STATE and the United States shall be given access to LOCAL AGENCY's books and records and shall be.given such assistance and information as is requested for the purpose of checking costs paid, or to be paid by STATE hereunder. ARTICLE V - MISCELLANEOUS PROVISIONS 1. This agreement shall have no force or effect with respect to any project unless and until said project has been authorized by the Federal Highway Administration and a Program Supplemental Agree - ment has been executed. 2. The Congress of the United States, the Legislature of the State of California, and the Governor of the State of California, each within their respective jurisdiction, have prescribed certain employment practices with respect to contract and other work financed DH -OLA 255 (4 -77) -5- with Federal or State-funds. LOCAL AGENCY shall insure that work per- formed under this :agreement is done in conformance with rules and regulations embodying such requirements There they are applicable. Nondiscrimination Assurances, Exhibit °A", are hereby considered a part of this agreement. 3. When Federal funds are to participate in the cost of work done by a consultant, the agreement or contract with the consultant may not be executed or awarded until the selection of the consultant and the tems- of the agreement or contract have been approved by STATE. Such agreement or contract shall include a provision that the work avid records of the consultant are subject to inspection at all times by representatives of LOCAL AGENCY, .STATE and the Federal Highway Administration and that agreement or contract may be terminated by LOCAL AGENCY Lopon a finding that the consultant is failing to live uo to the terms of the agreement or contract. A11 major change$ in the agreement or contract must have prior approval_ of the STATE. As soon as agreement or contract with consultant has been awarded, two certified copies of said agreement or contract shall be submitted to STATE.. .4. LOCAL AGENCY and its contractors shall retain all original records and documents relating to work hereunder financed in part with Federal funds and shall make same available for inspection by STATE and Federal representatives upon request. Following final settlement of the project accounts with the Federal Highway Adminis- tration, such records and documents may be microfilmed at the option of LOCAL AGENCY, but in any event shall be retained for a three -year period after FHWA payment of final voucher, or a four -year period from the date of final payment under the contract, whichever is longer. 5. (a) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any- thing done or omitted to be done by LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to LOCAL AGENCY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 855.41, LOCAL AGENCY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined. by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by LOCAL AGENCY under or in connection with any work, authority or jurisdiction delegated to LOCAL AGENCY under this agreement. (b) Neither LOCAL AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agreement. it is also understood and agreed that., pursuant to Government Code Secti*a 8993.4, ST';TE shall fully indemnify and hold DH OLA 255 (A - - ?7) -6- LOCAL AGENCY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction not delegated to LOCAL AGENCY under this agreement. ARTICLE VI - MAINTENANCE 1. Upon acceptance by the awarding authority of a completed Federal -aid project or upon the contractor being relieved of the responsibility for maintaining and protecting a portion of the work, :the agency having jurisdiction over the transportation facility shall maintain the completed work in a manner satisfactory to the authorized representatives of the State and the United States. If, within 90 days after receipt of notice from STATE that a project.on a transportation facility under its jurisdiction or any portion thereof, is not being properly maintained, LOCAL AGENCY has not satisfactorily remedied the conditions complained of, the approval of further Federal- aid projects of LOCAL AGENCY will be withheld until the project shall have been put in a condition of maintenance satisfactory to STATE and the Federal Highway Administration. The provisions of this section shall not apply to a transportation facility which has been vacated through due process of law. 2. The maintenance referred to in paragraph 1 above includes not only the physical condition of the facility but its operation as well. Traffic Operations Improvements on local streets shall be main- tained by an adequate and well- trained staff of traffic engineers and technicians. Said maintenance staff may be employees of a LOCAL AGENCY, another unit of government or a consultant under contract with a LOCAL AGENCY. DH -OLA 255 (4 -77) -7- D IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT 05 . By District Director of Transportation Approval Recommended: Local Assistance Engineer DH -OLA 255 (4 -77) -8- CITY OF San Luis Obispo By s% KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz ATTEST: _ s7. J. H. FITZPATRICK City Clen J.H. Fitzpatrick O O Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & L_ILLEY ` City Attorney i By Allen Grimes Approved as to content: City AdmihistrativeCRfficer Community - mvelopme #t - Directo -r IT U t its y ineer ci EXUBIT "ir NONDISCRIMINATION ASSURANCES The 1&RW)Y /CITY of San Luis Obispo (hereinafter) referred to as the RECIPIENT HEREBY AGREES THAT as a condition to receiving any Federal financial assistance from the California Department of Transportation, acting for the.U. S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d -42 U.S.C. 2000d -4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of.Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted Programs of the Department of Transportation = Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the REGULATIONS), the Federal -aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with.the ACT, REGULATIONS,. and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the RECIPIENT receives Federal financial assistance from the Federal Department of Transportation, HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the.REGULATIONS. More specifically and without limiting the" above general assurance, the RECIPIENT hereby gives the specific assurances with respect to its Federal -aid Program: 1. That the RECIPIENT agrees that each "program" and each "facility" as defined in subsections 21:23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program ") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That the RECIPIENT shall insert the following notification in all solicitations for bids for work.or material subject to the REGULATIONS made in connection with the Federal -aid Program and, in adapted form in all proposals for negotiated agreements: DH -OLA 255 (4 -77) -9- AGREEMENT EXHIBIT "A° The 6MRFNCITY of San Luis Obispo or other approved contracting aut ority hereby note yes all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportu- nity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, or national origin in consideration for an award. 3. That the RECIPIENT shall insert the clauses of Appendix A of this assurance in every contract subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this assurance shall be included as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 5. That where the RECIPIENT receives Federal financial assist- ance to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connec- tion therewith. 6. That where the RECIPIENT receives Federal financial assist - ance in the form, or for the acquisition of real property or an interest . in real property, the assurance shall extend to rights to space on, over, or under such property. 7. That the RECIPIENT shall include the appropriate clauses set forth in Appendix C of.this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the RECIPIENT with other parties: (a) for the subsequent transfer of real property acquired or improved under the Federal -aid Program; and (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the Federal -aid Program. 8. That this assurance obligates the RECIPIENT for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the RECIPIENT or any transferee for the longer of the fol- lowing periods: DH -OLA 255 (4 -77) -10- AGREEMENT EXHIBIT W (a) the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the RECIPIENT retains own- ership or possession of the property. 9. The RECIPIENT shall provide for such methods of administra- tion for the program as are found by the U. S. Secretary of Transpor- tation, or the official to whom he delegates specific authority, to give reasonable guarantee that it, other recipients, subgrantees, con- tractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS and this assurance. 10. The RECIPIENT agrees that the United States and the State of California have a right to seek judicial,enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the RECIPIENT by the California Department of Transpor- tation, acting for the U. S. Department of Transportation, and is binding on it, other recipients, subgrantees, contractors, subcon- tractors, transferees, successors in interest and other participants in the Federal -aid Highway Program. DH -OLA 255 (4 -77) -11`- AGREEMENT EXHIBIT "A" APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the CONTRACTOR) agrees as follows: (1) Com fiance with Regulations: The CONTRACTOR shall comply with the regulations relative to nondiscrimination in Federally- assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (here- inafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The CONTRACTOR, with regard to the work performed by it uring the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Subcontracts Includinp Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONTRACTOR, for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONTRACTOR of the contractor's obligations under this contract and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Re orts: The CONTRACTOR shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State.highway department or the Federal Highway Administration to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of a con- tractor is in the exclusive possession of another who fails or refuses to furnish this information, the CONTRACTOR shall so certify to the State highway department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made'to obtain the information.. (5) Sanctions for Noncompliance: In the event of the CONTRACTORS's noncompliance with the noon iscrimination provisions of this contract, DH -OLA 255 (4 -77) -12- the -State highway department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the.CONTRACTOR under the contract until the CONTRACTOR complies; and /or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of_Pro.visions: The CONTRACTOR shall include the_provisi"ons o 'paragrap s trough (6) in every subcontract, including procurements.of. materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONTRACTOR shala take such action with respect Van y subcontract or procurement. as the State highway department or the Federal Highway Administration may direct as a means of enforcing such provisions in- cluding sanctions for noncompliance: Provided_, however, that, in the event a contractor becomes .involved in, or is threatened with, litiga- tion with a subcontractor or supplier as a result of such direction, the CONTRACTOR may request the State highway department to enter into such litigations to protect the interests of the State, and, in addition, the CONTRACTOR may request the United States to enter into such litiga- tion to protect the interests of the United States. N -OLA 256 (4 -77.) -13- O AGREEMENT • EXHIBIT "A" APPENDIX B The following clauses shall be included in any and all deeds effecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. (GRANTING CLAUSE) NOW, THEREFORE, the Department-of Transportation, as authorized by law, and upon the condition that the RECIPIENT will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Adminis- tration of Federal Aid for Highways and the policies and procedures prescribed by the Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance with the. Regulations_pertaining to and effectuating the provisions of Title.VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d -4), does hereby remise, release, quitclaim-and convey unto the RECIPIENT all the right, title and interest of the Department of Trans- portation in and to said lands described in Exhibit "A" attached here- to and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the RECIPIENT and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows., which will remain in effect for the period during which the.real prop- erty or structures are used for purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on the RECIPIENT, its successors and assigns. The RECIPIENT, in considerat -ion of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,) (and)* . DH -OLA 255 (4 -77) : -14- I AGREE4ENT EXHIBIT "A" APPENDIX.B (2) that the RECIPIENT shall use the lands and interests in lands so conveyed, in compliance with all require- ments imposed by or pursuant to Title'49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Part 21, Non- discrimination in Federally - assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above - mentioned nondiscrimination conditions, the Department of Transportation shall have a right to re -enter said lands and facilities on said land, and the above de- scribed land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this deed.* *Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.. DH -OLA 255 (4 -77) _15- AGREEMENT EXHIBIT "A" APPENDIX C The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar instruments entered into by the RECIPIENT, pursuant to the provisions of Assurance 7(a). The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as, a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land°) that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a Department of Transpor- tation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of Secretary, Part 21, Nondiscrimination in Federally - assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the-above nondiscrimination covenants, the RECIPIENT shall have the right to terminate the (license, lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made.or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to re -enter said land and facilities thereon, and the above described lands and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT and its assigns. The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the RECIPIENT, pursuant to the provisions of Assurance 7 (b). * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DH-OLA 255- (4 -77) -16- fGREEMENT ;EXHIBIT "A° APPENDIX C The (grantee, licensee, lessee, permittee, etc.,, as appropriate) for himself, his Personal representatives, successors in interest and assigns, as a part of the considerat ion hereof, does hereby covenant and agree (in the case of deeds., and leases add 'as a covenant running with the land°) that: (1) no person on the ground of race, color; sex, or national origin shall be excluded from participation in, denied the benefits Of. or otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, dr national origin shall be ex- eluded from participation in, denied.the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permi:ttee, etc.,) shall use the premises in compliance with the Regulations. (Include in licenses, leases, permits, etc.)* That in'the event of breach of any of the above nondiscrimination covenants, the RECIPI0it shall have the right to terminate thy, (license; lease, permit, etc.) and to re -enter and repossess said land and the facilities thereon, and hold the same as.if said (license, lease, permit,, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, the RECIPIENT shall have the right to re =enter said land and facilities thereon, and the above described lards and facilities shall thereupon revert to and vest in and become the absolute property of the RECIPIENT, and its assigns. Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. DH =OLA 255 (4 -77) -17- A l ' J RESOLUTION NO. 3589 (1978 SERIES) A RESOLUTION OF INTENTION TO GRANT AN ELECTRIC AND OTHER ENERGY FRANCHISE. TO PACIFIC GAS AND ELECTRIC COMPANY WHEREAS; Pacific Gas and Electric Company has requested renewal of its franchise; and WHEREAS, the City Council deems it to be in the public interest to award an indeterminate franchise for providing electricity and other energy to Pacific Gas and Electric'Company; 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 1955 San Luis Obispo City Charter, the City Council hereby declares-its intention to grant a franchise to deliver electricity and other energy in the City of San Luis Obispo to PACIFIC GAS AND ELECTRIC COMPANY for an indeterminate period. SECTION 2.. The terms and conditions of said franchise shall be as set forth in the ordinance proposed for adopt -ion and in 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. SECTION 3. A public hearing shall be held on July18' , 1978, at 7:00 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 aiy objections to the granting thereof may appear before the City Council and be heard thereon. SECTION 4. The City Clerk shall publish this Resolution in the .Telegram- ibuneTr- ibune, A newspaper published and circulated in said city at least. once, within fifteen (15) days of its passage. P.G.&E. 6/19/78 R 3589 Resolution No. 3589 113 (1978 Series) On motion of Councilman Dunin _, seconded by Councilman. Petterson , and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None the following resolution.was passed and adopted this ?Oth. -- day of _.Tune__ 1978. ATTEST: ty 49n J.H. -Fitzpatrick Approved as to form: WENDT, MITCHELL,_SINSHEIMER,, de la MOTTE & LILLE City Attorney By Allen Grimes P.G. $ E. 6/19/78 Approved as.to content: City Administrativ fficer 'City EiMneet =2- RESOLUTION NO. 3588 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING THE ASSESSMENT OF DELINQUENT BUSINESS LICENSE TAXES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to a public hearing duly held in conformance with Section 6100.13 of the Municipal Code, the Council hereby confirms the business license tax assessment as submitted and set forth in Exhibit "A ". SECTION 2. That the assessments set forth shall be paid within ten (10) days after the date hereof and that any accounts remaining delinquent there- after shall be turned over to the City Attorney for citation and collection. On motion of Councilman Petterson , seconded by Mayor Schwartz and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 20th day of June , 1978. ATTEST: - Z TY CLERK J.H. FITZPATRICK Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes KENNETH E. SCHWARTZ Approved as to content: City Administra a Offic r R 3588 Cr H b H H -tom W ..w 00 v CnW 0 C� J IQ IO W co % N O m 41 In In In In w w w w N N Iv 1.- O O O :w Io Io Io eta N ID N o, to w ao m m In w o o Ln m a Io w o n h. Io u, O w Io .4 m N ID m N V .A N I•± to N % In O 1D In N 01 N 01 O O V W 00 W N iA N N In N O N O W V O rn N o rn o v eta o Ir o rn o V V o 0 o u, I� V o v, w V 2 H a a :31 �. 3. N. M x Gb K7 H b n n b b b Cl m N a e h E m a a h a n h w. m I h, �,, a o 0 h a N a o a H. a tr a a H o a �- �c rn ti, to N 1- h w a m a� N N 0 co to h Ali Ic ti kc h C. b C+ ti O h �c h utgi ID h tLI h o 0 a a - �• rt o n ro d 3 ui m rt a to cn ti h h Qa y to b o rt N• vi n ti b a rt N b zn N i1, N• b (D N C V N b '+7 a b ai a e, rt 00 a ti a y. b n a H (D n m a I� c rt a N H N. b (p a b E tD a h h o N H• O R7 O h h ti m c� b rt m k 0 b to o ti h N• ti y yr Iy H 14 c b IO O O kc b 3 rb Cn m H• b w. 0 y N I� fp fD rt h ti N 3 b h (D m to N b rt Fr. a rt ti a b b a ? rt h N 11 m C b �• 0 a I ti rt h 0 rt y C N. IR C h n 00 N C rn rt N rt 0 [s7 n • N C N 0 cn h In �o w b rt C) a CAF zn �np N `0 m • b b H N ti ti N N H ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti Io ko t�o tD Io �a %D %0 ko ko ko Io ko ko ko �o ko ko Io Io ko Io ko Io �C V N N N N N N N V N N N .V N N V N N N V N N N N O o0 00 co 00 00 00 00 CO co 00 0o O O co O 00 O O 00 00 O 00 O V �C cz W 0 W N N to C\ N In N In Ut In W IO w Q, Ir .p N O di co N V N m In w ON [q H Ja In O In w o O In as N N . O . N O . Co N . O In 'N to as 0 0 o as o 0 o V a N o . 0 o . N o . 0 . 0 . 0 0% . . a . ti . v w o 0 o ON o 0 o rn v Ln o ao 0 0. co 0 0 0 o w o, ON w ni 2 H m N U1 N In In In w tp W 4 I-. ip N O eta O N N N m U w m �p • In • O • In • W • O • O • In • • • • O • N • •• O O N O In N vi 4 r4 W O O O O O O V O O • • •• • • • • • • In co O O O o W 0�1 Q~i W N y 2 K H yp I.. N w I.. ti ti N ti ti W ti y Ln O O o O • • • • • • • o • IOO • W • � • O • � • O • OVi • • o O • Q o' INO m 00 ko h O O O D O n O o O N O a o O o O % • o W L b a\ O O O N o O O N 4 O O m O 00 m O O O o m N N m C tu RESOLUTION NO. 3587 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT NO. 642, CEDARWOOD (LOCATED AT 1295 LOS OSOS VALLEY ROAD) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Tract No. 642 as contained in Resolution No. 3301 (1977 Series). SECTION 2. This Council now hereby approves the final map of Tract No. 642 located at 1295 Los Osos Valley Road 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 in behalf of the City. On Motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote.: AYES: Councilmen Dunin, Settle and Mayor Schwartz NOES:: None. ABSENT: Councilmen Petterson and Jorgensen the foregoing Resolution is passed and adopted this 8th day of June , 1978. ATTEST: C C erc J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLE$ City Attorney .err, V •cu 4J 4V \.VII 6=11{ . City A minstrat e Officer Communit Deve opment Director "- 1ty ng eer R 3587 by .err, V •cu 4J 4V \.VII 6=11{ . City A minstrat e Officer Communit Deve opment Director "- 1ty ng eer R 3587 EXHIBIT ,,A►► AGREEMENT THIS AGREEMENT, dated this day of 7%j ll�'/ 19, by and between � /1�CG�!L//ri�'G"�- "�� .herein. referred to-.as "Subdivider "., and the CITY OF SAN LUIS OB.ISPO, 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. 642 , Cedarwood, located at- 1295 Los Nos Valley Road City of San Luis Obispo, California ", as approved by the City Council, on the 8th day of June ,19 78 WHEREAS, the Subdivider desires that said Subdivision Map of said;Tract No. 642 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Sub- divider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance With .said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS . 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property .line and water services to the curb stop. 4. DRAINAGE STRUCTURES S. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion and approval of such facilities by the City, each public utility . shall be required to file a letter stating that the developer has prop- erly installed all facilities to be provided by him, and that the said utility is prepared to provide service.to residents upon request: 7. ANY & ALL.OT11ER IMPROVEMENTS shown on plans or required by City regulations. !1.11 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 b'e establshed by the �l i • _1 The. Subdivider agrees that the work of installing the above improvements shall begin within thirty (30 ) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any.extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the following conditions establi- shed by the Planning.Commission and /or the City Council.. 1. The developer shall pay to the city the sum of $1922.04 (1.7963 /acres x $1070.00/ acre) connection charge to the city water system. The developer shall deposit with the city a cash bond in the amount of $1,000.00 to assure the final monumentation of the subdivision. Said deposit will be released to the developer upon receipt by the city of a letter from the engineer indicating he has been paid for his work. 3. The developer shall plant 7 trees in the street tree easement along Los Osos Road to the approval of the city. 4. The developer shall pay to the city the sum of $512..83 for "sewer (5.784267 x 2.86 persons /unit x 31 units). 5. Grading permit fees in the amount of $154.80 shall be deposited with and treated as normal subdivision fees.. 5. The developer.shall pay the city the sum of $4,650.00 which is based upon the following.formula ($150.00 per lot x 31.lots): This fee is in -lieu of parkland dedication. ? The developer shall pay to the city the sum of $2,675.00 for water frontage charges ($10.70 /L..F. x 250' = $2,675.00). Some or all of this may be returned to the developer after determination by the City Attorney of the applicable charge. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retraceme.nt of Section lines., the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land.Office, Department of interior, IVashington, D.C.. -2- The Subdivider hereby attache's hereto, and as an intZ* r.al part hereof, and as ecurity for the performance of this agreement, (instrument of credit /bond) approved. lv 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 $_- 45,000.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising From faulty workmanship or materials or defective-construction of said improvements occurring within twelve (12) months after acceptance thereof. In.accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California,. upon final completion and acceptance of the work, City will release all but 10% of the mprovement security, that amount being deemed sufficient to guarantee faithful performance.by the Subdivider of his obligation to remedy any defects in the improve - rents arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, is 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 - i;.ents according to said plans and specifications, and any approve ..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, - nstrument of credit, or cash deposit, which has been posted by Subdivider,:to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the. Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance vith.State law. Said Subdivider shall deposit with the City the sum of $ 1,350.00 , from which deposit the .City will pay the salary and expenses of an inspector or inspectors�to inspect installation of said subdivision.lmprovements and certify that they have been completed in accordance with the plans and specifications.. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $ 1,504.80 the differenc-e.is to be paid by the City of San Luis Obispo. The City reserves the sole discretion in determining -3- EXH- IBiT "A" 0 the amounts to be paid for salary and expenses of said inspector or inspectors. Article 9, Chapter I of the San. Luis Obispo Municipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City- by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under ':his agreement It is understood and agreed by and between the Parties hereto that this ;a(,reement shall bind the heirs, executors, administrators, successors and assigns S 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: 9th day of June 1978 ;)proved as to form 'ENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY iiiiiiii IN IPA Subdivider - 9th day of June 19-78_ Mayor Kenneth E. Schwartz Attest,:_ C Engineer City Clerk J.H. Fitzpatrick - 4 - �a I � IT "All I i V� 41 1 n 0 I Lwl xu O TI 4 CMI A.3 I I VIA s G s 0 Sol IC4 'JIL -70-Fr-- j Mft. lic 7-7- (6S 101 So3c sn--1 -.jc I rl WI 1'�=000VO VII i I RESOLUTION NO. 3586 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT NO. 609 AND AUTHORIZING EXECUTION OF THE SUB- DIVISION AGREEMENT, LOCATED ON MISSION LANE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Tract No. 609. SECTION 2. This Council now hereby approves the final map of Tract No. 609, located on Mission Lane, 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 Settle ,seconded by Mayor Schwartz_ and on the following roll call voter AYES: Councilmen Settle, Dunin and Mayor Schwartz NOES: None ABSENT: Councilmen Petterson and Jorgensen the foregoing Resolution is passed and adopted r:104 *16 C' erk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney 8th day of June , 1978. Kenneth E. Schwartz Approved as to content: <Aj$k City Administrative, fficer Community D VelopmehY Director -imam, !YY�+ 'City En veer R 3586 AGREEMENT THIS AGREEMENT, dated this _9th day of June.._ 19 78 by and between Copeland.-Deasy and Buffa 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. 609 City of San Luis Obispo, California ", as approved by the City Council, on the 8th day of June ,1978 WHEREAS, the Subdivider desires that said.Subdivision Map of said Tract No.609 , 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 subd "ivision.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 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 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 IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the Plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be establshed by the Subdivider in accordance with said annroved nlass and snecifications. 0 0 The Subdivider agrees that the work of installing the above improvements shall begin within thirty C 30) days from the date of recording of the final map, and that the work shall be completed within. eighteen (18). months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the.Subd'ivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement: In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the following conditions establi- shed by the Planning Commission and /or the City Council. 1. The developer shall pay the City the sum of $1,626.40 (1.52 acres x $1,070.00 /acre) for water acreage fees. 2. The developer shall install 5 trees in the street tree easement. 3. The developer shall deposit with the City a cash bond in the amount of $500.00 to assure the final monumentati;on of the sub - division. Said deposit will be released to the developer upon receipt by the City of a letter from the Engineer indicating he has been paid for his work. 4. If the developer expects reimbursement for the waterline on Mission Lane, he must follow all City Codes. (This means that the City will have to let the contract for the waterline.) 5. The developer shall pay the City the sum of $600.00 (4 lots x $150 /10t) . for park in -lieu fees.. 6. Grading permit fees i,n the amount of $65.60 shall be deposited with and treated as normal subdivision inspection fees. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C.. -2- EXHIBIT „A The Subdivider hereov attaches hereto, and as an integral part hereof., and as security for the performance of this agreement, (instrument_ of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of S 25,000.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1.(c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement secur=ity, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done; or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have. occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto.. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event., the Subdivider agrees that City may, at its option,. declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize: the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees.to deposit with the City a labor and material bond in the amount of 500 of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $ .750-00- from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $ 815.60 the difference is to be paid by the City of San Luis Obispo. The City reserves the sole discretion in determining EXHIBIT „A►► the amounts to be paid for salary and exnenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo '•1unicipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement.. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: 9th day of June 1978 Approved as to form WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY 4to ell City Attorney Dale Ci itc e 9th day of June , 19 78 kT1--k " N /1� _- C' y Engineer Wayne Petersen - 4 - C5ubdivider, Thomas M. opeland s% KENNETH E. SCHWARTZ, Mayor Kenneth E. Schwartz Attest:sl I. H. FITZPATRICK City Clerk J.H. Fitzpatrick A.J.�Buff Subdivider �A& C.L. Buffa, S ivider ODUU.LV2.Qer M.W. Deasy, Subd' id .r :L. Copel d, Subdivider EXHIBIT "Arl 52,DV15:0N PLAN .w - JC" CJC- . Q) o \ O �t Or m o } / 52,DV15:0N PLAN .w - JC" CJC- . Q) o \ O �t Or m hI � /0 EAHMSIT "A" CL /0 EAHMSIT "A" �r RESOLUTION NO. 3585 (1978 Series) A RESOLUTION OF THE, COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF•TENTATIVE TRACT MAP NO. 727 LOCATED AT 680 CHORRO STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows.: SECTION 1. That this Council, after consideration of the tentative map of Tract 727 and the Planning Commission's recommendations, staff recommenda- tions, 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 wildl.ife.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 are not likely to cause public health problems. SECTION 2. That the approval of the tentative map for Tract 727 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) 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) Water and sewer system on -site shall be private. (7) Subdivider shall construct standard street improvements on Peach Street, consisting of curb, gutter, sidewalk, handicap ramp at corner and street paving. Driveway ramp on Peach Street shall be 20 feet wide minimum. 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. (8) 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: (a) Creation of a homeowner's 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. R 3585 -�, _ ' Resolution No. 358 (1978 Series) Tentative Map, Tract 727 (b) Grant to the City of San Luis Obispo the right to maintain common area and building exteriors.if the homeowner's associa- tion fails to perform and access the homeowner's 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. (g) Homeowner's 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. (9) Final map shall note public utility easements acceptable to the utility companies and city engineer. On motion of Councilman_ Settle seconded by Councilman Dunin 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 .7th - day of June 1978. ATTEST: CT erC J.H. Fitzpatrick- 'Approved as to form: Approved as to content: c7- WENDT, MITCHELL, SINSH Haministrativa�urricer IMER, n de la MOTTE LILLEY. City Attorney u I / = 1 Community Development Director ' en Grimes City Engine r .f—'`- z RESOLUTION NO. 3584 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WALTER F. & SALLY A. ROSS; AND RICHARD W. & HARRIET ROSS FOR CONSTRUCTION OF A WATERLINE FOR LOT 3, BLOCK A OF TRACT 179 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Walter F. & Sally A. Ross; Richard W. & Harriet Ross for construction of a waterline for Lot 3 in Block "A" of Tract No. 179 under the Quarterly Program, is hereby approved and the Mayor is authorizW 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 Petterson , 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 7th day of June , 1978. ATTEST: yy �� - R 3584 Ci ey'��itzpatr "ick 3 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By en rimes 0 Approved as to content: City Administrat e Officer Yi : EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated June 8 ,1978, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City," and WALTER F. ROSS, SALLY A. ROSS, RICHARD W. ROSS, and HARRIET ROSS, the fee owners and developers of the real property described herein, and each of them, hereinafter collectively called "Developer." In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), 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. Construction of approximately 350 feet of 8 inch diameter water line in Cerro Romauldo from Patricia Drive westerly to Rosita Street. This portion of the project (including inspection, engineering, and administration thereof) is to be financed by the City under provisions of Resolution No.' 2435, otherwise known as the "$20,000 Quarterly Funding Program" to the extent that said funds are available from the 4th Quarter of the 1977 -78 program but not to exceed $10,000. B. Installation of one fire hydrant with connecting lateral and related facilities. This portion of the project to be financed by the Developer as provided below. 2. Said water system improvements have been requested by Developer to provide necessary water services for a proposed lot split at 150 Cerro Romauldo and more particularly described as Lot 3 in Block "A" of Tract No.. 179, Bowen Subdivision, City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded November 3, 1959 in Book 6, Page 32 of maps in the office of the County Recorder. 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: A. At the time of signing this agreement, a deposit in the sum of $1,300.00 which is 10% of the.estimated total cost of construction. 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 entire cost of the fire hydrant described in paragraph lB above, and that portion of the project described in paragraph lA above computed as follows: The successful bidder's contract price for said portion. plus pro rated City engineering and inspection and administrative cost, less the deposit and less City quarterly funds available as determined by the City but not to exceed $10,000. 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 Page 2 V • G, 0 be made and the 10% deposit will be forfeited and retained by the City. C. The cost of all change orders and /or other expenses incurred by the City in excess of the $10,000 ceiling are to be paid within ten (10) days after receiving notification thereof from the City. 5. For planning purposes, the City estimates that the water system improvement will be completed within five.(5) weeks after the contract is awarded, and City agrees to use due diligence in seeking timely contract performance. However, the parties recognize that City cannot guarantee timely performance, and Developer agrees that City shall not be responsible for any loss incurred by it as a result of delays in contract completion. Developer also agrees to hold City harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 6. Developer agrees that he will not seek a certificate of occupancy, and he will not permit others to occupy, the project to be constructed by it upon the real property referred to herein prior to the completion of the water.system improvements construction contract. 7. This agreement, shall be b.inding upon, and shall inure to the benefit of, the heirs, assigns, and all other successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. DEVENTER: Walter F. Ross �Iy A osA os Page 3 m ATTEST: ' LAFff CTerk J.H. Fitzpatrick 10 4,--A� W Richard W. Ross OF SAN LUIS Kenneth E. Schwartz Approved as to content: Approved as to form: �_ (.°)h WENDT, MITCHELL, SIN HEIMER, City Administrative oNice"r de la MOTTE & LILLEY City Attorney �> _ ' Director of Public Services By Allen Grimes Page 4 T rim f WALT75R F ROSS PRoJEG7' � c - r N.4 'Bell plug fapped Z' V N o to I m w 61 p A = 'po x - y ' R S1 A DII ,. n i 0i$ OI 0 �m 64C.A. 40C.A. (installed o I > eD W m z 0 C O m w ' n pe O 8'•B "•4'TCt• Y N ti • t.A. 6-Gf1. 4 % I` _ 12 fn co )" � N 0I to { 4'D ' D • u I follows: RESOLUTION NO. 3583 (1978 Series) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RICHARD W. MARTIN FOR CONSTRUCTION OF A WATERLINE FOR 725 PEPPER STREET. BE .IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Richard W. Martin for construction of a waterline for 725 Pepper Street 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 Pettersonseconded 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: C" Jere Fitzpatrick adopted this 7th day of R 3583 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney BY Allen Grimes N Approved as to content: City Administrative OKficeir uirector i Services Director o nce 1535 MISC 1600.00 4: A 535 CKI 1600.00- 5/30/78 535 .00 EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated June 9 1978, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City," and RICHARD W. MARTIN, the fee owner and developer of the real property described herein, hereinafter 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 for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), 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: Construction of'approx.imately'440 feet 6f.:8 inch diameter.:water line in Pepper Street from Phillips Lane to Mill Street, together with the installation of one fire hydrant assembly. This project is to be financed by the City using 3rd Quarter "$209000 Quarterly" funds as available under provisions of Resolution No. 2435, except for contributions described below which are required of Developer. Acceptance by Developer of said City funding assistance shall be in lieu of proceeding under Subsections (2) and (3) of above "referenced Code Section 7410.9.City shall waive any water front - footage charges other than that described in Section 4 of this Agreement. 2. Said water system improvements have been requested by Developer to provide necessary water services for proposed apartment building to be constructed upon the'.real property generally described as located at 725 Pepper 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 agrees to advertise'for bids, and award and administer the contract in accordance with the provisions of Section 724 of the City Charter, and relevant sections of the City Code. 4. Developer agrees to pay the following amounts for the cost of said improvements: A. At the time of signing this agreeement, a deposit in the sum of $1,600.00 which is 10% of the estimated total cost of construction. B. Prior to the commencement -of the work and immediately following the opening of bids, an additional amount which shall represent his prorated share of the pipe line and fire hydrant and shall be computed as one -half the contract cost of the fire hydrant assembly plus one -half of[86.9 4401times the balance of the contract costs plus 10% for engineering, inspection and administration 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 pro -rated share of all change orders, to be paid within ten (10) days after receiving notification thereof from the City. Page 2 E 0 V 0 c 0 V U E N c H °o o STATE OF CALIFORNIA COUNTY OF San Luis Obispo On May 26, 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared Richard W. Martin known to me to be the person_ whose name subscribed to the within instrument and acknowledged to me that he executed the same. 1UIII1nf�111111000UUI @RIRIRURIIII MARGO WEMP WITNESS m Vhanda d off 'al seal. • NOTARY PUBLtC Son bah Obrape, caftfm a Signature UNUUUUUUMIN41111�1UI8IIW�,jU1G Margo Win Name (Typed or Printed) This area for official notarial seal) 4 D. The anticipated cost to the Developer is estimated at $2,400. 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 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 hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. DEVELOPER (11 RICHARD W. MARTIN C ;TY OF SAN LUIS OBISPO, Municipal Corporates r Kenne Page 3 v ATTEST: C' Clerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL,.SINSHEIMER, de la MOTTE & LILLEY City Attorney Oor By Allen Grimes n Approved as to content: City Administrative 61'cer Director of Public Services Page 4 1 RECORDERS OPPICE SAN LUIS OBISPO COUNTY w1i4�0 sa3i3 1 EXHIBIT "A" PARCEL 1: That portion of Lot 16 in Block 1 of the Rathway Addition to the City of San Lute Obispo, in the City of San Luis Obispo, County of San Luls Obispo, State of California, according to cap filed for record October 18, age 1887 in Book A, at p 130 of laps, in the office of the Cwaty Recorder of said County, described as follars: Beginning at a point on the line between Lots 15 and 16 in said Block 1 which is distant South 75 feat from the Northerly line of said Block, said point being the Southwest corner of the property conveyed to Ira E. Duel et ux., by deed dated February 3, 1929 and recorded February 6, 1928, in Book 650 at page 113 of official Records; thence East alone the South line of the property so conveyed 50 feet to the West line of Bald Lot 16 and the true point of begi=IM the=n from Bald true point of beginning Continuing East along the South line of the Duel property as aforesaid to a point on the Northeasterly line of said Lot 16, Bald point also being the 20at•3sterly corner of said Duel property; thence South 360 22' East along said Northeasterly line to the most Easterly corner of Bald Lot 16; theme West along the South line of said Lot 16 to the Southwest corner thereof; then... North along the uest lim of said Lot 16, 7o feet to the Point of beginning. PARCEL 2: mat Donlon of Lot 15 in Block 1 of Bathway's Addition to the City C- of San Luce Obispo, in the City of Saa Luis Obispo, County Of Sea Luis Obispo, State of California, according to sap filed for record October 19, 1887 in Book CA A se pegs 130 of Maps, In the office of the County Recorder of said Count G deaerlbM al t011wf: 7, .� rn Beginning at a point on the line between lots 15 and 16 in said Block 1, which � l• distant South 75 feet from the northerly line of mid Block; said point being the Southwest earner Of =0 property conveyed to Ira E. Duel, et roe., by deed dated February 3, lq'9 and recorded February 6, 1929 in Book 65, at page Q 113 of Official Records; thence Fees along the South line of the property so N conveyed 50 foot to the Flat line of said Lot 15 ; .thence South along said East lint 70 feet to the Southeast ccrmr of sold Lot; thence :feat along the Soma 11ne thereof 50 feet to the Southwest corner thereof; thence Borth along said West llm 70 feet to the point of beginning, Deanano Na- 12502 RECORDED AT Al. ,94-- s4 Min. P_ /� M. Voldw O@idd Rented. isfaYi-- Sm " ON" Cwsy, Gil, JUN 30 a67 page 1. � f ' ;/ % - 10 aZ 8 r 1 4�'co I i NIL IPS LA E r�.v 26 W a � er DI. 1975 ' : -6 o.c, � • 6 °Q (i PYC i b•PYC i 6 %'%e, ih 6 i 20 fe Is Ir 16 15 tr \ i � \ •�� A0 jr •� /� �O 14 4 do L Q 19 CQ 3 4 S 6 7 8 9 f0 l+ 12 13 ,'.• •J' / ins /0 O -00, •.OJ OOF..... / It / ,\ ti / r.\ -1/ 1000, 0• `� Ole `aQl�.• `.� VO �?. i' RESOLUTION NO. 3582 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE�CIT.Y OF SAN LUIS OBISPO RESCINDING RESOLUTION NO. 3509 (1978 SERIES) AND FINDING THAT NO 604 -A WATER DEFICIENCY IS ASSOCIATED WITH USE PER= MIT REQUEST U -0646 FOR A TYPE I OR SPRINKLERED COMMERCIAL BUILDING AT 999 2�ONTEREY STREET. WHEREAS, the City Council, on February 21, 1978, adopted Resolution. No. 3509 (1918 Series) entitled, "Resolution of the City of San,Lus Obispo City Council.Finding a Level I Ordinance 604 -A Water Deficiency Associated with Use Permit Request U 0646 for Commercial Building at 999 Monterey Street and Requiring the Applicant to Correct the Deficiency by Installating a 10 -inch Water Line in Osos Street.from Marsh to Monterey Streets;" and WHEREAS, said resolution recited that the City Council determined that fire flow could not be provided for the proposed . development by existing water lines; and WHEREAS, said determination was based on the assumption that the proposed development would not involve either a building defined in Chapter 18 of the Uniform Building Code of 1976 as Type I, or a building containing an automatic sprinkler system approved.by the Fire Marshal; and WHEREAS, the Director of Community Development has presented a.report to the City Council setting forth his determination that based on the assumption that the development will be either a Type I building as herein described, or that it will.contain automatic sprinklers herein described, that a request for construction can be approved in accordance with.Section 2800.1 of the Municipal Code of the City and that no Level I.deficiency would result; R 3582 DCM:ktm 5/23/78 Resolution No. 358T 0(1978 Series) NOW, THEREFORE, the City. of San Luis Obispo City Council resolves as follows:. SECTION 1. That Resolution No. 3509 (1978 Series) is hereby rescinded and revoked in its entirety. on motion of Councilman Petterson , seconded by Councilman Jorgensen., and on'the following roll call vote: AYE Sd Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT • None . the foregoing resolution was passed and adopted this of June 1978. ATTEST: C -Clerk"' J.H. Fitzpatrick 7th day Approved as to content: Approved as to form: WENDT, MITCHELL; $ NSHEIMER; de la MOTTE & LILL Y City Administrate e- Officer City Attorney I By Alleri _Gr:imes . , Community evelopme Director-" - ..ice Fi . - MarshaP Director of- Public Services DCM:ktm 5/23/78 -2- RESOLUTION NO. 3581 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONCERNING ANNUAL TRANSPORTATION CLAIMS (1) REVISING THE 1976 -77 CLAIM; (2) REVISING THE 1977 -78 CLAIM; AND (3) APPROVING THE 1978 -79 CLAIM. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City's Annual Transportation Claim for 1976 -77 is hereby amended by approval of Claim #Three, attached hereto marked Exhibit "A" and incorporated herein by reference. Previous adoption and amendments to this claim were approved by Resolutions Nos. 3047, 3068 and 3262. SECTION 2. The City's Annual Transportation Claim for 1977 -78 is hereby amended by approval of Claim #Two, attached hereto marked Exhibit 11A" and incorporated herein by reference. Adoption of this claim was approved by Resolution No. 3358. SECTION 3. The City's Annual Transportation Claim for 1978 -79, a copy of which is attached hereto marked Exhibit "C" and incorporated herein by reference, is hereby approved. SECTION 4. The Mayor is authorized to execute the appropriate claim documents on behalf of the City and the City Clerk is directed to forward executed copies of the claims and a certified copy of this resolution to the County Auditor of the County of San Luis Obispo. On motion of Councilman Petterson , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7th day of June , 1978. ATTEST: 43T Kenneth E. Schwartz Uity. erx -T,pw-,,F1tzpatr1cR R 3581 Resolution No. 3581 (1978 Series) Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney City Administrative ficer By Allen Grimes (�� `ANNUAL TR4NSP0RTATI0N CLAIM gA,s- Sco- # ONE (1) 1978 =1979 Fiscal Year, TO: San Luis Obispo County Area Council of Governments 979 Osos Street, Suite B San Luis Obispo, California 93401 FROM: Claimant: City of San_ Luis Obispo, California Address: City Hall, 990 Palm Street, (P.O. Box 321) City: San Luis Obispo, CA Zip: 93401 Contact Person: Wayne. A. Peterson Phone: 541 -1000 City Engineer ext. 30 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter.1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made in the amount of $ 510,846..00 for the fiscal year 1978 - 1979 to be drawn from the Local Transportation Fund of the County of San Luis Obispo for the following purposes and in the following respective amounts as described in the Annual Project and Financial Plan. SLOCOG -TDA -5/78 1978 -1979 Fiscal Year ANNUAL PROJECT AND FINANCIAL PLAN Briefly describe all proposed projects and indicate proposed expenditures of your jurisdiction for the ensuing fiscal year. 'roject Title and 3rief Des., tion Purpose* mount Local Transportation System Article 8 $173,000.00 - Contract Transportation Section 99400 Expense under City License 2. Regional Transportation Article 8 $ 51,760.00 System for Elderly /Handi- Section 99400 capped and General Public. 3. Maintenance, Reconstruction, Article 8 $286,086.00 and Construction Section 99400 ,Identify appropriate Article and Section of Act. 0 # ONE (1) 1978 -1979 Fiscal Year ANNUAL PRDJECr AND FINANCIAL PLAN Briefly describe all proposed projects and indicate proposed expenditures of your.jurisdiction for the ensuing fiscal year. ?roject Title and 3rief Deccri tion ose* Amount k 1. Local Transportation System Article 8. $1.73,000.00 Contrast Transportation Section 99400 E:xpense.under City License 2. Regional Transportation Article 8 $_ 51,760.00 System for Elderly /Handi — Section 99400 capped and General Public. 3. Maintenance, Reconstruction, Article 8 $287,086.00 and Construction Section 99400 E *Identify appropriate Article and Section of Act. roject Title and rief Description 1purpose* Amount a. Total claim for Pedestrian $ Bicycle Funds $ 0._On b. .Total claim.for Article 4 Funds $ 0.00 C. Total claim for Article 4.5 Funds $ 0.00 d. Total claim for Article 8 Funds $510,846.00 1) Total proposed expenditures for streets and roads $1,29 8,564. 00 2) o of claim.(d) of total (d -1) % e. Total claim designated for planning $ 0.00 * Identify appropriate Article and Section of the Act. Allocation instructions and payment by the County Auditor to this claimant are subject to such monies being on hand and available for distribution, and to the provision that such monies will be used only in accordance with the terms of the approved Annual Project and Financial Plan. STATEMENT OF_ NI FORb1ANCE TheCity of San Luis Obispo hereby certifies that the Annual Transpor- Claimant) - 510,846.00 tation Claim for Fiscal Year 78 - 79 in the amount of $ conforms with the provisions of Chapter 1 (commencing.with Section 1090 of Division 4, Title I) of the Government Code and the requirements of Transportation Development Act and its applicable rules and regulations. BY: TITLE.Maynr[ity of San pis Obispo, DATE: JUN - 9 1978 U TFA -1 SLOAPC ANNUAL TRANSPORTATION CLAIM The _City of San Luis Obispo hereby requests, in accordance with Chapter 1400, Statutes 1971 and applicable rules and regulations, that its annual transportation claim be approved in the amount of $312,441.38 for fiscal year 76 -77 , to be drawn from the local transportation fund of the County of When approved, please transmit this claim to the County Auditor of the County of San Luis Obispo, for payment. Approval of the claim and paynent by the County Auditor to this applicant is subject to such monies being on hand and available for distribution, and to the pro- visions that such monies will be used only in accordance with the terms of the approved annual financial plan. APPROVED: San Luis Obispo County E Cities Area City of San- Luis Obispo, California Planning Coordinating Council By-, L Title Date 19Z By Title Mayor -City of San Luis Obispo Date June Gj I I Three (3) TO: San Luis Obispo County E Cities Area Revision No. 2 to the Planning Coordinating Council 1976 -1977 Fiscal Year 479 Osos St. Suite B +Annual Transportation San Luis Obispo, Calif. 93401 Claim FROI•i Applicant: City of San Luis Obispo, California Address: City Hall, 990 Palm Street (P.O. Box 321) City: San Luis Obispo, California Zip: 93401 Contact Person: Wayne A- Peterson Phone• 541 -1000 City Engineer Ext. 30 The _City of San Luis Obispo hereby requests, in accordance with Chapter 1400, Statutes 1971 and applicable rules and regulations, that its annual transportation claim be approved in the amount of $312,441.38 for fiscal year 76 -77 , to be drawn from the local transportation fund of the County of When approved, please transmit this claim to the County Auditor of the County of San Luis Obispo, for payment. Approval of the claim and paynent by the County Auditor to this applicant is subject to such monies being on hand and available for distribution, and to the pro- visions that such monies will be used only in accordance with the terms of the approved annual financial plan. APPROVED: San Luis Obispo County E Cities Area City of San- Luis Obispo, California Planning Coordinating Council By-, L Title Date 19Z By Title Mayor -City of San Luis Obispo Date June Gj I TPA-2 SLOAPC 7ilWUAL PROJECT ;." FINI ANCIAL PLAN (Use additional forms as necessary) Briefly describe all proposed projects and indicate proposed expendi- tures of your jurisdiction for the ensuing fiscal year.(ie..right- of -way acquisition and construction of local streets and roads, including facilities provided for the exclusive use by pedestrians and bicycles., Give each project a title and number in sequence. Is this a major new Project Title and facility? Project Sources of Brief Description Yes or No Cosy Fundina._ 1T 1 Maintenance & Reconstruction -0- $3129111.38 1976 -1977 Fisca Year S.B. 325 Funds' 2 Elderly- Handicapped Transportation System $ 330..00 ,L 3 sr t# A i 't TPA -2 (cont Id) a. Applicant's total proposed annual expenditures of all funds $ 688,952.00 b. Annual Transportation Claim $ _3129441.38 c. of Claim (b) of Total (a) 45.35 �. d. If Cla:Ln. is more than SO'/ of total proposed annual expenditures please justify: Is this a major new Project Title and facility? Project sources of Brief Description Yes or CIO Cost Funding a. Applicant's total proposed annual expenditures of all funds $ 688,952.00 b. Annual Transportation Claim $ _3129441.38 c. of Claim (b) of Total (a) 45.35 �. d. If Cla:Ln. is more than SO'/ of total proposed annual expenditures please justify: TPA - 2 (Cont) Revision No_ 2 to the 1976 -1977 Fiscal Year Annual Transportation Claim Date of Revision June 1978 Status of the 1976 -1977 Fiscal Year A.T.C. Claim is as follows: (a) Project Progress to Date Of 29 proposed projects in the 1976 -17 A.T.C: (Revised) 22 have been completed, 2 are under construction, and one is to be deleted from the list of proposed projects. The item deleted is that included for partial financing of the Elderly- Handicapped Trans- portation System - a system has not been developed to date of this revision. (b) Income and Expenditures to Date The income from the Gasoline Sales Tax (SB325) to date for the 1976 -77 Fiscal Year is $ 312,441.38 of which $ 312,441.38 has.been expended or encumbered. Projection of (a) and (b) above: (a) It is expected that the 2 projects under construction will be completed by July 1, 1978. However the final payment for the projects may be made during the 1978 -79 Fiscal Year. (b) There are no additional 76 -77 Fiscal Year funds anticipated. There will be additional expenditures for the two projects under construction. CERTIF: BY: TITLE: DATE JUN - S 1978 1 C STATENIVV; OF COQ ?FO?.`?A�,;CE TPA - 3 SLO APC The City of San Luis Obispo,_ CA hereh,; certifies that applicant the Annual Transportation Claim for fiscal vear 1976 -1977 in tie amount of $ 312,441.38 conforms with the requirements of Article 18 Chapter 1400, statutes 1971 as amended and ap -Plicable rules and recrulations- C RT-IFI Bv: I J t Title: ayor- City otSan Luis IIbispo, Date: JUN - 9 1978 19 -` • J TPA -1 " -- SLOAPC AMENDED_. ANNUAL TRANSP6RTATION - CLAIM 0 Two (2) TO: San Luis Obispo County E Cities Area Revision No. 1 to 1977 -78 Planning Coordinating Council Fiscal Year Annual Transpor- 979 nsos St. Suite B tation Claim San Luis Obispo, Calif. 93401 Revised 1978 FP.Oii: Applicant: City of San Luis Obispo,. California Address: City Hall, 990 Palm Street (P.O. Box 321) City: San Luis Obispo, Ca lifornia Zip, 93401 Contact Person: Wayne A. Peterson Phone: 541- 1000 City Engineer The City of San Luis Obispo hereby requests, in accordance with Chapter 1400, Statutes 1971 and applicable rules and regulations, that its annual transportation claim be approved in the amount of $386,967.00 for fiscal year 77-78, to be drawn from the local transportation fund of the County of When approved, please transmit this claim to the County Auditor of the County of San Luis Obispo, for payment. Approval of the claim and payment by the County Auditor to this applicant is subject to such monies being on hand and available for distribution, and to the pro- visions that such monies will be used only in accordance with the terms of the approved annual financial plan. APPROVED: San Luis Obispo County E Cities Area City of San Lui-s Obispo, California Planning Coordinating Council By Title k,r, Date 1978 By Title Mayor -City of San Luis Obispo, C Date June ' 1 TPA -.2 Revision No. 1 to the 1977SfR2'PC Fiscal Year Annual Transportation Claim Revised 1978 7MIMAL PROJFC''T F." FINMNTCI7�L PT_M (use additional _=orms as necessary) Briefly describe all proposed projects and indicate proposed expendi- tures of your jurisdiction for the ensuing fiscal year. 6ie..right -of -way acquisition and construction of local streets and roads, including facilities provided for the exclusive use by pedestrians and bicycles.) Give each project a title and number in sequence. Is this a major new Project Title and facility? Project Sources of Brief Description Yes or No Cost Fundinq 1T 1 Maintenance, Reconstruction -0- $.142,467.00 1977 -1978 Fisca. Year SB 325 Funds 2 Local Transportation System Contract Transportation Expense under City License No $166,500.00 3 South Street Realignment Road to Near Beebee Street EIR, R/W Yes $ 259.000.00 u 4 Flora Street Extension 1977 -1978 Fiscal " from EI " -serio to Year SB -325 Fund! Southwood Drive Construction Yes $ 34,500 0 TPA -2 (cont'd) a, Applicant's total proposed annual expenditures of all funds $ _1,224,052.00 b. Annual Transportation Claim $ 386,967.00 C. 1,9 of Claire (b) of Total (a) 31.61 %. d. If Claim is more than 50; of total proposed annual expenditures please justify: is this a major new, Project Titlo and facility? Project Sources of Brief Description Yes or No Cost Funding 5 Flora Street Extension from E1 Caserio to Southwood Drive 1977 -1978 Fiscal Year Right -of -Way yes $18,500.00 SB -325 Funds a, Applicant's total proposed annual expenditures of all funds $ _1,224,052.00 b. Annual Transportation Claim $ 386,967.00 C. 1,9 of Claire (b) of Total (a) 31.61 %. d. If Claim is more than 50; of total proposed annual expenditures please justify: 2 (con' t) Revision No. 1 to the 1977- 1978 Fiscal Year Annual Transportation Claim Revised _ 1978 Status of the 1977 -1978 Fiscal Year A.T.C. is as follows: (a) Project Progress to Date There were 33 proposed projects to be financed with 1977 -1978 Fiscal Year SB 325 Funds. Two of the 33 items were for partial financing of transportation systems.. Of the remaining 31 projects, which are. maintenance, reconstruction and construction projects, eleven have been completed, three are under construction and a contract has been awarded for another. The two items for transportation systems, by this amended claim are deleted from the 1977 -1978 A.T.C. (b) Income and Expenditure to Date The income from the Gasoline Sales Tax (SB 325) to date, in the current Fiscal Year is $ 290;225:25 of which $27,292.00has been expended or encumbered. Projection of (a) and (b) above: (a) It is expected that the three (3) projects in progress will be com- pleted by July 1, 1978. Plans for several other projects are nearing completion and may be let out to bid prior to July 1, 1978, but contracts for them are not expected to be awarded prior to that date. (b) Expenditures over and above that indicated in (b) above will depend upon the rate of completion of the projects in progress. CERTIFIED: BY: TITLt: Mayor City of San Luis Obispo California DATE: JUN - 9 1978 TPG - 3 5L0 e: ?C Revision No. 1 to the 1977 -78 Fiscal Year Annual Transportation Claim !E'TT OF =TFODIr,!AI CE Revised 1978 The City of San Luis Obispo, acnlicznt the Annual TransDOrtatiOn Cla_ i -n the amount of $ 386,967.00 CA hereby certifies :hat m for fiscal vear 1977 -1978 COP.forms with the requirements of Article q!8 Chapter 1400, statutes 1971 as amended and applicable rules and regulations. j CERTTFIRI: By: T il -- I a Ijdy0 r - I, i y o 7 5 an L uis ispo; fornia Date: JUN --q IM 19 ANNUAL TRANSPORTATION CLAIM 0 # ONE (1) 1978 -1979 .Fiscal Year TO: San Luis Obispo County Area Council of Governments 979 Osos Street, Suite B San Luis Obispo, California 93401 FROM: Claimant: City of San Luis Obispo, California .Address: City Hall, 990 Palm Street, (P.O. Box 321). City: San Luis Obispo, CA Zip: 93401 Contact Person: Wayne A. Peterson Phone: 541 -1000 City Engineer ext. 30 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter.1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made in the amount of $ 510,846.00 for the fiscal year 1978 - 1979 to be drawn from the Local Transportation Fund of the County of San Luis Obispo for the following purposes and in the following respective amounts as described in the Annual Project and Financial Plan. SLOCOG -nA -5/78 t97 -1979 Fiscal Year ANNUAL _PROJECT AND FINANCIAL PLAN Briefly describe all proposed projects and indicate proposed expenditures of your jurisdiction for the ensui.rig fiscal year. 'roject ' 'J-Cle and irief De:_:ription Purpose' An)Dwlt Local Transportation System Article 8 x$173,000.00 Contract Transportation Section 99400 Expense under City License 2. Regional Transportation Article 8 $ 51,760.00 System for Elderly /Handi - Sect.ion 99400 capped and General Public. 3. Maintenance, Reconstruction, and Construction Article 8 Section 99400. $286,O86.00 ^Identify appropriate Article and Section of Act. roject Title and rief Description Amount a. Total claim for Pedestrian & Bicycle Funds $ 0.00 b. Total claim for Article 4 Funds $ 0.00 c. Total claim for Article 4.5 Funds $ 0.00 d. Total claim for Article 8 Funds $510,846.00 1) Total proposed expenditures for streets and roads $1.,29 8,564.00 2) % of claim (d) of total (d -1) % e. Total claim designated for planning $ 0.00 . * Identify appropriate Article and Section of the Act. / A �r Allocation instructions and payment by the County Auditor to this claimant are subject to such monies being on hand and available for distribution, and to the provision that such monies will be used only in accordance with the terms of the approved Annual Project and Financial Plan. STATEMENT OF CONFORMANCE TheCity of San Luis Obispo hereby certifies that the Annual Transpor- Claimant 510,846.00 tation Claim for Fiscal Year 78 - 79 in the amount of $ conforms with the provisions of Chapter 1 (commencing with Section 1090 of Division 4, Title I) of the Government Code and the requirements of Transportation Development Act and its applicable rules and regulations. DATE: JUN - 9 ISM RESOLUTION NO. 3580 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ESTABLISHMENT OF AN EMERGENCY COMMUNICATION SYSTEM TO SERVE THE CITY AND THE UNINCORPORATED AREA IN24EDIATELY ADJACENT TO THE CITY. WHEREAS, the San Luis Obispo City 911 Emergency Telephone System planning process is now complete and the resulting final plan reflects each participating agency's needs, the City public safety staff's objectives, the council's wishes and the State mandates; and WHEREAS, a copy of the official plan is on file in the office of the City Clerk; NOW, THEREFORE, BE IT RESOLVED.by the Council of the City of San Luis Obispo as follows: SECTION 1. The San Luis Obispo City 911 Emergency Telephone System Plan referred to above -is approved by the City Council and the T. %yor is authorized to execute said plan on behalf of the City. SECTION 2. The City Clerk is directed to provide certified copies of this resolution to the concerned agencies. On motion of Councilman Settle seconded by Councilman Dunin 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 June , 19 7 8. ATTEST: itCler c J.H. Fitzpatrick 7th day of Approved as to form: Approved as to content: WENDT, MITCHELL, $INSHEIMER, de la MOTTE & LILLEY City Attorney City AdministrativNfficer att't- By Allen Grimes 0 Poli e Chief Fire Chief 9 CITY OF SAN LUIS OBISPO 91.1 EFERGE11CY TELEPHONE SYSTI PLAN PREPARED FOR: THE CALIFORNIA STATE DEPARTMENT OF COMMUNICATIONS 4tir�,�- MAY1978 MARCH 1. 1978 cc ECEIVED OF pg. 1 of 12 CITY A- a STATE OF CALIFORNIA EMERGENCY TELEPHONE SYSTEM PLAN CON -tea .(REV. 1 /7e) If Appropriate. Controcts or Agreements M1f UST be attached. San Luis Obispo COMMUNICATIONS DIVIS M� City of San Luis Obispo PSAP LOCATION - PSAP MANAGER - 575 Santa Rosa Street Roger Neuman MANAGER'S ADORES9 MANAGER 3 TELEPHONE - - Same (805) 544 -5151 NAME I COMPANY TELEPHONE Richard !�inestock IPacific Telephone 1543 -9000 TELEPHONE Kurt Vaughn IPacific Telephone 1543 -3322 COMPANY REPRESENTATIVE(S) John Brady IPacific Telephone 1543 -6503 Jim Gouze I Pacific Telephone ;543 -6503 Statement of Compliance: we each of the undersigned, affirm that the local Publicaagency or publlc safety agency we re- present will particlpate In the 911 Emergency Telephone System described In this plan In accordance with California Government Code 53100 at seq, and the California Standards for 921-Systems published by the California Department of General Services. The Responsible PuDlle A..nrv- ..♦.6Ie ..b... - - - -- -- --'-- -• ^•_••• �• urw,,..au,c Ocaca rinanclal assistance. "NAME.ANp TITLE GEN CY OFFICIAL AUTHORIZED i ty 0 TELEPHONE TO SIGN FOR THE Kenneth Schwa_ Schwartz. Mayor S Luis Ob ` RESPONSIBLE wDDRESS - _ 541 -1000 PUBLIC AGENCY SI A UR 990 Palm Street, San Luis Obispo PARTICIPATING PUBLIC METHOD OF HANDLING O FICIALS LEGALLY DESIGNATED TO REPRESENTC SAFETY AGENCIES EMERGENCY CALLS EACH AGENCY BY ITS- GOVERNING BODY (List by municipality Or district . show DIRECT COntI9u0US agencies Iasi) PATCH FER TRANS - RELAY SIGNATURE TITLE City of S.L.O., Police X P City of S.L_O., Fire_ X �� Fir-f- cHrE Emergency Medical Service (Med -Com) X - County of S.L.O. Sheriff and PSAP XJ'3�i_ County of S.L.O. Fire X f• T' /, t State De t, of Forestr X Calif. Poly. State Universit Public Safet X Camp San Luis, Fire Calif. _Men's Colony, Fire X U.S. Forest Service X � "�" "." War ee r`• a l tc 4. SvP.ea vu � Calif. Highway Patrol X Morro Bay, PSAP X Pismo Beach, PSAP X SYSTEM COSTS AUTHORIZED IN 911 PROPOSED S_ _ EM SYSTEM STANDARDS 6 PLANNING 'MONTHLY COST ANNUAL CO - GUIDELINES MANUAL, CHAPTER IV, INSTALLATION do TOTAL IRST YEAR AND DESCRIBED ON REVERSE. AND I CC ST SUBSEQUENT PAGES. S : PLANNED INSTAL" 10N DATE STATE 'PLAN.APPROVCO DY /DATC - DATE CUTOVER USE ONLT 1V PSAP TELEPHONE COSTS 5r24-78 CON-zoo Immv. 1178) ....---- .- .. -.... .a..... - ►JCGE I sheet( 9) IndlCating ltem(s) that apply. 3 12 PUBLIC AGENCY RESPONSIBLE FOR OPERATION City of San Luis Obispo _j PSAP LOCATION 575 Santa_ Roca rppt. S.L.O.- ITEMS OF SERVICE OR EQUIPMENT QUAN- TITY MONTHLY UNIT PRICE MONTHLY CHARGE INSTALLATION CHARGE B+C NON TARIFFED CHARGES CEAC Common Equipment_ 2 343.23 686.45 1.2,900.00 10,050 911 Lines- 13 33.00 429.00 585.00 Station Switchhook.Status and Ringback Equipment 1 96.00 96.00 1,510.00 Central Office Switchhoo Status-and-Ringback E ui ment 1 84.50 84.50 11820.00 SUB TOTAL $1 295.95 $16,815.00. --S.10,050 TARIFFED CHARGES Local Private Lines 4 7.65 30.60 160.00 Local Private Lines 2 9.40 18.80 80.00 Local Private-Lines 2 8.50 17.00 102.00 Local Private Lines. 1 7.0.0__ 7.00 40.00 Local Dial Up Network Lines 2 18.20 36.40 100.-00 Automatic Dialing Equipment 2 11.25 150.00 SUB TOTAL 132_.30_- 632.00 Subtotal Non Tariffed Charges $1,295-95 -$16,815-00 10,050. Subtotal Tariffed Charges 132.30 632.00 TOTALCHARGES $12428.25__ _$172447.00 $109050. ATTACHMENT 1 Optional Features .RE- Ring /Switchhook Status $ Touch Tone dialing i Emergency call recording equipment Recall Conferencing Split -Away Transfer Direct emergency station selection x` Standard key telephone features - delayed announcement with recording and play back facilities -test facilities for emergency transfer lines - referral recording and play back equipment automatic intercept and recording equipment 9 a (SLO, City of, has identified all of the above as State funded) )) Pg 4 of 12 EXCHANGE a _ TYPE OFFICE PREFIXES Sag LUIS 03ESPO I t. ;. 549 05 5: KU P �7� r'- S� 7 t r ' fA W v Q s V x W Q O f 0 U U LL U Q 6 N W O 2 F < uu ox Z W W � Y < � G 2.� O lu ATTACK TT 2 411 SYSTEM CITY OF S.LY LUIS 08tSP0 P. S. A. P. MY. OF SLO 575 Santa Rosa Street (2) Positions EMERGENCY RESPONSE AGENCIES 4 - 7- Dictt. DI-11 . Lines Em.re.ncr Atlm.muuuw Lm. SLO Sheriff (Y.ed -Cam) .3-P.L. ACT._Rin SLO Cc. Fire (CDF) Gl Pii1� (.Sacuriry) Canp SLJ Fire Calif mans Col. •C.E.A.C. Answer and Transfer Arrangeneut N 2- POSltiong Q S Q H O STANDARD FEATURES O m 1. Called Party Hold 2 2. C:0'. Identification a ]. Distinct Tone W 4. Forted O isconnect P: 5. Teledlaler 72. OPTIONAL .FEATURES • Magnitude Cat Requested Each Feature • SEE'ATT.(CHME %7 P9 of 12 Sn jij C itY '1 S �s oBispo �I FIRE DEPARTMENT r h.bis 748 Pismo Street • San Luis Obispo, CA 93401 • 805/543 -6046 .. 911 EMERGENCY TELEPHONE SYSTEM FINAL PLAN FOR THE CITY OF SAN LUIS OBISPO The City of San Luis Obispo has opted to provide its own Public Safety Answering Point (PSAP). This choice was made to maximize the efficient processing of emergency requests . from our citiiens. System Configuration The system chosen is a basic 911 (decentralized system) configuration as defined in section 53107 of the Government Code and in the "System Standards and Planning Guidelines Manual," second edition. System Service Area The service area of this 911 system is based on and analogous to the Pacific Telephone, "San Luis Obispo Main" (wire center) service boundary. (See exhibit A.) This boundary extends beyond the city limits and will, therefore, require the PSAP to provide 911 call forwarding for public safety agencies outside of the city. These agencies are identified -on form 280 and exhibits B and C. Alternative System Configurations Considered Selective routing appeared to be the optimum 911 system for our community. Its ability to route calls automatically to the proper agency and to detect the caller's location (etc.), provide the ability to respond to emergency requests, most efficiently of all the systems. However, its severe cost impact places it out of reach for our PSAP.. A centralized configuration in the county PSAP represented an additional level of human decision making with its commensurate delay and potential for error. There- fore, this alternate was also rejected. The city's adopted plan represents a "common sense", compromise between the opti- mum and the inadequate systems for our community. PSAP 911 Trunk Staffin The PSAP 911 trunks and staffing (see exhibits B and C) correspond with the "Emer- gency Telephone Number 911 Cost Impact, Progress Report, and Recommendations.," December 1974 Edition or as updated. A population figure'for this PSAP.service area of 70,000 persons is used in conjunction with the table on.page 10 for determination of these requirements. Additional input and transfer trunks have been included to r maintain the number trunks and the commencerate "call volume" ability currently pro- vided to the participating Public Safety Agencies. pg. o of 12 Necessary System Options Touch tone dialing, ..=.,� g Emergency call recording equipment for all input trunks and z transfer lines, distinct tone, forced disconnect, called party hold, recall, con- ferencing, split.away, transfer, direct emergency station selection, standard key telephone features (incoming trunks), delayed announcement with recording and play back facilities, test facilities for emergency transfer lines, one button dialer equipment for transfer through the dial up network, referral recording and play- back equipment, automatic intercept and recording equipment are all identified as state funded and required in this system to provide expeditious handling of the public's 911 requests. Other facilities necessary for the implementation of this g11 System will be sub- mitted under. "Incremental Funding" as their costs are identified. Addendum: -(Conferencing Defined) Since the conferencing capability will be used to.meet the call transfer pro- cedures mandated by various involved agencies, this description delineating some of the more critical abilities is being provided. 1) Conferenci,ng functions will be utilized during simultaneous transfers. (Transfering a caller on a 911 input trunk to two or more responsible agencies.) 2) During the simultaneous transfer of calls (setting .up conferences), should one agency answer before another, the continued ringing of the other agencie's lines must not disturb the parties already on the line. L N pg. 7 of 12 ` - 10 - tl \�_'' �.� i � `'�` ✓ •/ �Y� .- 1. �� iii C LLJ LLJ w =`'� w z V) w CL ' �.� j - .� '✓mil'. "� Q W Ln CC pg. 8 of 3.2 3 IT - - -------- 7M W-M NOTE: 546 (from Cal Poly---.------ kX will be received at the PSAP if 9911 is dialed.) of S.L.O. -PSAP 15 Input Trunks 2 Positions 911 INPUTS AND PREFIX IDENTIFICATION FOR THE SLO CITY PSAP pgo 9 of J-2 11 C 911 Call Distribution to the Public -S, Agencies with responsibility in the Si Luis Obispo City PSAP service Area. DIRECT DISPATCH TRANSFER (DEDICATED LINE) TRANSFER.(DIAL UP NETWORK) Ls *Simultaneous transfer to S.L.O. Co. F.D. for fire and medical emergencies,. pg 10 of 12 (4 trunks) Cal Poly State Univ.. Public Safety ® (l trunk) : SLO Fire 1 trunk)* California lien's Col. (1 trunk)* US Forest Service trunk)* 9W M N 141W C.H.P. Cl trunk) • "s • Yy $ R OR�O BAY Fes. ■ A■ S.L.O. COUNTY S.L.O. CITY L_ r Y ■ A■ Positions A_ 3 �; 33.`7.9. 3Fx�^K': -i••�• - a.. pg .11 of 12 r L C-�' P UNITED STATES DEPARTMENT OF AGRICULTURE FOREST SERVICE Los Padres National Forest 42 Aero Camino Goleta, California 93017 Mr. Roger Neuman City of San Luis Obispo 575 Santa Rosa Street San Luis Obispo, CA Dear Mr. Neuman: 7200 May 1, 1978 U�►S pnv .� I have reviewed and I approve the 911 Plan for the City of San Luis Obispo. It is important to us that operational procedures be established prior to implementation. It is essential that our Forest Service 911 Coordinator, Don Overbaugh, be kept informed and be part of future planning meetings. ALLAN J. WEST Forest Supervisor pg 12 of 12 UL?il (1(69) CESMUTION NO. 3579 (1978 Serie' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO.,. 77 -46 LOCATED AT 2413 and 2415 SOUTH BROAD STREET. BE IT RESOLVED by Council of the City of San Luis Obispo as follows: (A).That the Council, after consideration of the tentative map of Minor Subdivi s.ion 77 -46 and the Planning Commission's recommendations; staff recommenda- tions and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of develop - ment permitted by the R -2 zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision_ (B) That the approval of the tentative map for Minor Subdivision 77 -46 by subject to the following conditions: 1. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 2.' The lot line between Parcels A & B shall. be adjusted so that Parcel A has a minium of 6,000 square feet of lot area. On motion Of Councilman Petterson_ ; seconded by Councilman_Jorgensen and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and.Mayor Schwartz NOES: None ABSENT'. None the foregoing Resolution was passed and ATTEST: ci ty k .H. itzpatrick Approved as to form: Wendt, Mitchell, Sinsheim r, de la Motte & Lilley City Attorney t By: Allen Grimes. Approved as to-content: woc-> 2.O. 01 3A sill$ C.'a o .v ., I 21 woc tQ 6 Zl V w LC-j 0 0 40 Olvvq, 21 L9:V1f '1 ,Pr Ll N D LA woc-> 2.O. 01 3A sill$ C.'a o .v ., I 21 woc tQ 6 Zl V w LC-j 0 0 40 Olvvq, 21 L9:V1f '1 ,Pr Ll 1. RESOLUTION NO. 3578 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING MINOR SUBDIVISION NO. 78 -84, A REQUEST FOR A LOT LINE ADJUSTMENT AT 48 BUENA VISTA STREET WHEREAS, the applicants own two nonconforming lots; one fronting Loomis Street, and the other Buena Vista Street; and WHEREAS, because of access problems to the lot on Loomis Street, due to steep frontage slopes and because of the absence of.'utilities, the applicant has asked for a lot line adjustment to create two lots both having frontage on Buena Vista Street; and WHEREAS, the City Council finds that the lot line adjustment would permit the construction of two houses on very steep slopes in a prominant location on the hillside where the visual effects would be objectionable; and WHEREAS, the City Council finds that the lots in their present config- uration could be developed with houses and would provide the most suitable building sites; and WHEREAS, the City Council finds that the requested reduction of lot area for one of the lots from 11,200 square feet to 6,800 square feet where the average cross slope of the property requires a 2 acre lot is not appropriate; NOW THEREFORE, the City Council resolves that Minor Subdivision No. 78 -84 is denied. On motion of Councilman.Petterson , 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: City rk J.H. Fitzpatrick pted this 7th day of June , 1978. r Kenneth E. Schwartz R 3578 _Resolution No. 3578c, Minor Sub. 78 -84 Page 2 Approved as to form: WENDT, MITCHELL, SINS de la MOTTE & LILLEY City Attorney By O Approved as to form: City E neer RESOLUTION # 3577 (1978 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RELATIVE TO THE CITY'S ANNEXATION INTO THE ARROYO GRANDE RESOURCE CONSERVATION DISTRICT. WHEREAS, the Council of the City of San Luis Obispo has been requested by the Local Agency Formation Commission to comment on the proposed annexation of the City into an expanded Arroyo Grande Resource Conservation District; and WHEREAS, the city is supportive of the objectives of the Resouree:.Conservation District with respect to regional planning for sound soil conservation practices; and WHEREAS, the city recognizes that participation of this community within such an entity will enhance opportunities for conservation grant programs including possibly the Laguna Lake Enhancement Program; NOW THEREFORE BE IT RESOLVED, that the City Council of San Luis Obispo hereby supports annexation into the Arroyo Grande Resource Conservation District, provided that: 1. that the Resource Conservation District change its name to more accurately reflect its new geographic coverage, and 2. re- examine its representation to insure that there will be equal representation from all parts of the expanded Resource Conservation District. On motion of Councilman Settle seconded by ROLL CALL: Councilman Dunin Ayes: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz Noes: None Absents None R 3577 The foregoing resolution was passed and adopted this 7th day of June , 1978. ATTEST: ,j:r.' U erk H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILL4 City Attorney By drs Approved as to content: • City Administrative 0 -cer Community D elopme Director RESOLUTION NO. 3576 (1978 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO TO INITIATE PROCEEDINGS FOR REVIEW AND CONSIDERATION OF THE FERRINI ANNEXATION PROJECT WHEREAS, On April 19, 1978 the San Luis Obispo County Local Agency Formation Commission (LAFCo) reviewed the proposed Ferrini Annexation project (see Exhibit "A "); and WHEREAS, LAFCo has completed proceedings consistent with Chapter 2 of the Municipalities Organization Act of 1977; and WHEREAS, LAFCo has authorized the City of San Luis Obispo, as conducting authority, to complete the annexation of the Ferrini property without further public notice, hearings, or elections. NOW THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo as follows: SECTION.1. Consistent with LAFCo's recommendations, a public hearing shall be scheduled on June 20, 1978 at City Hall to consider the prezoning of the Ferrini Property which is subject to further consideration for annexation by the city; and SECTION 2. Consistent with Article 2, Section 35200 of the Municipalities Organization Act of 1977, proceedings shall be initiated to formally consider the annexation of the Ferrini Property at a City Council public hearing on July 5, 1978, 7:30 p.m. at San Luis Obispo City Hall. On motion of Councilman Petterson seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmen Dunin, Jorgense4, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None R 3576 Resolution No. 3576 Ferrini Annexation Project Page 2 ,J The foregoing Resolution was passed and adopted this 5th day of June , 1978. ATTEST: ty Clerk, J:H. Fitzpatrick Approved as to form: Wendt, Mitchell, Sinscheimer, de la Motte and Lilley, City Attorney By Allen Grimes Approved as to content: City Administrative Of cer Community VeVelop efit Department • I, tv' l : j rf /j :�y. 1/. \( \ \,'� � I Y 1 `\ �. �% ' •: it 1 � � __,! .i `;i �`�', � \ Nom•' UP j. `,�a. j y', � h � I q T ..C�.. C IY � M /�( � /�•„� '�..1;I�j.l 7 i6}�' ,_ �` �1 `T_ �'� 11 '% 4;}i °v < vim., �:v ^))• ��t�� _ \„ C 0. SCSI \ `�' 7 9r' 7 r< ^rJ Y• Yt�i \�Z' � (1 (, �.- \\ \� � "! rill r�1��0/ �. G.ri'r � \�� \ \. ��i �r ; \+ _ / . • �� \,;� II�'{� p ` 'II"' � �' � 1 �� ' l / � / /. I i_ �`�•./ �� E�,, /��'s^� \•( a ( �� 1/ , � kkr/(� (Y � .'' I fT� �I �1.�\ I \ � � "� I1 n�i mmum ('aO`_Yrl . I'.f� "- I�'��'� �I - `�'� \' i �'I�1.1\ \:: I'� -� ..n��iy�• °�I%J :�jv)�:J ��_ �'i � / I �;r . i Cum l / / '. .� \ � .5 G' r ti�� / �.Ki =.. �' ''• ®,. /. // /. RESOLUTION NO. 3575 (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, the proposed amendment has 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 have been evaluated and the resulting environmental documents have been made available to decision - makers and the public; and, WHEREAS, each part of the amendment was considered at a public hearing held May 10, 1978, and each item was acted upon by motion and roll call vote recorded in the minutes of that meeting; and, WHEREAS, the amendment is fully described in Exhibit A (21 map items) and Exhibit B (text change), 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 May 10, 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 3575 Resolution No. 3575 (1978 Series) (4) These amendments shall take effect thirty days from the date of adoption of this resolution. On motion of Councilman Petterson seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Petterson, Settle, Dunin, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution-was passed and adopted this 30th day of May , 1978. ATTEST: Ci er• .H. Fitzpatrick Approved as to form: WENDT,_MITCHELL, SINSHEIMER, de la MOTTE.& LIL LEY City Attorney a By Allen Grimes Approved as to content.: City Administrative ficer Community D ve opment Director w 0 aJ w co a K x N 4— O N L cc CL F- m X W A 7 sj I—K \L� • V. 1 X,, EKMTT B .� b. The City should encourage and assist County and State - efforts to monitor and influence significant alterations to local and regional economic base and seek to balance employment or enrollment distribu- tion changes with commensurate residential development distribution. - -Cal Poly University and Cuesta Community College should not increase their respective 1980 master- planned enroll- ments of 15,000 and 5,000 Full Time Equivalent unless coordinated with County and City General Plan Revisions. - -The City should consider adoption of the general„ specific and special plans for Camp San Luis Obispo, E1 Chorro Regional Park, Cuesta Communi.ty College,.California Mens Colony and Cal Poly and facilities adjoining the City's planning area boundary although they are not an integral part of the San Luis Obispo planni.ng area., Because of their proximity and important influence upon economic base, land use composition, circulation and related community concerns, the City should suggest revi- sions and consider amendments to these County and other agency plans to insure that they are compatible with and complementary to the San Luis Obispo General Plan. When adopted by the City as well as the County, these revised plans would be considered as supplementary specific plans composing part.of the San Luis Obispo General Plan. c. The City should provide for infill, intensification, and expansion within the present City limits and provide for future minimized out- ward urban expansion within the unincorporated urban reserve which can be efficiently served by urban "infrastructure" improvements. Urban development should be programmed to assure that adequate water supply, sewage treatment, fire and police, schools and recreation facilities and other public facilities will be available to serve the composition and configuration of uses provided in a safe and efficient manner. - -The County should prevent scattered rural residential, industrial or other nonagricultural "developments outside the urban reserve. Within the unincorporated portions of the urban reserve the County should work jointly with the City to assure that development proposals are consistent with growth management and land use objectives of-the General, Plan. -The City should coordinate its annexation of any additional territory and its approval of any urban developments in expansion areas within the corporate limits with the improvements of urban service systems. A specific plan shall be required prior to annexation. No annexa- tions of major unincorporated expansion areas should be authorized until water supply and treatment and sewage collection and treatment facility needs can be met in addition to the planned urban use capacity of incorporated areas. No committments'to urban development of incorporated expansion areas should be authorized until water, sewer, access and other public.facilities and services can be provided con- currently. -- Specific plans should be required for the .,Edna and Islay Hill residential expansion areas before allowing"'developments to proceed. 8 RESOLUTION NO. 3574 (1978_ Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND JOHN E. KING, CAROLE D. KING, CHARLES VINCENT CROOKS AND LAURA H. CROOKS FOR A COMMON ACCESS DRIVEWAY TO HELENA STREET. 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 John E. King, Carole D. King, Charles Vincent Crooks and Laura H. Crooks for a common access driveway serving parcels owned by them to Helena Street 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 Recorder, the Community Development Department, Chief Building Inspector and owners of the property. On motion of Councilman Petterson seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen,affdtRetter:sond Mayor Schwartz NOES: Mayor Schwartz ABSENT: Councilman. Settle the foregoing Resolution was passed and adopted this 16th day of May ,. 1978. ATTEST: y Clerk J.H. Fitzpatrick R 3574 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LI LEY City Attorney F By Allen Grimes Approved as to content: City Administrative fficer Community D.velopme Department 1 2 3 4 5 6 7 8 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT CREATING EASEMENT FOR COMMON DRIVEWAY THIS AGREEMENT, between the CITY OF SAN LUIS OBISPO, a Municipal Corporation. (hereinafter referred to as "CITY ") and JOHN E. KING, CAROLE D. KING, CHARLES VINCENT CROOKS and LAURA H. CROOKS (hereinafter referred to as "OWNERS "). WITNESSETH WHEREAS, OWNERS have an interest, either as owner or encumbrances, in the following described real property situatd4&;1 in the City of San Luis Obispo, County of San Luis Obispo, State of California to wit: Lot 16 and a portion of Lot 15 in Block 2 of Goldt -ree Vineyard Tract, in the City of _San Luis Obispo, County of San Luis Obispo, State of California, according to the Map recorded September 30, 1893, in Book 1, Page 14 of the Record of Survey and appurtenant to the new .Parcel Map Number SLO -77 -66 Lots 1-and 2. WHEREAS, OWNERS desire to construct single family resi- dences on Lots 1 and 2 and 3 and'4; and WHEREAS, CITY,•as a condition of said development, requires the creation of a common driveway easement to serve said Lot l and Lot 2 for the benefit of each of them, and for the benefit of OWNERS; NOW, THEREFORE, the parties hereto agree each with the other as.follows; 1.. OWNERS hereby dedicate an easement for a common 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 28 I driveway over Lots 1 and 2 as described in the attached map desig- nated as Exhibit "A" which is hereby incorporated in and made.a part of this agreement. Said common driveway shall exist in favor of each of Lot 1 and Lot 2 as shown on said Exhibit "A ". 2. OWNERS and future owners hereby agree to comply with . the following terms and conditions: a. To equally participate in the improvement, maintenance and repair of said driveways. b. Prohibit all parking on the common access portions, - C. Agree, jointly and individually, to reimburse the CITY of San Luis Obispo for all costs connected with removal of vehicles from the common access portions, and will reimburse the CITY for, and hold the CITY harmless from, all final judgments against the CITY for damages or other liability arising from the enforcement of the.aforesaid prohibition against parking. d. OWNERS understand that the CITY cannot regulate vehicle usage or hazards upon said common access driveway and agree jointly and individually, to. defend and hold the CITY harmless from all claims for damages or liability arising from the alleged failure of the CITY to regulate vehicles or to provide protection hazards upon said driveway. e. Repair any portion of. said driveway that is -2- T 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 27 28 I driveway over Lots 1 and 2 as described in the attached map desig- nated as Exhibit "A" which is hereby incorporated in and made.a part of this agreement. Said common driveway shall exist in favor of each of Lot 1 and Lot 2 as shown on said Exhibit "A ". 2. OWNERS and future owners hereby agree to comply with . the following terms and conditions: a. To equally participate in the improvement, maintenance and repair of said driveways. b. Prohibit all parking on the common access portions, - C. Agree, jointly and individually, to reimburse the CITY of San Luis Obispo for all costs connected with removal of vehicles from the common access portions, and will reimburse the CITY for, and hold the CITY harmless from, all final judgments against the CITY for damages or other liability arising from the enforcement of the.aforesaid prohibition against parking. d. OWNERS understand that the CITY cannot regulate vehicle usage or hazards upon said common access driveway and agree jointly and individually, to. defend and hold the CITY harmless from all claims for damages or liability arising from the alleged failure of the CITY to regulate vehicles or to provide protection hazards upon said driveway. e. Repair any portion of. said driveway that is -2- K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i 19 20 21 22 23 24 25 26 27 28 damaged through the intention or negligent acts of said party, or parties or his or their licenses and. invitees. 3. Parties agree that these easements are superior and paramount to the,.rights of any of the parties in the -respective servient estates so created, and that it is a covenant running with the land. DATE: September 23, 1977 NOTARY: State of California County of San Luis Obispo On September 23, 1977, before me, the undersigned, a Notary Public in and C`�� ZL - Carole D: Ki for said County and State, personally appeared John E. King, Carole D.; King, Charles Vincent Crooks, and Laura H. jt<C._ Crooks, known to me to be the persons Charles Vincent Crooks whose names are subscribed to the within instrument and acknowledged �JJ that they executed the same_. LaurL x Crooks e Offieid Seal EFFIE R. McDERMOTT . NOTARY PUBLIC - CALIFORNIA SAN LUIS OBISPO COUNTY My Commission Expires September 9, 7978 _ Approved as to form: WENDT, MITCHELL, SINSAtIMER, de la MOTTE & LILLEY City Attorne By Allen Grimes DATED: May 17, 1978 CITY. OF SAN LUIS OBISPO sl KENNETH E. SCHWARTZ Mayor APPROVED AS TO CONTENT: City Administr ive Officer Community Develo ment Driector -3- I$ EX i I AUGUSTA 57 HELENA ST. 44.. rl ze -R -4000' A = 24.7 °06 53' L = 172.52. d °33'33'26' L=11.71 . - i - : I PROPEL? H 0 uEFn--on-,v7- Ti t z 0 FU CtiN Lr Q V- I z u Ell 7 Ii co I f T 7 ., z 0 FU CtiN Lr Q V- I z u Ell 7 Ii G� RESOLUTION NO. 3573 (1978. Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND JOHN E. KING, CAROLE D. KING, CHARLES VINCENT CROOKS AND LAURA H. CROOKS FOR A COMMON ACCESS DRIVEWAY TO AUGUSTA STREET. 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 John E. King, Carole D. King, Charles Vincent Crooks and Laura H. Crooks for a common access driveway serving parcels owned by them to Augusta Street 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 Recorder, the Community Development Department, Chief Building Inspector and owners of the property. On motion of Councilman Petterson seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, and:tFettersQn! Mavor Schwartz NOES: Mayor Kenneth E. Schwartz ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 16th day of May , 19 78. a ATTEST: i� �. :- /. -,W j .. R 3573 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes Approved as to content: •- City Administrative fficer Community DAvelopmeAt Department 1 . 2 3 4 5 6 7 8 9 10 • 11 12 13 14 15 T. 17 18 19 20 21 22 23 24' 25 26 27 28 AGREEMENT CREATING EASEMENT FOR- COMMON_.DRTVEWAY THIS AGREEMENT, between the CITY OF SAN LUIS OBISPO, a Municipal Corporation (hereinafter referred to as "CITY") and JOHN E. KING, CAROLE D. RING, CHARLES VINCENT.CROOKS and LAURA H. CROOKS (hereinafter referred to as "OWNERS"). WITNESSETH: WHEREAS, OWNERS have an interest, either as owner or' encumbrances., in the following described real property situated in the City of San Luis Obispo., County of San Luis Obispo, State of Caifornia to wit.: Lot 16 and a portion of Lot 15 in Block 2 of Goldtree Vineyard Tract, in the City of San Luis Obispo, County of San'Luis Obispo, State of California, according to the Map recorded September 30, 1893, in Book 1, Page 14 of the Record of Survey..and appurtenant to the new Par- cel Map Number SLO -77 -66 Lots 3 and 4. WHEREAS, OWNERS desire to construct single family resi- dences on Lots 1 and 2 and 3 and 4; and WHEREAS, CITY, as a condition of said development, requires the creation.of a common driveway easement to serve said Lot 3 and Lot 4, for the.beinef't of each of them, and for the benefit of OWNERS; NOW, THEREF03E, the parties hereto agree each with the other as follows: li OWNER hereby dedicate and easement for a common -1 1 2 3 4 5 6 7 8 9 10 • 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 driveway over Lots .3 and 4 as described in the attached map desig- nated as Exhibit "B" which is hereby incorporated in and made a part of this agreement. Said common driveway shall exist in favor of each of Lot 3 and Lot 4 as shown on said Exhibit "B ". 2. San Luis Obispo Coastal Unified School District hereby dedicate an easement for a common driveway to Lots 3 and 4 as described in the attached map designated as Exhibit "B" which is hereby incorporated in and made a part of this agreement. Said common driveway shall exist in favor of each of Lot 3 and Lot 4 as shown on said Exhibit "B ". 3. OWNERS and future owners hereby agree to comply with the following terms and conditions: a. To equally participate in the improvement,' maintenance and - repair of said driveways. b. Prohibit all parking on the common access portions. C. Agree, jointly and individually,, to reimburse the CITY of San Luis Obispo for all costs connected with removal of vehicles from the common access portions, and will reimburse the CITY for, and hold the CITY harmless from, all final judgments against the CITY for damages or other liability arising from the enforcement of the aforesaid prohibition against parking. d. OWNERS understand that the CITY cannot regulate vehicle usage or hazards upon said common access driveway and agree jointly and individually, to -2- '1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15 16 : 17 18 19 20 21 22 23 24 25 26 27 28 defend and hold the CITY harmless from all claims for damages or liability arising from the alleged failure of the CITY to regulate vehicles or to provide protection hazards upon said driveway. e. Repair any portion of said driveway that is damaged through the intention or negligent acts of said party, or parties, or his or their licenses and invitees. 4. Parties agree that these easements are superior and paramount to the rights of any of the parties in the respective servient estates so created, and that it is a covenant running with the land. = DATE: September 23, 1977 C NOTARY: State of California County of San Luis Obispo On September 23, 1977, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John E. King, Carole D. King, Charles Vincent Crooks, and Laura H.. Crooks known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. EFRE R. McDE.RMOTT NOTARY PUBLIC - CALIFORNIA ��— SAN LUIS OBISPO COUNTY My Commission Expires 197-S Approved as t form: WENDT, MITCHE SINSHEIMFR, de la MOTTE & ILLEY City�ttorney • B .A en Grimes -3- fcWata H'. Crooks DATED: May 17, 1978 CITY OF SAN LUIS OBISPO: sT [:.LNETH E. SCHWAgn Mayor APPROVED AS TO CONTENT: A; �NA City Administ tive Officer Community Devel epiffent Director it 0 M Ell D� 3 2F, No 3 n -4 () M c Z 97 :4 Cm m I lu A 113 A j 6. m ID AUGUSTA BT. CKx�-5 ♦1c N.%3 AUGUSTA s-T. 4, =33033'26'* (.71 L )PE:P.7 V If -(Oc Recording requested by -, and when recorded mail-to: 'John E. King, et al Railroad Square, Suite K Sa L Ob' r 93401 02241�30FF E00010.00 RPP o2241¢30; E00003.30 TAX 02241m30� E00013.30CA om No. 14'729 OFFICIAL RECO/R�M� SAN LUIS O8RW W., CAL MAR 3 01978 n ups ispo, a. WILLIAM E. ZIMARIK COUNTY RECORDER Flail tax statements to: TIME 2 O ne undersigned declares at 6600cumentary I same Tax payable hereon is GRANT OF EASEMENT Computed on lull value of property conveyed. — Computed on lull value less liens and eacumbtlaM remainin at ' e Signature A-= e ='!t"= THIS AGREEMENT made this 6th day of September, 1977, by and between Charles Vincent Crooks, Laura H. Crooks, John E. King and Carole D. King, hereinafter referred to as "Grantee ", and San Luis Obispo Coastal Unified School District, hereinafter referred to as "Grantor ". WHEREAS, Grantor is the owner of certain real property commonly known as 2775 Augusta Street, San Luis Obispo, California hereinafter referred to as "Servient Tenement," and described as follows: That portion of the South half of Section 36, Township 30 South, Range 12 East, Mount Diablo Base and Meridian of the Orcutt Subdivision, according to map made by H. Dittrick, in June 1894, and recorded June 22, 1894, in Book 1, at page 19 of Record of Surveys. WHEREAS, Grantee is the owner of certain real property commonly known at 2701 August,:,$treet; San Luis Obispo, California, hereinafter referred to as the "Dominant Tenement," and described as follows: Lot 16 and a portion of Lot 15 in Block 2 of Goldtree Vineyard Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to Map recorded September 30, 1893, in Book 1, Page 14 of Record of Survey and appurtenant to the new Parcel Map Number SLO- 77-66. WHEREAS, Grantee desires to acquire certain rights in the Servient Tenement; NOW, THEREFORE, it is agreed as follows: Grant of Easement 1. For valuable consideration of $3,000.00 (Three Thousand Dollars and no /100) and the construction of a fence at an estimated cost of $1,700.00 (One (A fence approved by the district.) Thousand Seven Hundred Dollars and no /100), Grantor hereby grants to Grantee an easement as hereinafter described. Character of Easement 2. The easement granted herein is appurtenant to the Dominant Tenement. Description of Easement 3. The easement granted herein is a right for ingress and egress, and utility services. ,.y L%P -2050 PAGE 8UU n \J Location 4. The easement granted herein is located as follows: That portion of South West 1/4 of- Secti -on 36 T30S_ RUE, MDM San Luis Obispo County and State of California, described as follows: Beginning at point in North East Line of Helena Street being the South West corner of Lot 6 Block 8 Tract 87 5/93 Maps, thence South 89 degrees 31' East along the Southern line of said lot and Easterly extension thereof following the southerly line of Lot 16 Block 2 Goldtree Vineyard Tract as shown on Record of Survey 10/18 a distance of 103.26' to a point in the South line of Lot 16 Block 2 Goldtree Vineyard Tract, thence South to a point in a line parallel with and distance 20' South of aforementioned Southerly line, thence along said parallel line North 89 degrees 31' West a distance of 75.88' to a point in North East line of Helena Street, thence North West along said North East line of Helena Street to point of beginning. Furthermore, that portion South West 1/4 Section 36 T30S RUE, MDM, City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Beginning at the South East corner of Lot 1 Block C Tract 87 per 5/93 maps being a point in South West line of Helena Street as shown on maps for said tract, thence South 36 degrees 14' East along the South Easterly extension of Helena Street for a distance of 44.76' to the beginning of a tangent curve, concave South Westerly, having a radius of 201, thence South East and South along said curve through a central angle of 33 degrees 33' 2611, an arc distance of 11.71' to the beginning of a reverse curve, concave Northwesterly, having a radius of 401; thence South East, East, North East, North and North West along said reverse curve, through a central angle of 247 degrees 06' 53 ", an arc distance of 172.52' to the beginning of a second reverse curve, concave North Easterly, having a radius of 20'; thence North West along said second reverse curve to the South West corner of Lot 6 Block B Tract 87 per 5/93 maps being a point in North East line of Helena Street; thence North 89 degrees 31' West a distance of 74.86' to point of beginning. Secondary Easements 5. The easement granted herein includes incidental rights of maintenance, repair, and replacement, described as follows: Grantee has the right to repair roadway for ingress and egress and all utility lines. Entire Agreement 6. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any LVOL2058 PAGE 867 U oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Attorney's Fees 7. In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs. Binding Effect 8. This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. MISCELLANEOUS 9. Notwithstanding any other provision of this Grant of Easement: a. The easement granted hereby and any and all parts thereof shall not be used for commercial or industrial purposes; and b. The easement granted hereby and any and all parts thereof shall not be used for the benefit of any other property than the dominant tenement described herein; and c. As further consideration for this Grant of Easement, Grantee and each of them hereby jointly and severally, with the intention of binding themselves and their heirs, legal representatives, transferees and assigns, hereby expressly release(s) and discharge(s) Grantor and it assigns, transferees, officers, agents and employees, from ' any and all claims, demands, liability, actions, judgments, and executions, that Grantee or any of them and /or their heirs, legal representatives, transferees and /or assigns, may have or claim to have, known or unknown, or anyone claiming through or under such person or persons or any of them may have or claim to have, against Grantor and /or its assigns, transferees, officers, agents and /or employees, created by, or arising out of, in any manner, this grant of Easement or any use of said easement or any work done on, in, under or over said easement; and d. As further consideration for this Grant of Easement, Grantee and each of them hereby jointly and severally agree(s) to defend, indemnify and save harmless Grantor and its officers, agents and employees, from and against any and all claims, demands, liability, L VOL205 PAGE O69 costs, expenses, damages, causes of action and judgments, in any manner arising out of this Grant of Easement, or out of any performance or attempted performance of the provisions hereof, including but not limited to any act or omission to act by Grantee, or any of them, or their and /or his and /or her agents or employees or independent contractors directly responsible to Grantee or any of them; and e. In the event Grantee, or any of them, or their agents, employees, or independent contractors directly responsible to Grantee or to any of them, in any manner injure or destroy any of Grantor's property while Grantee, or any of them, or their agents or employees or independent contractors are in any manner carrying out any act or omission to act, or are in any manner using said easement, under this Grant of Easement, then and in that event Grantee and each of them shall be jointly and severally liable to pay to Grantor the full cost of repairing and /or replacing such property, within.thirty (30) days after receiving a bill therefor from Grantor; and f. This Grant of Easement shall be binding on the heirs, successors, trustees, legal representatives, executors, transferees and assigns of the parties hereto; and g. No waiver by Grantor of any failure by Grantee, or any of them, to comply with any term or condition of this Grant of Easement, shall be or shall be construed to be a waiver by Grantor of any similar or other failure by Grantee, or any of them, to comply with any similar or other term or condition hereof. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR: San Luis Coastal Unified �School District ATTEST: 11� /� / BY: . William H. MeAnan, Supertendent (name and title) GRANTEE: & &JOA42.01 Laura H. Crooks LYM205� PAGE �tJ� O ACKNOWLEDGMENT STATE OF CALIFORNIA )ss. COUNTY OF SAN LUIS OBISPO ) On this 30 day of �' 197$, before me the undersigned notary public in and for said County and State, personally appeared Dr. William H. Newman, known to me to be the Superintendent of San Luis Coastal Unified School District, a political subdivision, and known to me to be the person who executed the within instrument on behalf of said political subdivision, and acknowledged to me that such political subdivision executed the same. In witness whereof I have hereunto set my hand and official seal on the day and year first hereinabove in this acknowledgment.set forth. AUDREY M. SMITH „• NOTARY PUBLIC Ny' Carardagm SAN LUIS OBISPO COUNTY CALIFORNIA i #qn duly j 6,, ,1977,0 (Seal) Notary Public in and for said County and State VOL20M PAGE O70 ACKNOWLEDGMENT STATE OF CALIFORNIA ) )ss. COUNTY OF SAN LUIS OBISPO) On this 27th day of March , 197$', before me the undersigned notary public in and for said County and State, personally appeared John E. King Carole D. King , Charles Vincent Crooks and Laura H. Crooks , known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. In witness whereof 'I have hereunto set my hand and official seal on the day and year hereinabove in this acknowledgment set forth. (Seal) EFFIE R. N:DZ-?NA0TT ' "••''OTA ?Y PWLIC - CALIFORN SAN LUIS 0Ei5Pp COUNTY M► ComniUioa E:y;,p Septembw 9, In# Notai'y►1'.Publ i s i n and for said County and State, Effie R. McDermott - VoE2058 PAGE 871 ,t '.5. a t w 3 O s Io iV� a O A e n y . J V co ON s . a i sal Oc,' OZ \\ 5C I �p5 \ tis y v ' 30 b � >'�� \\ •' area 0o g �G m A R e� p L VOL2050 PAGE 872 • p( •Y I t Pi 1 1. Z Z O A c� NTN � M N Q A q N ZR n o. 1., O H r t. AL AUGUSTA ST. SCAI.E.l "= 100° S. slNSH(EMER SCHOOL Y ' PROPER7 Y OLD odd R+ 40.001 HELENA ST. 4 * 247706 531 44.76 L = 172.52 c';:•.. . 20.00 6=33033'26" L -11.71 Y1 5 ` r . END OF DOCUMENT sTATE.oF CALIFORNIA voL2058 PAGE 873. Cou M of SM Luis OBISPO) 1. Wm. £ Zlmarik Recorder of San Luis Obispo Counhl, - CAW,da hbreby oertdy that I'have'coin*Q the,��' ": going docu rrt ........ ith the origins record in Voi ai�°w - at Page _Sa. - ar1C' 1 that it Is ,`. a full, true and correct transcript of the Artie. Witness my h d and,pfficiai seal ttft day of ... .. ........... .... r....—. ..... Y .. Mfrn. E Lmad a. -,. r ., .•.. RESOLUTION NO. 3572 (1978 Serfs) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 78 -85, LOCATED AT 1348 CECELIA COURT. 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 -85 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 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. 78 -85 be subject to the following conditions: (1) All new lot corners shall be staked by a registered civil engineer or licensed surveyor. (2) Final map shall show minor creek channel and existing channel improvements (box culvert, headwall, etc.) accurately to the satisfaction of the city engineer. (3) Subdivider shall grant an easement over the creek channel for drainage and maintenance purposes. Said easement shall not include vehicular equipment access unless approved by the property owner_ The exact dimensions of the _ easement shall be as required by the city engineer. On motion of rounnilman P t erson� seconded by rounrilman Dunin f and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Settle R 3572 • Resolution No. 357b. �J Minor Sub. 78 -85 Page 2 the foregoing resolution was passed and adopted this May , 1978. ATTEST: c� C le'r Fitzpatrick Approved as to form: WENDT, MITCHELL, SI SHEIMER de la MOTTE & LILLE City Attorney By Allen Grimes 16th day of Approved as to content: r�r . City ng' er RESOLUTION NO. 3571 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUB- DIVISION NO. 78 -09., LOCATED AT 150 CERRO ROMAULDO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1.. That this Council, after consideration of the tentative map of Minor Subdivision No. 78 -09 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. SECTION 2. That the approval of the tentative map for Minor Subdivision 78 -09 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 pay water frontage and acreage fees as determined by the city engineer. (3) Subdivider shall pay park i_n -lieu fees in the amount of $300 for Parcels B and C. (4) All new utilities shall be installed underground. (5) Subdivider shall install individually metered water service to each lot. Meters shall be clustered in sidewalk at property frontage. (6) Subdivider shall construct common driveway from Cerro Romauldo to Lot C as depicted on the tentative parcel map.*.Pavement shall be constructed to city standard.as a public street. (Traffic Index 4) (7) Subdivider shall grant to the city an offer,of dedication of the driveway (25' width. .-including curb radius and cul- de'- sac:per tentative map.), (8) City would grant encroachment permit for existing wall when street is dedicated. (9) Subdivider "shall construct an eight inch,(811) water main from Patricia. Drive to an existing fire hydrant at Cerro Romauldo. (Subdivider has volu A nteered this to eliminate 604 - deficiency - applicant has received quartednds) (10) —Water line in half street driveway shall be six-inch (6 ") main (per city utilities engineer). (11) Subdivider shall dedicate easement over creek on the rear of the property per city engineer. (12) Subdivider shall offer to dedicate drainage easement from end of half street driveway to creek. (13) Street lighting and street trees shall be provided per city standards. DS:ktm R 3571 4/20/78 On motion of Councilman Petterson seconded by Councilman D_unin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Settle the foregoing resolution was passed aid adopted this 116th day of. May - 1978. ATTEST: C' Fitzpatrick Approved as to form: WENDT, MITCHELL, INSHEIMER, de la MOTTE 6 LIL_ Y City Attorney By Allen Grimes E. Schwartz Approved as to form: 'City Engier t -2 DS :.ktm 4/20/78 i Resolution No. 3571 (1978 Series) Tentative Minor Subdivision'78 -09 (14) Existing frontage improvements on Cerro Romauldo shall_. be repaired to satisfaction of city public services director. (15) A stop sign shall be required at Cerro Romauldo. (i6) A note on the final.map shall.require all structures on Lots B and C to be set back 20 feet from the cieek bank. (17) Soils report shall be provided. (18) Dr- iveway half street shall be painted and posted to prohibit parking per city fire department. On motion of Councilman Petterson seconded by Councilman D_unin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Settle the foregoing resolution was passed aid adopted this 116th day of. May - 1978. ATTEST: C' Fitzpatrick Approved as to form: WENDT, MITCHELL, INSHEIMER, de la MOTTE 6 LIL_ Y City Attorney By Allen Grimes E. Schwartz Approved as to form: 'City Engier t -2 DS :.ktm 4/20/78 i RESOLUTION NO. 3570 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING STANDARD DETAILS FOR CONSTRUCTION OF PUBLIC WORKS PROJECTS AS PREPARED BY THE ENGINEERING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Councii hereby approves a booklet pre- pared by the Engineering Division of the Community Development Department setting forth City standards for construction of public works projects, entitled "Standard Details," attached hereto marked Exhibit "A" and incorporated herein by reference. SECTION 2. The Community Development Department is hereby authorized-td prepare and maintain a supply of said booklet for distrib`u'tion. On motion of Councilman Petterson , seconded by Councilman ,Dunin and on the following 'roll call vote AYES: Councilmen Dunin, Jorgensen,. Petterson and Mayor Schwartz NOES: None -j ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 16th day of May 1978. ATTEST: Ci C -erk J.H. Fitzpatrick ktm 5/8/78 R 3570 Resolution No. 3570 Approved as to form:. WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LIL�EY City Attorney By (1978 Series) Approved as to content: City Administrative Aficer Director of Public Services ktm 5/8/78 -2- RESOLUTION NO. 3569.(1978 Series) O/Pi_I. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A THREE -YEAR AGREEMENT WITH' THE COOPERATIVE PERSONNEL SERVICES OF THE STATE OF CALIFORNIA. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That an agreement between the Cooperative Personnel Services of the State of California and the City of San Luis Obispo is hereby approved for renewal for a three -year period commencing July 1, 1978. 2. The Mayor is hereby authorized and directed to execute said agreement on behalf of the City of San Luis Obispo. On motion of - -Councilman .Petterson, seconded by Councilman Dunin - , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Settle the foregoing Resolution was passed and adopted this 16th day of May , 1978. ATTEST: A&It�y Clerk J:H. Fitzpatrick R 351;- �_ o 6mot.. (1978 Series)J Resolution No. 35.64: Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney • City Administrative fficer By Allen Grimes Personnel Direct i �2- I COST SERVICE CONTRACT AGRED(ENF THIS AGREEMENT, made and entered into this day of 1978 ,,at Sacramento, County of Sacramento, State of California, by and betveen the STATE PERSONNEL BOARD, through Its duly appointed, qualified and acting Executive Officer or his authorized representative, hereinafter called the Board, and the City-of San Luis Obispo- , hereinafter called the Local Agency. WITNESSETH That the parties, for and in consideration of the covenants, conditions, agreements, and stipulations expressed, and pursuant to authority contained in Section 18707, Government Code, hereby agree to the conditions as found in attached "Cost Services Contract Rules and Procedures" marked as Exhibit A and "Written Examination Price List" marked as Exhibit B which are incorporated herein by reference and made a part hereof. Exhibit B may be amended by the Board from time to time without renegotiating the contract. Further, the parties agree that the Board shall, as a normal course of action, submit invoices covering those servicee rendered during a calendar month, and the Local Agency agrees to pay such invoices within thirty days following receipt thereof. The provisions of the attached Fair Employment Practices Addendum, Standard Form 3 (4/65), are incorporated by reference and made a part of this contract. The term of the contract commences July 1, 1978 and terminates June. 30,, 1981 This contract may be terminated by either party upon giving the other party 30 days written notice of termination. In the event of-termination, the Board will be paid such amount As is due under the contract to and including the er fective date Of termination. Approved as to form: WENDTj MITCHELL, SINSHEIMER, de la MO= & LILLEY City Attorney t. By Allen Grimes 5/76 Mans ger., Cooperative Personnel Services -Title LOCAL iW- City of San Luis Obispo Name of Agency By-,. - s/ _KENNZ-TH E. SCHWARTZ Kenneth E. SchwafNP mayor Title Approved as to content: City Administrative OffTc7R-- _ .Personnel, Direct >_ J RESOLUTION NO. 3568 (1978 Series) A RESOLUTION_ OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO THANKING THE MEMBERS OF THE AD_ HOC CITY -CAL POLY HOUSING COMMITTEE FOR THEIR SERVICE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: This Council hereby expresses its gratitude to the foliowing members of the Ad Hoc City -Cal Poly Housing Committee for their service: LARRY ROBINSON, SAM.PENTZ, ROBERT TIMONE, WALT LAMBERT, DEAN MILLER, GAIL SORENSON, ELIZABETH ZEVELY, HARRY BUSSELIN, JOE ARSENIO, STEVE NELSON, and NATHAN LEVIN. SECTION 2. The City Clerk is directed to prepare certificates of recognition for the time spent by these individuals -.in their study of the housing situation w thin�the city. On motion of Councilman Petterson seconded by Councilman Dunin_ and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, and Mayor Schwartz NOES • None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 16th_ day of May , 1978. ATTEST: City erk J.H.. Fitzpatrick. APPROVED AS TO FORM CITY ATTORNEY ayor Kenneth E. Schwartz Approved as to content: City Administrative -0 cer RESOLUTION NO. 3567 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, STATING.THE POSITION OF THE CITY IN REGARD TO ITS CONTINUING DESIRE TO ACQUIRE THE SALINAS DAM.AND RELATED FACILITIES. WHEREAS, it has come to the City's attention that the Department of the Army, Corps of Engineers, and the San Luis Obispo County Flood Control and Water Conservation District have:undertaken negotiations which, if. carried to fruition, will culminate in the transfer of the ownership of the Salinas Dam and related facilities known as the Salinas River Dam Pro- ject from the Department of the Army to the County of San Luis Obispo; and WHEREAS, the City of San Luis Obispo wishes_ to go on record that its rights, needs and desires be given appropriate consideration in any such negotiations; and WHEREAS, the Salinas River Dam Project was constructed for the purpose of serving Camp. San Luis Obispo in 1941; and WHEREAS, with the close of Camp San Luis Obispo, water developed by this project became surplus to the Federal needs; and WHEREAS, the City of.,San Luis Obispo, needing an enlarged and.dependable water supply to accommodate growth,. did apply for and receivePermit No. 5882 dated October 9; 1941, from the State Division of.Water Resources and WHEREAS, said water permit grants to the City of San Luis Obispo the right to store 45,000 acre feet per year and to divert directly 12:4 c.f.s. which in effect gives the City of San Luis Obispo the right to the full.safe annual yield from the Salinas RGM:ktm 5/11/78 R 3567 Resolution No. 3567 (1978'Series) Reservoir subordinate only to an identical senior permit, No. 5881, issued to the Department-of the Army, Corps of Engineers; and WHEREAS, the City of San Luis Obispo has, since 1944, been using this water beneficially and prudently in increasing amounts to serve domestic purposes; and WHEREAS, the City of San Luis Obispo has been paying all costs of the operation and maintenance of the dam and water delivery facilities including a recent $165,000 seismic .study of the dam; and WHEREAS, the City of San Luis Obispo has at all times tub- scribed to the operation criteria for the Salinas Reservoir re quired for conformance with all laws and rights, of 'others who have legal interests in the waters of the Salinas watershed; and WHEREAS, the safe, annual yield of the Salinas Reservoir represents over 70% of the total water supply presently available to the City of San Luis Obispo; and WHEREAS, the City presently also operates the Whale.Rock Reservoir and has personnel experienced in.domestic water reser- voir management operation; and WHEREAS, in order to provide a more acceptable water sup- ply to its' water treatment plant the City needs to have direct jurisdiction of operations at the reservoir and at the Santa Margarita pumping station,including, but not limited to: (a) Algae control; (b) Carbon addition; (c) Snorkel operation; (d) Other pretreatment needs; and RGM:ktm 5/11/78 -2- o Resolution No. 3567 (1978 Series) WHEREAS, in order to assure a continuous supply of water to the City's treatment plant at desired times and optimum rates, the City needs to have direct control of manpower to provide adequate coverage at all vital facilities for emergencies as. well as for routine operations; and WHEREAS, in order to provide for adequate planning and preparation for pre - treatment operations the City needs to have direct control of testing within the reservoir to facilitate selection of water strata and test procedures such that the most advantageous pre- treatment measures can be undertaken to assure a supply of water of optimum quality to the City's treatment plant; and WHEREAS, the City of San Luis Obispo is a charter city and has the authority to enter into joint agreements with other agencies, should that necessity occur, for the mutual advantage of such agencies and for the protection of the City's basic water rights; and WHEREAS, the County Flood Control and Water Conservation District has.no right to, and presently no direct interest, in, the waters of the Salinas Reservoir; and WHEREAS, the City sees no benefit to itself, as sole user of the full yield of the reservoir, for an agency other than it- self to own and operate the Salinas Project, should said project indeed be declared surplus to the needs of the Army and trans- ferred out of Federal control; and WHEREAS'; the'City does see benefit to the elimination of unnecessary stratasof governmental administration or control; RGM:ktm 5/11/78 -3 0 0 Resolution No. 3567 (1978 Series) NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows,: SECTION 1. The City does hereby make known to all parties its interest in obtaining ownership and control of the Salinas River Dam Project should it be declared surplus to the needs of the Department of the Army. SECTION 2. The City declares that its historical rights to the waters developed by this project are paramount in impor- tance and that the City's very survival rests with the assurance that these rights, which include the full safe annual yield from the Salinas Reservoir, be protected and remain inviolate. SECTION 3. The City declares its needs, rights, and desires should.be considered in any negotiations undertaken by the Department of the Army, Corps of Engineers, which might lead to the eventual transfer of ownership of this project to any other public agency. On motion of: Councilman'Petterson seconded by Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Settle Councilman the foregoing resolution was passed and adopted this 16th day of " May , 1978. ATTEST: C Clerk J.H. Fitzpatricc RGM:ktm 5/11/78 -4- RESOLUTION NO. 3566 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RELATIVE TO SITING OF LIQUEFIED NATURAL GAS TERMINAL AT RATTLESNAKE CANYON IN SAN LUIS OBISPO COUNTY. WHEREAS, the Council of the City of San Luis Obispo is deeply concerned about the environmental and safety issues related to the construction and operation of a liquefied natural gas terminal at Rattlesnake Canyon; and WHEREAS, the large breakwater required at Rattlesnake Canyon would have major and possibly widespread impacts on the marine environment and could have great impact on land if materials for the breakwater were quarried from the Kaiser site at Santa Margarita; and WHEREAS, the costs and time delays involved in constructing a massive breakwater at Rattlesnake Canyon may be excessive and represent an undue burden on the public when other less costly alternatives may exist; and WHEREAS, four major archeological sites on the National Register of Historic Sites would be impacted by site preparation and plant construction; and WHEREAS, the safety, environmental and economic implication of the proximity of a liquefied natural gas terminal at Rattlesnake Canyon to the nuclear power plant at Diablo Canyon are unresolved; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo County hereby recommends that Rattlesnake Canyon be assigned the lowest ranking (least preferred) by the California Coastal Commission and further that the city clerk is directed to forward certified copies of the resolution to the California Coastal Commission, to the Regional Coastal Commission, to the California Public Utilities Commission, to the Federal Nuclear Regulatory Commission and to the San Luis Obispo County Board of Supervisors. R 3566 v 1 RESOLUTION NO. 3566 (1978 Series) On motion of 'Councilman Jorgensen , seconded by Councilman Petterson , and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen and Mayor Schwartz NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 16th day of May, 1978. ATTEST. � f Clerk J.H. Fitzpatrick t RESOLUTION NO. 3565 (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 EXPANSION OF POLICE FACILITY, 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 expansion of the police facility and further in connection therewith, the.acquisition of title in the real property described in Appendix "A" attached hereto as described therein is necessary therefor. Said proposed expansion of the police facility 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 the City the said interest in real property by donation, purchase, or by con- demnation in accordance with the provisions of eminent domain contained in section 37350.5 of the Government Code of the State of California. R 3565 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 Constitution of the State of California and the above cited statute,,; 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 Steve Petterson and seconded by Councilman Jeff Jorgensen , the City Council of the City of San Luis Obispo hereby adopted in its entirety the foregoing proposed Resolution on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle, Petterson and Mayor Schwartz -2- 0 NOES: None ABSENT: None c the foregoing Resolution was passed and adopted this "..9th day of May. 1978. ATTEST: QM CLERK J.H. FITZPATRICK APPROVED AS TO FORM: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney G. DAL C. MITCHEL APPROVED AS TO CONTENTe CITY ADMINISTRATI FFICER -3- 0 0 The subject is legally described as a portion of Lot 4, Block 28, City and County of San Luis Obispo, State of Cali- fornia. It is also known as County Assessors Parcel Number 01- 205 -12, and is mot commonly referred to by street address as 1020 Walnut Street. APPENDIX "A" 06) 212, /z 24 v I ., „t r 204 i 20b 1 — :r am •a.,, • -. 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J. � e] S b. O RESOLUTION NO. 3564 "(1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING TO THE AREA COUNCIL OF GOVERNMENTS THAT THE CITY HAS MET LOCAL TRANSPORTATION NEEDS WITHIN ITS SPHERE OF RESPONSIBILITY. WHEREAS, the City of San Luis Obispo has established a bus transportation system within the city; and WHEREAS, said bus system is supported in.part by funds allocated for local transportation.,by :the Area Council(S.B.325) ;and. WHEREAS, the City participates in the operation of a bus transportation link to Cuesta College and the California Mens Colony; and WHEREAS, the.City currently provides a subsidy to Grass Roots_II;`zInc:to assist with the operation of a van for trans- portation of the elderly and handicapped; and• WHEREAS, the City has made available to the Area Trans- portation Agency funds for establishment of a transportation system for the elderly and the.handicapped; NOW, THEREFORE, BE IT.RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby declares that the City of San Luis Obispo has met the transportation needs within its sphere of responsibility and has made funds available to participate in a county -wide program to provide transportation for the elderly and handicapped. RDM /WAP:ktm 5/3/78 R 3564 O Resolution No. 3564 (1978 Series) SECTION 2. This Council hereby requests the San Luis Obispo County Area Council of Governments to find that the City of San Luis Obispo has met transportation needs for its citizens. SECTION 3: The City Clerk is directed to forward certified copies of this resolution to the Area Council of Governments prior to its hearing on May 4, 1978. 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 2nd day of May, 1978. ATTEST: J ,,Rlty Cle7rk J. H. FitzpatricT Approved as to form: WENDT, MITCHELL,. SINSHEIMER, de la MOTTE & LILLEY. City.Attorney 0'&' A!�' at--- By Allen Grimes RDM /WAP:ktm -2 5/3/78 Approved as to content: City Administrative 17jicer RESOLUTION NO. 3563 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO (1) GRANTING ADDITION TIME TO FILE FINAL MAP FOR TRACT 634 AND (2) ADDING A CONDITION TO THOSE CONTAINED IN RESOLUTION 3277 AS AMENDED. WHEREAS, the developer of Tract 634 has requested an extension of time to complete the final map; and WHEREAS, the City Council determined that the time extension is justified to complete subdivision improvements; and WHEREAS, the City Council with Planning Commission recommendations determined that street improvements be added as conditions of approval for drainage and access control, 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. 634, is hereby granted. Said extension expires on October 6, 1978, SECTION 2. The conditions of development contained in Resolution No. 3277 are amended by the revision of condition #9 and addition of a condition #12 as follows: Revised Condition 9: Subdivider shall install full width street across Woodbridge Street frontage. Said imporvements shall consist of curb, gutter, sidewalk, base and paving of tract frontage, and A. C. berm on opposite side of street. Added Condition 12: Subdivider shall install frontage improvements across South Street frontage. Said improvements shall consist of curbs, gutter, sidewalk, base and paving. 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 R 3563 Resolution No. 35fJ the foregoing resolution was passed and adopted this 2nd day of May , 1918. ATTEST: C erc J. H. Fitzpartick Approved as to form: WENDT, MITCHELL, SINSH IMER, de la MOTTE & LILLEY City Attorney t By Allen Grimes Approved as to content: y,! RESOLUTION NO. 3562 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP NO. SLO -77 -66 (LOCATED AT 2701 AUGUSTA STREET, JOHN KING, APPL.ICANT). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map No. SLO -77 -66 as contained in Resolution No. 3296 (1977 Series). SECTION 2. This Council now grants final approval of Parcel Map No. SLO -77 -66 located at 2701 Augusta Street, subject to conditions in the agreement attached hereto, marked Exhibit "A" and hereby incorporated herein., and authorizes the Mayor to execute said agreement on behalf of the City. Also, authorizes the recording of the deed of easement for the cul -de -sac at the end of Helena Street. ON MOTION of Councilman Settle , seconded by Co,n ilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen and Settle NOES: Mayor Schwartz ABSENT: Councilman Petterson the foregoing Resolution is passed and adopted this day of May , 1978. ATTEST: C 'Clerk-J.H. re.H. Fitzpatrick Fitzpatrick 2nd R 3562 Resolution No. 3562 Approved as to form: WENDT, MITCHELL, SI,NSHEIMER de la MOTTE & LILL Y City Attorney y Alen crimes -2- 0 Approved as to content: City Admihis rative Officer Community velopm nt Director Ir e: , t • .d - . I • r el a IL +i AC y. ' 'AA � ;yi< 8 p i.° c X 2 u •. G kk it r ° V h �` / � �• � 2 p wM YU 'l l N c � w lz W >� -` 1 O `L � 1 1 t 10 1 ` �J N n I y i \Y "111 t y� :.� „ TN r�1 2 J r V �I V %.9 O J QJ7 Q AM J W she- i 11 o* VYO010A , � 7�znsX (oS 0 z2tt3l o U. 0 =�x 0 R Nod � . xyYt�a"' �► •o ? p N e. N ; r. a iY , •1 • •p M U r N ' e O• wn d I 6 w •� 1i ° J M � .gzw at r�� V a T. 11 TATS AGP,Er:Mr.N'r, mated this 4th AGREEMENT day of May , 1`178 , by and between _ John E. King herein referred to as "Subdivider ", and the CITY OF SAN LUIS OB.ISPO, herein referred to as the "City" W I T N E S S E T 11: 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 ofi%:hich is shown on final Parcel Map No. SLO -77 -66 City of San Luis Obispo, California ", as approved by the City Council, on the 2nd day of May _ ,19 78 WHEREAS, the Subdivider desires that said Parcel Map No. SLO -77 =66 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 5. ORNAMENTAL MFrAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion and approval of such facilities by the City, each public: utility shall be required to file a letter stating that the developer has prop- erly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or .required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Fngineer. The lines and grades for all of said improvements shall he e.stahlshed hy.the Subdivider in acct >rdanc,2 with said approved plans and specifications. 0 the Subdivider ngree:,'that the pork of ins talll.ng t11'0 above ilnprovccients shall !�egin within thirty (30 1 days from the date of recording of the final nr,p, and that the work shall be completed within twelve (1 9 months of said recording date, unless an extension has been granted by the City, Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. ,1n), extension of time hereunder shnll not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety i%!aives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the following conditions establi- shed by the Planning Commission and /or the City Council. 1. The Subdivider shall pay to.the City the sum of $300.00 for in -lieu park fees. (2 new lots x $150..00 = $300.00) 2. The Subdivider shall pay to the City the sum of $1;622.00 for water acreage and frontage fees. (acreage = 1.0782 x $1,000.00) (frontage - .54.38' x $10.00)• 3. The Subdivider shall install a street tree on Helena Street. 4. The Subdivider shall install a new path and move. the bridge to the end of Helena Street to the approval of the city and the school district. As to public lands or section property included within said Subdivision, i.f any, for the restoration of .lost section corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the "hlnnual of Instructions" for Survey of Public. Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. -2- The Subdivider hcreh�),_attaches hereto, and ns an inte'�,_,''l part liereof, and as ..ccuri.ty for the performance of this agreement, (instrument of credit /hoed) approved by and in favor of the City of San'Luis Ohispo, and conditional upon the fa.ithi'ul performance of this agreement, which said (instrument of credit /bond) is in the amount of S $12,000.00 , and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any deEects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612,1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 100 of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or 'labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed.and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. .The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50' of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of S 360.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $ 360.00 the difference is to be. paid by the City of San Luis Obispo. Tlie City reserves the sole discretion in determining -3- the amounts to be paid for salary and expenses of sOd inspector or inspectors. Article 9, Chapter I of the San Luis Obispo DWlli.ciPal Cocic, entitled "Subdivision" - All Plans and specifications on file with said City hnginecr 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 I 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 bv; 4th day of May , 19 78 Approved as to form WENDT, MITCHELL,.SINSHEINIER, de la MOTTE S LILLEY r City Attorney By Allen Grimes 4th day of May 0 19 78 .__s KENNcT.i E. SCHWARTZ Dlayor Kenneth E. Schwartz Attest sZ I H._FITZPATRICK City �g Meer Wayne Peterson City Clerk J.H. Fitzpatrick - 4 - 3 Recording Requested By: CITY OF SAN LUIS OBISPO When recorded, please return to: C= CLEFS OFFICE - City of San Luis Obi6PO P.O. Bar 321 San LuiR Obispo. CA 93401 DEED OF EASEMENT GRANTOR, SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, HEREBY GRANTS TO THE CITY OF SAN LUIS OBISPO, a Municipal Corporation, AS GRANTEE, the following EASEMENT for STREET AND UTILITY PURPOSES over that portion of the South half of Section 36, Township 30 South, Range. 12 East, Mount Diablo Base and Meridian, of the Orcutt Subdivision, according to map made by H. Dittrick, in June 1894, and recorded June 22, 1894, in Book 1, Page 14 of Record of Survey and appurtenant to the new Parcel Map SLO- 77 -66, described as follows: "See attached Exhibit A" IN WITNESS HEREOF, GRANTOR has hereunto caused his name to be subscribed this , �% day of April 1978. GRANTOR: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT BY: Dr. William H. Newman., Superintendent e NOTARY: STATE OF CALIFORNIA 1 COUNTY OF San Luis Ohiapn 1 SS. s On pTi ] 24� 1978 1 before me, 3 the undersigned, a Notary Public in and for said County and State, 8 personally appeared Wi 1 I i nm H Newman n 9 o known to me o to be the person —whose name 7 5 subscribed to the within instrument and acknowledged that he executed the same. p 5 v Aud t e (Typed or Printed) Notary Public in and for said County and State C �So FOR NOTARY SEAL OR STAMP e AUDREY M. SMITH NOTARY FUMIC SAN LUIS 081SP11 =NTY My Commission CALIFORNIA Ezplrm July 16, 197`8 e That portion of South West 1/4 Section 36 T30S R12E, MDM, City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Beginning at the South East corner of Lot 1 Block C Tract 87 per 5/93 maps being a point in South West line of Helena Street as shown on maps for said tract, thence South 36 degrees 14' East along the South Easterly extension of Helena Street for a distance of 44.76' to the, beginning of a tangent curve, concave South Westerly, having a radius of 20', thence South East and South along said curve through a central angle of 33 degrees 33' 26 '', an arc dirt- -nce of 11.71' to the beginning of a reverse curve, concave Northi•,esterly, having a radius of 401; thence South East, East, North East, North and North West along said reverse curve, through a central angle of 247 degrees 06' 53 '', an arc distance of 172.52' to the.beginning of a second reverse curve, concave North Easterly, having a radius of 20'; thence North West along said second reverse curve to the South.West corner of Lot 6 Block B Tract. 87 per 5/93 maps being a point in North East line of Helena Street; thence North 89 degrees 31' West a distance of 74.86' to point of beginnin.g. t. L; r� \J AUGUSTA 5T. A =33 "3326" L211.71.-i•: SCALE: i"_i00' 4ER OL :)PF- P.7 Y v C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Deed of Easement dated April 24 , 19 78, from San Luis Coastal Unified School District. to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the.undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: May 4, 1978 ATTEST: s] 1. H. FITZPATRICK J.H. Fitzpatrick, City Clerk CITY OF SAN LUIS OBISPO By. s7 KZNX -;TH E. SCHWARTZ Kenneth E. Schwartz, Mayor RESOLUTION NO. 3561 . (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE APPROPRIATION OF FUNDS RECEIVED UNDER THE FEDERAL ANTIRECESSION ASSISTANCE ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo that the' - following appropriations of Federal Antirecession Assistance Funds are authorized to maintain basic service and levels of public employment. Account Description Amount 60- 3623 -484 Antirecession Assistance Program 8th Quarterly Allocation Dept. 40 Community Development (Planning) $ 2,600. DR. Community Development (Building Regulation) 350. DR. Community Development (Engineering) 1,000. DR. 50 Public Services (Parks Maintenance) 6,000. DR. 60 Recreation 12545. DR. 80 Police Department 750. DR. 85 Fire Department 2,941. DR. $15,186. 60- 1437 -010 Antirecession Assistance Program 8th Quarter Revenues Received $15;186. CR. 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 2nd day of May , 1978. R 3561 RESOLUTION NO. 3561 ATTEST: ,CIty C erk 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 Of "cer � TC, -- RESOLUTION NO. 3560 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION.FOR THE BROAD STREET WATERLINE UTILITIES AGREEMENT NO. 304.0.12. 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 State of California, Department of Transportation for the Broad Street Waterline Utilities Agreement No. 304.0..12.for the relocation of city water mains, 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 State of California, Department of Transportation and the City Engineer. 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 2nd day of _ May , 1978. 0 ATTEST: Ci rk J.H. Fitzpatrick R 3560 i Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILLEY City Attorney By Allen Grimes C� Approved as to content: City Administrative Of er . . A ...1Y1 . Community De elopmen Director s'u STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION District------- Q5-------------------------------- - - - - -- -------------------San - - Luis- _Obispo , California FORM DRW -40 (REV. 4.77) Dist. OJ� Co- SLO Rte227 P.M7.6/12.9 Notice No.- _304.0.12 (Rev. ) Date ------------ March ZZt 1978-------- --- - - - - -- Interstate Project No. or Federal Aid REVISED NOTICE TO RELOCATE To: CITY OF SAN LUIS OBISPO E.A. No. _ -_ 086109 ___________................... P. 0. Box 321 San Luis Obispo, CA 93406 Owner's File No.._._21- 75 ................ Agreement No. ------- _304.40_._12 Because of the Stale Highway construction on Road 05 -SLO- 227 - 7.6/12.9; 0.2 mi. W of Corral de Piedra Cr. to High St. in San Luis Obispo Freeway ❑ Yes ® No which affects your following described facilities: 8 -inch water distribution main and appurtenances between H.E.S. 267-.87, the city limit boundary in 1933, and South Street, and those appurtenances on the east side of Broad Street between South Street and High Street necessary to relocate for the widened roadway. you are hereby ordered to: relocate clear of proposed highway construction in accordance with your plan No. 21 -75, 16 sheets, dated February 28, 1975. Your work schedule shall be as follows: complete relocation work prior to State highway construction. Notify prior to initial start of work, and additional _ Tel. # notification for subsequent starts when work schedule is interrupted. Liability is that of the State for the replacement in kind of an existing 8 -inch water main between HHS 267 +87 to South Street and those facilities between South and High Streets necessitated by the street widening. Cityts rights are predicated on.a secondary easement which predates the provisions of Chapter 326 of the Statutes of 1933, whereby State assumed control of ;route 147 (227). 1/ Copies to ❑ Owner (white) ❑ Owner's representative: - -- -- ------- ----- -` -- -- (white) ❑ Resident Engineer (white) ❑ Permits (green) ❑ H.Q.R /W (pink) ❑Office copy (yellow) THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN STATE HIGHWAY PERMIT BEFORE STARTING WORK. L. F. QUGO Y -- -- - -- - - - - - -- - -- - - - - District Director Transportation District UtilityRelocatio ngineer STATE OF CALIFORNIA DEPART.mENr OF TRANSPORTATION INTERSTA i'�J FORM DH -ORW 39 (REV. 7.79) SOURCE CODE NO .... 05449 ------ - ------------ - ------ NOTICE NO ----------- 304.0.12_(Rev_ ) OWNER'S FILE NO._:_21- 75______________ UTILITIES AGREEMENT NO.__3 04.0_.12 Date.---- - -- - -= --- - - - - -- FIRST PARTY: State of California, acting by and through its Department of Transportation, hereinafter called STATE. SECOND PARTY: CITY ... OF --- SAN LUIS OBISPO hereinafter called OWNER. I Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE ar for the replacement in kind of the 8 -inch cast iron water main located in Broad Street between H.E.S. 267+87 and South Street and affected facilities necessary to relocate between South and High Streets. This responsibility is predicated on the City of San Luis Obispo's secondary easement for these facilities which predates the provisions of Chapter 326 of the Statutes of 1933, whereby the State assumed jurisdiction and control over Route 147 (227). II The wort: for which State is responsibe consisted of the replacement of the existing 8 -inch C.I. water main and the installation of various appurtenances thereto, between H.E.S. 267 +87 and South Street. In addition, remedial work was also performed between South and High Streets, on the easterly side of Broad Street, to accommodate Owner's facilities in.con- nection with the State's highway project, as follows: 1. Install 1,758 feet of 12 -inch C.I. water main and appurtenances thereto between H.E.S. 267 +87 and South Street and revise facilities on the easterly side of Broad Street between South and High Streets to accommodate the widened street section. 2. Is in accordance with Revised Notice to Relocate No. 304.0.12, dated 1-larch 27,1978. Route P. M. E. A. EoCounty SLO 227 7.6/12.9 086109 SOURCE CODE NO .... 05449 ------ - ------------ - ------ NOTICE NO ----------- 304.0.12_(Rev_ ) OWNER'S FILE NO._:_21- 75______________ UTILITIES AGREEMENT NO.__3 04.0_.12 Date.---- - -- - -= --- - - - - -- FIRST PARTY: State of California, acting by and through its Department of Transportation, hereinafter called STATE. SECOND PARTY: CITY ... OF --- SAN LUIS OBISPO hereinafter called OWNER. I Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE ar for the replacement in kind of the 8 -inch cast iron water main located in Broad Street between H.E.S. 267+87 and South Street and affected facilities necessary to relocate between South and High Streets. This responsibility is predicated on the City of San Luis Obispo's secondary easement for these facilities which predates the provisions of Chapter 326 of the Statutes of 1933, whereby the State assumed jurisdiction and control over Route 147 (227). II The wort: for which State is responsibe consisted of the replacement of the existing 8 -inch C.I. water main and the installation of various appurtenances thereto, between H.E.S. 267 +87 and South Street. In addition, remedial work was also performed between South and High Streets, on the easterly side of Broad Street, to accommodate Owner's facilities in.con- nection with the State's highway project, as follows: 1. Install 1,758 feet of 12 -inch C.I. water main and appurtenances thereto between H.E.S. 267 +87 and South Street and revise facilities on the easterly side of Broad Street between South and High Streets to accommodate the widened street section. 2. Is in accordance with Revised Notice to Relocate No. 304.0.12, dated 1-larch 27,1978. r III Said work has been performed by a contract with the lowest qualified bidder,.selected pursuant to a valid competitive bidding procedure, in accordance with City Plan No. 21 -75, 16 sheets, dated February 28, 19753, a copy of which is on file at the District 05 Office of the California Department of Transportation, 50 Higuera Street, San Luis Obispo, CA. IV It is agreed that the 12 -inch C.I. main constitutes a betterment in comparison with the 8 -inch C.I. main existing at the time of construction. Therefore, the State's responsibility in the cost replacement shall be the bid price of 8 -inch C.I,'main rather than that for 12 -inch C.I. main which is designated as Item 1 in the City's contract, V It isalso agreed that the State's responsibility in the costs of the work performed.by City's contractor in connection with City Plan No. 21 -75, bids for which were opened April 15, 1975, shall be limited:'. to the following items and costs: Item-No. Description Unit Unit Price Cost 4 8 -inch CI pipe & fittings 13,758 l.f. $ 21.55 $37,884.90 10 Standard F.H. assembly &.tee 3 ea. 1,257.20 33771.60 11 Fire hydrant relocations 3 ea. 325.00 975.00 12 Fire hydrant Type 2 connections 1 ea, 935.15 935.15 13 Valve well, complete 11 ea. 32.25 355.85 16 12 -inch pipe tie in, complete 1 ea. 250.00 250,00 25 2 -inch type 2E -H service 1 ea, 270.00 270.00 28 29 1 -inch type 2 service 3/4 -inch standard service 3 14 ea. 145.00 435.00 30 3/4 -inch standard + H service 18 ea. ea, 245.00 265.00 32500.00 42770.00 31 32., 3/4 -inch type 1 service 3/4 -inch type 2 5 ea. 317.45 12587.25 "33 service 3/4 -inch type 2 -E -H service 8 7 ea. ea. 150.00 150.00 19200.00 19050.00 Total $56,984.75 VI It is further agreed that the original installed cost of the 1,751 lineal feet of 8 =inch C.I. main installed in 1942, and replaced by this work, was $1..32 per lineal foot, or the sum of $2,311„32. Of this amount, the depreciation accruing to the State is 33/50 ths,, or the sum of $1,525.47. The above calculations are based on the ENR Construction Cost Index for 1942 and the useful life factor for cast iron:; water main. VII State shall pay the City of San Luis Obispo the flat sum amount of $553459,.28 within 90 days after receipt of a flat sum bill in quintuplicate, signed by a responsible official of City's organization. Flat Sum ROM61 ost to STATE $ -55- ,459.25 - - -- OWNER agrees to perform and STATE agrees to pay for the above - described work in accordance with the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. ATTEST: s7 J. H. FITZPATRICK J. H. Fitzpatrick, City Clerk APPROVAL RECOMMENDED: District Right of Way Agent Right of Way Clearance APPROVED: - CITY_ -,OE -- SAN - _LUIS --- 9BISP-0 -- s7 I:cNN2TH E. SCHWARTZ --- -- ----- ---- ------- -------- -- _-- ---- --- -'--- --- -------------------------------- By Kenneth- E. Schwartz,_ Mayor -- - --------------------- Ouner--_ STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION e T. 5157. 15577 -500 7 -73 tow OO A a9P n STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Go"mor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 TELEPHONE (805) 5493111 April 13,1973 R /43- 05 -SLO- 227 - 7.6/12.9 Notice No. 304.0.12 (Rev.) Agmt. No. 304,0.12 05449 - 086109 Utilities City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Attention ;sir. Wayne Peterson Gentlemen: Enclosed are three copies of Utilities Agreement No. 304.0.12. This a;;reement is necessary in connection with the relocation . of your 8 -inch water main from the original city limit line south of Francis.Street to South Street„ and for the affected facilities between South and Hirsh Streets on the easterly side of Broad Street. This work was necessitated by the conventional highway project from 0.2 mile west of Corral de_Piedra Creek to High Street in San Luis Obispo, Road 05 -SLO -227, P.M. 7.6 to 12.9. The costs to the State, as itemized in Paragraph V of the Agreement, are identical to those costs submitted in your letter dated 1larch 26, 197E. If this Agreement meets with your approval, please have the original and first copy signed on behalf of the City and return same to this office, together with a copy of the authorizing resolution, for further handling. Upon approval by the State your affirmed copy will be returned for your files. Also enclosed are your copies of Revised Notice.to Relocate. No. 304.0.12. , SinceMzl' Vti s9 c ,- A. . TJittmeye ��lG, �'.• �j� Right of Way F,.,��' -,, Clearance Age ' 4� , 1 RESOLUTION No. 3559 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT POLICE SERGEANT CHARLES M. BLACKBURN IS DISABLED. WHEREAS, the City of San Luis Obispo is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a con- tracting agency determine whether an employee classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of Charles M. Blackburn, employed by the City in the position of Police Sergeant, has been filed with the Public Employees' Retirement System; and WHEREAS, the City has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, that this Council finds and determines and it does hereby find and determine, that such disability is a result of injury or disease arising out of and in the course of employment; and BE IT FURTHER RESOLVED that the effective date of said retirement is 1978, the date he completed using all his sick leave after being declared permanent and stationary on April 1, 1978 by his doctor; and BE IT FURTHER RESOLVED that there is not a possibility of third -party liability present. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: R 3559 Resolution No. 3559 AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing Resolution was passed and ATTEST: `amity Clerk J.H. Fitzpatrick (1978 Series) this 2nd day of May , 1978. Kenneth E. Schwartz Approved as to form: Approved as to content: WENDT, MITCHELL, SINSHAIMER, de la MOTTE & LILLEY City Attorney ` City Administrative 0 icer By Allen Grimes Personnel Directo RESOLUTION NO. 3558 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CLOSING OF STATE HIGHWAY FOR LA FIESTA PARADE. WHEREAS, the citizens of the City of San Luis Obispo will be holding their annual community celebration on May 18, 19, 20 and 21, 1978; and WHEREAS, a parade on Saturday morning, May 20, 1978, is an integral part of the La Fiesta celebration; and WHEREAS, La Fiesta is a most important civic celebration, drawing visitors to this City from distant places to see this most extraordinary parade and to visit the early California historical sites of this community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A Parade Permit is hereby issued to La Fiesta Association authorizing the closing of Highway 227 to Broad Street and the closing of Highway 101 off -ramp at Marsh Street during the hours of 10:00 A.M. to 1:00 P.M. on May 20, 1978. 2. The City Police Department and other City departments are directed to cooperate with La Fiesta officials in putting on the parade. 3. The Department of Transportation and the California Highway Patrol shall be notified of the proposed closing of a portion of a State Highway for this parade, and they are hereby requested to approve this action. 4. The City Clerk is hereby directed to notify appropriate City Departments and State Agencies by fowarding copies of this resolution. 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 AABSENT: Councilman Petterson R 3558 � J Resolution No. 3558 (1978 Series) the foregoing Resolution was passed and adopted this 2nd day of May 1978. ATTEST: y C. er c J H. Fitzpatrick Approved as to form: Approved as to content: WENDT, MITCHELL, SIN$IEIMER, de la MOTTE & LILLEY e City Attorney City Administrative Offc By Allen Grimes Citfldlerk RESOLUTION NO. 3557 (1978 Series) A RESOLUTION OF APPRECIATION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO THANKING VOLUNTEERS FOR THEIR PARTICIPATION IN THE SWIMMING POOL SITE GRADING PROJECT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION i. This Council hereby expresses its gratitude and appreciation for participation.in the volunteer swimming pool site grading project at Sinsheimer Park to: THE SAN LUIS OBISPO COUNTY BUILDING CONTRACTORS' ASSOCIATION, the sponsor of the project;. CONCO ENGINEERING of 'San Luis Obispo and WEBB TRANSPORTATION of Santa Maria for transportation of equipment for the project; BURKE CONSTRUCTION COMPANY of San Luis Obispo, JACK.FOSTER EXCAVATING CONTRACTOR of San Luis Obispo, and J. F. SUNDERLAND EXCAVATING CONTRACTOR of San Luis Obispo for furnishing equipment for the project; J. B: DEWAR, INC. of San Luis Obispo for fuel for the equipment; DICK BURKE, DARREL STINSON and PETE GILMAN for operating.the BURKE equip- ment; JACK FOSTER and BRAD FOSTER for operating the FOSTER equipment; and J:. F. SUNDERLAND, JR., JOHN MILLER and JERRY MILLER for operating the SUNDERLAND equipment. SECTION 2. The City Clerk is directed to prepare certificates of recognition for the contribution by these companies and individuals in help= ing with the construction of the community swimming pool at Sinsheimer Park. On motion of Councilman Settle seconded by Councilman Dunin__ and on the following roll call vote: R 3557 C; Resolut:ion.No. 3557 M78 Series) AYES:. Councilmen Dunin, Jorgensen; Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson the foregoing resolution was passed and adopted this 2nd day of May 1978. ayor Kenneth E. Schwartz ATTEST: Clerk J.H.. Fitzpatrick Approved as to form:: Approved as 'to content :' WENDT, MITCHELL, SINSHEIMER; de la MOTTE $ LILLEY City Attorney f City Administrative OfVicer By Allen Grimes RESOLUTION NO. 3556 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISH'ING'NEW ACREAGt'AND- FRONT-FOOTAGE'` FEES` AND SUPERSEDING. RESOLUT•ION_NO'...3294`(1977 Series). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The following fees are establishing in accordance with provisions of.Municipal Code Section 7410.5:1_ - Additional Charges for Water Service; (1) Acreage Charge: $1;070 per acre. (2) Front Footage Charge:. $10.70 per front foot SECTION 2. Resolution No. 3294 (1977 Series) is hereby superseded. SECTION 3.. This resolution shall become effective immediately upon adoption. On motion of Councilman Jorgensen. seconded by :Mayor Schwartz 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 .ATTEST: C�Cterk_J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE 6 LILLEx City Attorney en ktm 4/26/78 adopted this _2nd_ day of May 1978. Kenneth E. -Schwartz Approved as to content: City Adm nistrative-Offic R 3556 Approved as to content: Community D6velopm ent Department by City (tiineer Director of Pub is Services Utilities Engineer ktm 4/26/78 r. RESOLUTION NO. 3555 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO. 718, LOCATED AT 1301 LAGUNA LANE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Tract 718 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 are not likely to cause public health problems. (7) The design of the-subdivision or the type of improvements will not con- flict with easements for access through or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Tract 718 be subject to the following conditions: (1) All tract corners and lot corners shall be set to city standards and certified located correctly by a registered civil engineer or land surveyor prior to construction: (2) Final map shall note all areas below 126' elevation are "subject to innundaiion," and lowest finish floor elevations allowed shall be 127' elevation. (3) Final map shall show 'southeasterly tract boundary adjusted to conform with property line approved by Parcel Map No. 78 -28. (4) All utilities shall be underground. (5) Subdivider shall pay water acreage and frontage charges as determined by the city engineer. (6) Subdivider shall install individually metered water service to each lot. Meters shall be located at frontage of each lot, be unobstructed, and be to the approval of the public services director. (7) ^Individual water and sewer services shall be provided to eachlo.t� ALi watcr sewer mains. shall be.public.-- Easements over the mains -and:access ; to . mains:.on. pri Vate.property:.sl aft be required, to the approval of Lhe city engineer. (8) Existing well on site shall -be capped -to the satisfaction of the chief building official. (9) Subdivider shall abandon a portion of existing 8 -inch diameter sewer main and easement running through the easterly portion of site prior to build- ing construction to the approval of the city engineer. (10) Subdivider shall pay sewer charges as determined by the city engineer. (11) Final plans shallindicate trees to be removed and trees to remain. (12) Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the general plan noise element. DS:ktm 4/21/78 R 3555 Resolution No. 3555 (1978 Series) Tentative :dap, Tract 718 (13) 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: (a) Creation of a homeowners' association to enforce the CC & R's and provide for professional, perpetual maintenance of all common areas including landscaping, private courts, driveways., lighting, walls, fences ,.etc., in first class condition; homeowners' association shall maintain area between masonry wall along Los Osos Valley Road and sidewalk; (b) Grant to the City of San, Luis Obispo the right to'compend performance if the homeowners' association fails to perform and assess the homeowners' association for expenses incurred; (c) No parking in private courts and driveways 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, motor homes, trailers or inoperable vehicles; (f) No unscreened outside storage by individual units; (g) No'change in city required_ provisions of CC_ $ R's without prior City Council approval. (14) Subdivider shall install automatic door openers on all garage doors. (15) Subdivider shall install a solid 6 -foot high masonry wall along tract frontage of Los Osos Valley Road and tract boundary of junior high school. Location and design shall be to the approval of the community development director. (16) Subdivider shall install street lights on public streets to city and utility company standards. Subdivider shall prepare and submit for approval of the community development director a lighting plan for private areas. (17) All private streets (courts) shall be improved to standards approved by the city engineer. (18) Subdivider shall dedicate and improve to city standards Laguna Lane and Vista Del Lago Streets to the approval of the city engineer. (19) A grading plan, drainage plan and hydrology study shall be prepared and submitted for review and approval by the city engineer prior to final map approval. (20) Subdivider shall dedicate Lot 86 to the city. The 0.25 acre mini =park a part of Lot 86 shall be hilly improved and landscaped to the approval of city staff._ Dedication and _imp rovements_ shall —.meet full park dedication and improvement requirements. On motion of Councilman. Jorgensen , seconded by Councilman. Settle and on the following roll call vote: DS:ktm 4/21/78 �2- i Resolution No. 3555 (1978 Series) Tentative Map Tract 718 AYES: Councilmen Jorgensen, Settle and Mayor Schwartz NOES: Councilman Dunin ABSENT: Councilman Petterson the foregoing resolution was passed and adopted this 2nd day of May 1978. ATTEST: J. H. Fitzpatrick - Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LILrY City Attorney 11 By Allen Grimes DS:ktm 4/21/78 Approved as to content: -3- RESOLUTION NO. 3554 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALK CONSTRUCTION PURSUANT TO THE MUNICIPAL CODE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to.the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are shown on Exhibit "A ". 3. That at the request of the property owners and in accordance with Section 7350.3 of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in three (3) annual installments, including interest at the rate of three (3 %) percent per annum on the unpaid balance; said interest to run from the first day of the month following passage of this Resolution to the R 3554 Resolution No. 3554 (1978 Series) time payment is made in full of the principal amount, provided that failure to pay any installment and interest when due shall make the remaining principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owners, addresses and construction costs are shown on Exhibit "B ". 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 2nd day of ATTEST: �'--Clerk J.H. Fitzpatrick -2- Resolution No. 3554 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILL Y City Attorney by Allen Grimes -3- (1978 Series) Approved as to content: ms1 City Administrative Wficer irector of Public Services EXHIBIT "A" OWNER LOCATION AMOUNT Central Savings & Loan 1205 Chorro Street $ 562.00 (Marsh Street side) B.H. Gibson 1200 Monterey Street 820.00 R.M. Hansen, etal 659 Palm Street 216.00 A. Muzio, etal 1245 Monterey Street 560.00 OWNER D.C. Chase, etal W.T. & W.F. Hesselbarth J.C. Kundert R.O. Laird S.M.S. Company W.K. Wright H.A. & E.R. Zevely EXHIBIT "B" LOCATION 1135 Morro Street 692 Marsh Street 1106 Pacific Street (Also Santa Rosa side) 1009 Monterey Street (Higuera Street side) 2150 -2180 King Street 1255 Monterey Street 884 Broad Street (Palm Street side) k ucel"M $ 992.00 805.00 224.00 250.00 724.00 625.00 447.00 RESOLUTION NO..3553 (1978 Series) A RESOLUTION AUTHORIZING MAYOR TO STATE CITY'S POSITION IN REGARD TO CITY'S CONTINUING DESIRE TO PURCHASE THE SALINAS DAM AND RELATED FACILITIES. WHEREAS, it has come to the City's attention that there is some consideration being given to the possibility of the County and /or County Flood Control and Water Conservation District purchasing the Salinas.Dam and related .facilities from the federal government; and WHEREAS, the City also has a keen interest in acquiring these facilities, since the City has long been the sole source of funds for the operation of the Salinas Dam project and since the City wishes to assure itself of continued access to this water supply; and WHEREAS, the City also.wishes to continue to have a say as to what conditions exist at the lake in regard to purity of water supply. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San.Luis Obispo as follows: Section 1. That Mayor Kenneth E. Schwartz be authorized to state the City's position to the County Water Advisory Committee and others that, in the event the federal government puts the Salinas Dam and related facilities up for sale, the City of San Luis Obispo be given the first opportunity to purchase the facilities. On motion of Councilman Petterson seconded by Councilman Settle, and on the following roll call vote: RDM:mp 5 -2 -78 R 3553 Resolution No. 35 >., (1978 Series) Page 2 AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen the foregoing Resolution was passed and adopted this lst day of May , 1978. ATTEST: ,Xrfy Clerk J. H. Fi'tzpatri.ck. Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LIL�EY City Attorney By Allen Grimes RDM:mp 5 -2 -78 Approved as to content: 1 City Administrative Of er RESOLUTION NO. 3552 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A POLICE DEPARTMENT PERSONNEL MANUAL OF RULES $ REGULATIONS. WHEREAS, it is essential for the efficient and.proper operation of the Police Department of this,city. that it have the - advantages of and adhere to the provisions of a Personnel Manual of Rules $ Regulations; and WHEREAS, such a manual has been prepared on the provisions of the existing Police Department Manual of Policy and Procedures;. and WHEREAS, the purpose of said manual is to clearly articulate rules of expected individual conduct for all employees and members of the Police Department by: 1. Establishing levels of authority and responsibility for all positions in the organization. 2. Defining expected rules of conduct and disciplinary possibilities. 3. Providing reasonable and necessary organizational guidelines for developing and maintaining public trust and confidence in the Police Department. 4. Encouraging personal and professional development by all departmental members. 5. Obtaining open, honest and ethical community and departmental relations. 6. Seeking employee input and evaluation on processes and procedures that require appropriate change.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: AG:ktm 3/28/78 R 3552 I Resolution No. 3552 (1978 Series) SECTION 1. That certain document entitled "San Luis Obispo Police Department Personnel Manual of Rules & Regulations!" is hereby adopted. A copy of said manual shall be maintained for public inspection and as a matter of record in the Offices of the City Clerk and the Chief of Police. SECTION 2. Those portions of the Police Department Manual of Policy and Procedures which are 'in conflict with said Personnel Manual of Rules & Regulations are hereby superseded as well as any other conflicting rules and regulations. On motion of ,Councilman Jorgensen-, ;seconded by Councilman Settle -, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this _- 1st day of May 1978. ATTEST: Ci .. lerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLE City Attorney Approved as to content: City Administrative Of N r en Grimes Personnel Director C r ^\ �oTice i AG:ktm 3/28/78 _ 2 m_,.... RA, city of Safi IuIS OBISPO POLICE DEPARTMENT Post Office Box 1328 — San Luis Obispo, CA 93406 — 805/544.5151 MEMORANDUM TO: Richard D. Miller, City Administrator FROM: Roger L. Neuman, Chief of Police SUBJECT: Police Department Personnel Manual of Rules and Regulations 22 February 1978 The following document represents the long awaited Police De- partment Personnel Manual of Rules and Regulations which will govern all em- ployees and members by supplementing the previously approved City Personnel Manual. I think it is important to remember that due to the unique role and power of the police in our society, we require somewhat broader rules and regulations that allow maximum use of professional discretion and yet hold the individual strictly accountable for attitude, actions, abuse and produc- tivity. It goes without saying that the rules and regulations must be easily understood, fair, and within the scope and meaning of existing legal process. The purpose of this Manual is basically to outline acceptable rules of professional and individual conduct and expectations rather than combine rules with policy and procedures which are now covered in our Opera- tions Directive Manual. This new manual establishes the authority and responsibility as it rests throughout the police organization, and defines acceptable conduct as well as disciplinary possibilities. The philosophical intent is to provide all employees with realistic guidelines of professional conduct that are seen as essential to maintaining high levels of public con- fidence and trust in the department and its individual employees. The very nature of the police mission requires exacting standards of personal and professional conduct that are perceived as workable by every- one in the organization and in the community. In short, the public expects and demands service, irreproachable personal conduct, strong enforcement action, and a delivery process that is fair, honest, sensitive, courteous and equitable. These goals are best achieved by initial.ly selecting service oriented employees and by placing strong emphasis on personal attitude and conduct rather than solely on technical proficiency. It is for this reason that these new guide- lines are furnished. It is important to remember that as time passes there is a need to re- evaluate rules and we encourage a reasonable review process. This Manual has had extensive review and revision by staff, the members of the Police Asso- ciation, Personnel, legal and executive management. It is our hope that you and the City Council will approve and endorse this Police Department Manual of Rules and Regulations for early implementation. RLN:ksb Respectfully submitted, ROGER L. NEUMAN, CHIEF OF POLICE TO: All Police Department Employees and Other Members SUBJECT: Personnel Manual of Rules and Regulations The purpose of this Manual is to clearly articulate rules of ex- pected individual conduct for all employees and members by: 1. Establishing levels of authority and responsibility for all positions in the organization. 2. Defining expected rules of conduct and disciplinary possi- bi.Iities. 3. Providing reasonable and necessary organizational guidelines for developing and maintaining public trust and confidence in the police de- partment. 4. Encouraging personal and professional development by all de- partmental members. 5. Obtaining open, honest and ethical community and departmental relations 6. Seeking employee input and evaluation on processes and pro- cedures that require appropriate change. It shall be the duty and responsibility of each employee and member of the San Luis Obispo Police Department to become thoroughly - familiar with- the Rules and Regulations, Policies and Procedures, Directives and Orders, and other information officially distributed by the Department. ROGER. L. EUMAN CHIEF OF POLICE . ksb 2/78 R r LAW ENFORCEMENT CODE OF ETHICS As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard Fives and property; to protect the innocent against deception, the- weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all - -.to liberty, equality and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self- restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my Department.. Whatever I see or hear of a confi- dential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the per- formance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the,law courteously and appropriately without fear or favor, malice or ill will, never employing un- necessary force or violence and never accepting gratuities. recognize the badge of my office as a symbol of public faith, and 1 accept it as a public trust to be held so long as I am true to the ethics -of the Police service. I will constantly strive to achieve. these objectives and ideals, dedicating myself before God to my chosen profession -- law enforcement. TABLE OF CONTENTS Pa e SECTION I . . . . DEFINITIONS . . . . 1 SECTION II . . . . . . . RESPONSIBILITY & AUTHORITY 2 SECTION . 1 1 I . . . . . . . . . DUTY . . . . . . . 13 SECTION IV . . . . . . . STANDARDS OF CONDUCT .. 15 SECTION V . . . . . . . . JUDICIAL RESPONSIBILITIES . . 17 SECTION VI. . . . . . VEHICLE AND EQUIPMENT 18 SECTION V11 . .. .DISCIPLINE 18 _.a (ii) 4; 1. DEFINITIONS Member,.Department Personnel, and Employee All persons on the Police Department payroll, including officers with full and limited peace officer authority, civilian employees, and members of the .Reserves. Officer Any member of the Department possessing full peace officer authority. Competent Authority and Supervisor Members of the Department who have been assigned supervisory authority over other Department personnel. Shall /Will. Indicates that the action required is mandatory. May Indicates that the action is discretionary. Order An instruction, either written or verbal, issued by a superior officer. Tense of Words Words used'in the present tense include the future. II. RESPONSIBILITY AND AUTHORITY OF COMMAND OFFICERS, LINE SUPERVISORS, PATROL OFFICERS AND OTHER PERSONNEL (Note: Duties not intended to be all inclusive. Personnel will perform other related work, as required.) A. Chief of Police 1. Responsibility a. Responsible for the planning, development, coordination and evaluation of departmental activities.. b. Responsible for overseeing the department's role as a resource to the city government and to other interested organizations: c. Responsible for insuring departmental understanding of and com- pliance with current legal requirements.. d. Responsible for the department's efficient and equitable per= sonnet administration. e. Responsible for administering the department's purchasing and financial activities. f. Responsible for overseeing the preparation of and administering of the departmental budget. g. Responsible for maintaining an awareness of, and involvement in, professional activities relating to law enforcement and criminal justice. ' h. Responsible for reviewing, and insuring appropriate action upon, general departmental correspondence. 2. Authority Is the Chief Executive Officer of the department and the f:inal.de- partmental authority in all matters of policy, operations and disci- pline. He exercises all lawful powers . of. the office and issues such lawful orders as are necessary to assure the effective.performance of. the department.. B. Police Captain 1. Responsibility. a. Responsible for the effective and efficient operations of all divisions. b. Responsible for the formulation and implementation of division policies. -2- c. Responsible for facilitating inter /intra - division communications. d. Responsible for providing the Chief with current operating data . and technical support. e. Responsible for providing all divisions with current analyses of complex procedural and I,egal matters,affecting division opera- tions. f. Responsible for supervision and coordination of training, assign- ment and evaluation of personnel.w,ithin the divisions. g. Responsible for periodic review of division.personnel and equipment.. h. Responsible for assigning and reviewing staff analyses of opera- tions activities to maintain on -going evaluation.of division performance. i. Responsible for assisting in.the preparation of budget requests: j. Responsible for the review and preparation of the appropriate division correspondence and special reports. k. Responsible for representing the Chief of Police in meetings with city officials and other interested persons to plan special, short term police operations or discuss interagency relations problems.. I. Serve as Acting.Chief of Police when assigned. m. Reports directly to the Chief of Police. 2. Authority a. Issue orders to all personnel in the appropriate division as may' be necessary,to promote the effective operation of all activities within such divisions. b. Assign and transfer all personnel within the appropriate divi- sions subject to approval by Chief of Police, c. Make disciplinary dispositions on m'inor infractions not re- quiring suspension, provided that all dispositions are reported in writing to the Chief.of Police. d. Make disciplinary recommendations, subject to approval of•the Chief of Police. e. Relieve from duty under emergency suspension conditions, in accordance with established procedures, any subordinate per= sonnel in any division. Upon such action the Chief of Police shall be immediately notified. C. Administrative Aide 1. Responsibility a. Responsible for researching and writing responses to general departmental correspondence. b. Responsible for meeting with a wide variety of visitors to the Chief's Office to determine the nature of their concerns and to assist in resolving any problems they may have. c. Responsible for preparing special reports on departmental ad- ministrative issues. d. Responsible for conducting study and research to develop depart- mental long and short range ,plans and procedures. e. Responsible for coordination with Division Commanders to assist in facilitation of operations and reduction of duplicated efforts. f. Responsible for reviewing departmental reports and conducting program evaluations to assess current operating effectiveness and prepare recommendations for change. D. Administrative Sergeant 1. Responsibility a. Responsible for the preparation of statistical analyses and ; reports, b.' Responsible for compiling and analyzing data for use in depart - mental budget preparation and presentation. 7. -s c. Responsible for mon.1tori`ng departmental spending to insure com- pliance with budget requirements. d. Responsible for overseeing the.fiscal aspects of grant activities. e. Responsible for assisting in the preparation and administration of the departmental budget. f. Responsible for coordinating budget preparation and execution. g. Responsible to Police Chief for City Emergency Preparedness Programs. h. Responsible for supervision of clerical personnel assigned to Records and Communications Units. i. Provides staff assistance to administration. -4- E. Watch Commander _ Lieutenant 1. Responsibility a. Responsible for supervising section personnel including arranging._; for training, setting work priorities, evaluating performance and establishing work schedules.. b. Responsible for plann.ing patrol response to identified crime patterns and trends. C. Responsible for overseeing the development of section policy and procedure and, for the implementation of division and departmental . policy and procedure. d.. Responsible for coordinating intra - section activities and com- munications. e. Responsible for the evaluation of section performance. f. Responsible for reviewing and preparing section correspondence. g. Responsible for maintaining a knowledge of current police and section operational data. h. Responsible for assisting in preparing and administering the section's budget requests. i. Responsible for assuming field command of major or emergency . law enforcement problems. j.' Responsible for the preparation of periodic statistical and narrative reports. k. Responsible for the preparation of special staff studies and assignments. 2. Authority a. Assign and deploy all personnel in the assigned work unit 'subject to established policy. b. Issue orders to assigned personnel as necessary to comply with department policy and to promote effectiveness of the work unit.. c. Conduct counseling sessions in disciplinary matters. d.. Make disciplinary recommendations to immediate superiors. e. Relieve from duty under emergency suspension conditions, in accordance with established procedures, any subordinate personnel -5- o in the Division. Upon such action the Captain and Chief of Police shall be immediately notified. F. Investigative Section Lieutenant 1. Responsibility ° a. Responsible for supervising.section, personnel, including arranging -y for.training, setting work. priorities, evaluating performance, and establishing work schedules. b. Responsible for overseeing the development of section policy and procedure and for the implementation of Division and Departmental policy and procedure. c. Responsible for reviewing all section investigation and in- telligence reports.. d. Responsible for coordinating intra- section activities and -com- munications. e. Responsible for promoting section operational efficiency through, inter /intra - section and divisional staff meetings. f. Responsible -for the evaluation of .section performance. g. Responsible for maintaining a knowledge of current police and section operational data.. h.. Responsible for preparing and administering the section's. budget. I.* Responsible for the preparation of periodic statistical and narrative reports and section correspondence. j. Responsible for the preparation of special staff studies. k. Responsible for.assum:ing field command of major investigations. I. Serves as Division Commander as required. 2.. Authority a. Assign and deploy all investigative personnel . in the assigned_ work unit subject to established policy. b. Issue orders to investigative personnel as necessary to comply with department policy and to promote effectiveness of.the work unit. c. Conduct counseling sessions in disciplinary matters. d. Make disciplinary recommendations to the Ch.ief or Captain. e. Relieve from duty under emergency suspension conditions, in accordance with established procedures, any subordinate personnel in the Division. Upon such action the Captain and Chief of Police shall be immediately notified. G. Sergeant 1. Responsibility a. Responsible for coordinating the activities of the units of his.. watch. Y b. Responsible for supervising watch personnel, including arranging for training, assign "ing work priorities to be met, and eva.luati.ng performance. c. Responsible for reviewing police_ reports in the absence of the Watch Commander. d. Responsible for developing effective patrol responses to identi fied crime patterns, trends and activities. e. Responsible for implementing departmental, division and section policies and goals, f. Responsible for channeling information between subordinates and management personnel. g. Responsible for providing for facility security. h. Responsible for the coordination of the Police Reserve Program. ri r i. Responsible for Victim Assistance Coordination. 2. Authority a. Assign and deploy all personnel in the assigned work unit subject to established policy. b. Issue orders to assigned personnel.as necessary to comply with department policy and to promote effectiveness of the work unit. c. Conduct counseling sessions in.di.sciplinary matters. d. Make disciplinary recommendations to immediate superiors. e. Relieve from duty under emergency suspension conditions, in accordance with established procedures, any subordinate personnel in the Division. Upon such action the Captain and Chief of Police shall be immediately notified. ._7- H. Police Officer — Team Leader 1. Responsibility a. Responsible for organi.zing and conducting community meetings in ..his or her assigned Sector to discuss crime prevention or reduc- tion methods or techniques with the general public.. b. Responsible for maintaining a continuing awareness of public safety needs in assigned Sector. c. Responsible for planning specific programs and activities designed to.suppress crime and criminal conduct using all available department and community resources. d.. Responsible for patrol of an. assigned Sector to provide quick response to calks for service; observe and report on all criminal activity including vice., and gather and forward appropriate in- formation. e. Responsible for providing counseling, referral and follow -up investigative service to ,resolve human crises. J f. Responsible for surveying of Sector for potential crime problems and offer reasonable and prudent solutions for the reduction of risks. 9. Responsible for attending business, civic, school, neighborhood and other community meetings as necessary to gather information and maintain an on -going awareness of community problems and concerns. h. Responsible for observation, reporting and follow =up on hazardous' conditions which pose a threat to public health, safety or increase.': community liability. i. Responsible for coordinating and communicating with other watch Sector officers, and the various Sections and Units within the department to accomplish Department and Sector goals and objec- Lives. j. Responsible for maintaining appropriate data and information on crime and public safety concerns to provide for effective" evaluation of Sector prevention and reduction programs. k. Responsible for soliciting input from other Sector Team Members relating to department procedures, equipment,'communication, training, and other areas of concern. Forward this information via the established chain of command for further evaluation and /or decision. I." Responsible for performance of all the duties of a police officer. I. Field Services Technicians 1. Responsibility a.. Responsible for responding to a wide variety of non- hazardous calls for service. Write reports and records of such calls, as necessary. b. Responsible for providing.traffic.control at the scene of acci- dents, Large gatherings and other non- hazardous incidents. c. Responsible for the care and control of all property received through the police department with the exception of physical evidence. d. Responsible for inspection of police vehicles to insure that all vehicles are properly serviced and ready for patrol. Deliver all police vehicles to the appropriate location for repairs and se r-. vice and return them to the police department. e. Responsible for issuing non - moving citations for equipment viola- tions, etc. Issue notices of violations for parking violations. f. Responsible for preparing reports on calls for service and testify in court, as required. g. Responsible for control and abatement of abandoned vehicles throughout the city. h. Responsible for assisting regular officers, team leaders, etc in crime control and reduction.programs throughout the city. 1. Other related f unctions as required by the on =duty watch commander. J. Police Officer - Patrol 1. Responsibility a. Responsible for responding to situations involving in- progress or recent criminal activity to restore or maintain order and to coordinate the gathering of information and evidence. b. Responsible for conducting in -depth investigations of criminal incidents, either independently or as part of a coordinated effort. c. Responsible for gathering and reporting intelligence information of possible use in solving or preventing crimes. d. Responsible for resoi.vi.ng conflicts of a potentially violent nature involving a wide variety of participants, including •family members, neighbors, landlords and tenants, mem chants and customers . and rival youth groups. e. Responsible for providing counseling., referral, and follow -up_ .services to resolve domestic and civil crises and assist in preventing criminality. f. Responsible for patrolling an assigned area to provide for quick response to calls for service, facilitate observation of criminal- activity or conditions conducive to criminality, and allow for .. the gathering of intelligence. - g. Responsi.ble for attending P.A.C.T., business, and,civic meetings recreation centers, and other community gatherings on a regular basis, to represent the department and maintain awareness of city problems and concerns. h. Responsible for observing, reporting and whenever feasible, following up on.conditions which pose potential threats to public safety and health. i. Responsible for providing rescue and first aid services in acci- dents, disasters and other emergency situations. j. Responsible for developing thorough knowledge of 'ba.sic criminal laws, criminal procedures, patrol techniques, and departmental rules and procedures. k. Responsible for completing in a proper and thorough manner all assignments made by the Field Training Officer and others of authority. . I. Responsible for successfully completing the basic police academy and relating that training to field use. m. Responsible for complying with all departmental rules and regu.- lations as set forth in the departmental manual. - K. Communications Technician 1: Responsibility a. Responsible for the receipt of information and requests for services from the public. b. Responsible for dispatching field units to scenes.of requests for service. c. Responsible for providing resource information.to field units, other agencies and the public. _in- d. Responsible for the maintenance of,indices of information at the front counter and in the Communications Center. e. Responsible for the dissemination of information on wanted. persons, property, warrants, etc. f.. Responsible for routine care of the communications equipment. g. Responsible for making proper entries into CLETS computer terminals and collecting and entering pertinent information into local data storage systems. . L. Identification Officer /Identification Technician ]. Responsibility a. Responsible for the taking, developing and printing of photo- graphs for evidence or identification. b. Responsible for collecting, receiving, classifying and indexing all fingerprints for identification purposes. c.. Responsible for collecting, recording, and analyzing physical evidence obtained at crime and accident scenes. d. Responsible for the inventory and purchase of photographic, fingerprint and evidence collection supplies. e. Responsible for assisting in the training of the Field Services Tech— hicians in proper methods of property care and control. f.' Responsible for preparing evidence for court presentation and for testifying as an expert witness in court. - g. Responsible for processing crime and accident scenes to obtain photographs, fingerprints, and other physical evidence. h: Responsible for testifying as a witness in civil or criminal court to present evidence for prosecution or defense. i. Responsible for transporting evidence, to and from the State: Satellite Crime Laboratory, j. Responsible for collecting and maintaining program statistics: M. Records Clerks 1. Responsibility a_ Typing, index'ing, filing and routing of all daily activities and reports of the department including arrest reports, crime reports, incident reports, accident reports, etc. b. Encourage and actively solicit development of records pro- cedures.and forms. c_ Make accurate daily entries and maintain the established police records filing system. d. Processing of arrest warrants and disposition forms. e. Sealing of adult and juvenile records in compliance with court . orders. f. Processing of court orders for the release from penalties. 2. Duties a. Collect fees and other monies for deposit in the proper account for services rendered. b. Help the public with requests and assistance. c. Provide necessary reports to members of this and.other authorized agencies and.officials. d. Ensure a complete and expeditious flow of necessary paperwork through the records office. e. Act as liaison between this agency and other agencies. f. Practice and adhere to the rules and regulations regarding public disclosures. g.• Act as guardian of the records of the police department. n. h. Author reports as necessary or as requested. N. Department Janitor 1. Responsibility - a. Responsible for using modern cleaning methods to maintain the interior and exterior of the police facility and adjacent parking.` structure. b. Responsible for the use, care.and storage of cleaning materials and equipment. c. Responsible for minor maintenance and repairs of building interior and . exterior, and cleaning equipment as necessary. d. Responsible for maintaining a safe working environment in and around the police facility. =12- 0 e. Responsible for for the needs of facility. J developing a maintenance schedule that provides the employees and the public who use the police f. Responsible for coordination and purchasing of the necessary supplies to accomplish the functions set forth above, III. DUTY A. General Responsibilities On -duty officers of the Department are responsible for maintenance of public order, the preservation of life and property, suppression of crime, and enforcement of applicable federal, state and local laws and ordinances. , B. Reporting for Duty Employees of the Department shall be punctual in reporting for duty at .the time and place designated by their supervising officer. Any inability to comply with these instructions shall be reported by the employee to the department prior to the time set for reporting. C. Duty.Responsibilities Members of the Department are always subject to duty although periodi- cally relieved of its routine performance. While on duty, they shall re- spond to the lawful orders of superior officers and other competent au- thorities as well as to calls for police assistance or-service from citi- zens. The administrative delegation of the enforcement of certain laws and ordinances to particular units of the Department does not relieve members of other d.ivisions from the responsibility of taking prompt, ef- fective police action within the scope of those laws and ordinances when the occasion so requires.. Those assigned to special duties are not relieved from taking responsible action outside the scope of their specialized function when necessary. D. Off -Duty Reporting -Officers off duty shall, upon official.notice, report for duty as re- quired. Officers shall report Without notification in the event of major disaster, or any other emergency wherein it would reasonably be expected that the department would require the additional services of officers. E. Off -Duty Service Requirements Officers shall have regular hours assigned to them for active duty and when not so employed shall be considered "off duty ". However, for criminal offenses'occurring within the city limits or its sphere of influence, "off duty" officers are required to report such offenses and may take appropriate lawful enforcement action. -13 a V For criminal offenses occurring outside the city limits, off duty of- ficers are only authorized to take official action if they are withLn the scope of their employment. (See Government Code Section 815.2.) F. Physical Fitness for Duty Good physical condition shall be maintained as is consistent with job demands, and shall strive to.maintain the proper ratio of weight and height. G. Officer Assistance In times of peril, officers shall act together to assist, defend and protect each other from physical harm. Intentional failure to come to' the aid and assistance of another officer or officers shall be grounds for disciplinary action. If in doubt as to the propriety or legality of the situation, officers shall first take the required action, unless such action is clearly in violation of any statute or.law. H. Off_Duty Arrests Officers shall not make arrests arising out of personal quarrels or those of their family, except to prevent violence or serious bodily injury in cases where on duty personnel are not available. I. Outside Employment Employees shall report in writing on the proper forms, as required by the City Rules and Regulations policy on outside employment. Officers shall not accept outside employment as bartenders, ambulance or tow truck drivers, card dealers or provide services that would involve a potential conflict of interest with the stated mission and goals of the department. J: Rumors and Gossip Employees shall not engage in rumors, slanderous or malicious talk about fellow employees or the•public. The internal affairs and personalities of the department and its members shall not be discussed with anyone outside the department. K. Improper Use of Information Employees shall not ,make known any proposed movements of the department without permission of a commanding officer. Employees shall not use police equipment, facilities or files to gain information for personal use. L. Firearms Registration Officers shall register the firearms they intend to carry on or off duty.. as provided in the Operations Directive. -14- IV. STANDARDS OF CONDUCT A. Rules,.Knowledge of Department personnel shall become thoroughly familiar with and abide by. all written directives and procedures of the department. B. Personal and Professional Conduct Private and professional lives shall be conducted in a manner that does_ not reflect unfavorably upon the individual or-the organization or in ` a manner which would impair job performance, ponce service or activities. C. Conduct Toward Superior 'and Subordinate Officers While on duty, superior officers, subordinates and associates shall be treated with respect. In their professional relationships, employees shall establish and maintain a spirit of cooperation, courtesy, and civility. In order to maintain a professional decorum in,the eyes of the public, on -duty members of the _department shall be addressed by their title or rank when in the public presence. D. Receiving Orders and Conflicting Orders 1. Unlawful Orders No command or supervisory officer shall knowingly issue any order which is in violation of any law or ordinance or departmental rule or regulation.. 2. Obedience to unlawful orders ?' Obedience to an unlawful order is never a defense for an unlawful act;.-',.., therefore, no member or employee is required to obey any order which is contrary to Federal or State law or City Ordinance. Responsibility- for refusal to obey rests with the member. They shall be strictly required-to justify their action. 3. Obedience to unjust or improper orders Members or employees who are given orders they, feel to be unjust or' contrary to rules and regulations must.first obey the order to the best of their ability and then may proceed to appeal as provided below. 4. Conflicting orders Upon receipt of an order conflicting with any previous order or instructions, the member affected will advise the person issuing the second order of this fact, Responsibility for he the original instruction then rests with the individual issuing the second-order. If so directed, the latter command shall be obeyed f'irst. Orders will be countermanded or conflicting orders will be issued only when reasonably necessary for the good of the department. =15- E. Public, Partiality Toward All citizens shall be accorded equal treatment and protection under law. No employee shall exhibit or practice partiality for or,agai'nst any person...' because of race., sex, creed, position or influence. While on duty, no employee-shall speak d- iscourteously of any nationality, race, religion or of either sex. F. Political Activity Employees shall not represent their individual political activities as being endorsed by the Police Department, nor take part in political activities of any kind while representing the department or while in uniform. G. Alcohol Unless authorized by a supervisor, no employee shall drink any alcoholic beverage while on duty. Employees shall not drink any alcoholic beverage, while in uniform or any part thereof, whether on or off duty. Employees shall not report for duty under the influence of alcohol /drugs, nor shall they exhibit any indication of having consumed same. H. Smoking Employees of the Department shall not use tobacco when making initial contacts or at any time which would compromise the safety of the individual officer or other person. Employees shall use good judgment and common courtesy when using tobacco in the presence or view of citizens. I. Business Cards Business cards or personal cards which refer to the Department shall be used only in connection with police business, and shall conform with the city approved type. Officers shall not inscribe business cards with any message which purports to exempt the bearer thereof from the processes of this or any other department, or which purports to grant the bearer any.,' special privileges. J. Address and Telephone Numbers Department personnel are required to maintain working telephones in their '. residences. Correct telephone numbers and addresses are to be recorded with the department and if a change in either is made, it shall be re- ported i'n writing to the department within 24 hours. Addresse's and telephone numbers of departmental Personnel shall not be given out without the consent of the person involved, unless otherwise required by -law. K. Use of Department as a Mal Iing Address Employees shall not use the Department as a mailing address for mail or merchandise which is.not directly related to their official duties or as an address complying with the motor vehicle.registration on licensing provisions. L. Attorneys and Bail Bondsmen_ On duty employees shall not post bail for any person arrested, nor shall they recommend a specific attorney or bondsman. Interested persons shall.be referred to the yellow pages of the telephone book. M. Contributions - Rewards — Gratuity Employees shall not solicit o'r accept, directly or indirectly, any contribution, reward,. gift,. or anything of value from any citizen, firm or organization. Should any reward, gratuity, present, or unauthorized compensation come into an employee's possession, it shall be immediately forwarded to the Chief of Police, accompanied by a written report outlining all circumstances connected therewith. N. Officers Bearing The public will often judge the Police Department on the basis of the bearing and appearance of the individual officers in public view. Each officer's bearing, manner and deportment shall be maintained at a high standard of professionalism. Officers shall maintain an alert and attentive attitude toward their work. 0. Deportment Employees, whether on duty or off duty, shall be governed by the ordinary and reasonable rules of good conduct and behavior, and shall not commit any act tending to bring reproach or discredit upon them- selves, the department or the city. P. Information Officers shall keep themselves well informed as to departmental matters including rules and regulations, operations directives, special orders, bulletin boards, information, memorandums, etc. V. JUDICIAL RESPONSIBILITIES A. Civil Actions Employees shall not institute any civi•I action arising out of their official duties without first advising the Chief of Police in writing, -17- Occupants of a city police vehicle are - generally restricted to em- ployees, other law enforcement personnel, prisoners, victims, witnesses, complainants, or others authorized to ride under the guidelines of official department programs. Patrol officers shall notify the dis- patcher when passengers are riding in a police vehicle. VII. DISCIPLINE A. D i'sc.i p line Discipline is utilized to maintain the professional standards of the organization. Discipline is generally defined as training, although it may assume many forms in order to achieve its objectives. In essence, disciplire.As dispensed in order to improve employee conduct and to maintain adherence to organizational rules and regulations. -18- 0 0 B. Court Appearances. Employees appearing before any court or public hearing shall be dressed either in full uniform or consistent with a professional bearing and courtroom standards. C. Testifying Against the City Any employee subpoenaed to testify against the City or Police Depart- ment in any - hearing or trial shall notify the Chief of Police and; when, appropriate, the District Attorney or City Attorney, in writing. VI. VEHICLES AND EQUIPMENT A. All equipment which is the assigned responsibility or under the control of an individual employee shall be clean, in good working order, and conform to department specifications. -Each employee assigned such equipment is responsible for its care and maintenance,: They shall report promptly any damage, loss, or theft of such equipment to the watch commander who will forward a copy of the report to the Chief of Police. B. Department'Vehicles 1. Department vehicles shall not be misused, abused br overextended by department personnel. Departmental vehicles shall be used for - official_ police business only. 2. Police vehicle -- security. Unless, impossible or impractical because of duty requirements, employees shall lock the ignition and doors and retain the keys on their person when leaving a department vehicle. unattended. C. Police Vehicle - Passengers Occupants of a city police vehicle are - generally restricted to em- ployees, other law enforcement personnel, prisoners, victims, witnesses, complainants, or others authorized to ride under the guidelines of official department programs. Patrol officers shall notify the dis- patcher when passengers are riding in a police vehicle. VII. DISCIPLINE A. D i'sc.i p line Discipline is utilized to maintain the professional standards of the organization. Discipline is generally defined as training, although it may assume many forms in order to achieve its objectives. In essence, disciplire.As dispensed in order to improve employee conduct and to maintain adherence to organizational rules and regulations. -18- m 0 B. Forms of Discipline 0 1. Social Training: An educational program directed to an employee which is sponsored and /or endorsed by the department. 2. Counseling: Advice, admonition, or guidance provided to insure proper conduct. 3. Reprimand: An official written censure of an employee's conduct. 4. Suspension: A temporary removal from employment with loss of pay for the duration of the suspension. a. By agreement of both the Chief of Police and the employ.ee, one of the following may be taken in lieu of suspension: (1) Extra duty: An assignment of "extra duty" beyond the employee's regular work schedule. (2) Voluntary surrender of accumulated overtime, vacation time, or pay incentive or differential. 5. Disciplinary Probation: A trial period in which an employee's performance within the organization is re- evaluated. Disciplinary probation shall not be for more than six conclusive months. Dis- missal may result from unsuccessful performance during this period. 6. Reduction of pay: A withdrawal of salary increments previously granted as "merit increases ", as provided in the current salary resolutions. 7. Demotion: A reduction in position from one job classification to another. 8. Dismissal: Termination of employment. 9. Criminal prosecution. C. Causes for Disciplinary Action Causes for disciplinary action against any employee may include, but shall not be limited, to the following: 1. Conviction of a felony or misdemeanor under the laws of the State of California. A plea or verdict of guilty or a plea of nolo contendere is deemed to be a conviction within the meaning of this section. 2. Intoxication while on duty. -1Q- 3. Incompetency, inefficiency, inattention, or inexcusable neglect of duty. 4. Insubordination or willful disobedience of orders. 5. Dishonesty.. 6. Unauthorized or inexcusable absence without leave,'or unauthorized use of sick leave.. 7. Discourteous treatment of the public or other employees. 8: Addiction to the use of alcohol, narcotics, or habit = forming drugs. 9. Misuse, abuse, or appropriation for personal use, of City property, evidence or found property, 10. Violation of any of the provisions of the Personnel Rules and Regulations or of any departmental policy, directive or rule and regulation.. 11. Violations of the Vehicle Code. 12. Knowingly making, causing to be made, or submitting a false state- ment or report. 13.. Malicious, disparaging, or slanderous remarks, writings, etc. directed at another departmental member. D. Departmental Authority to Discipline Final departmental disciplinary authority and responsibility rests with the Chief of Police. Except for counseling and emergency suspensions, all departmental discipline must be taken or approved by the Chief of.Police. Although departmental authority rests with the Chief of Police, all disciplinary actions involving suspension, demotion or removal must be approved by the City Administrative Officer. E. Failure to Discipline Failure of a supervisory officer to take proper disciplinary steps when required shall be deemed insubordination and dealt with accordingly. F. Scope of Supervisory Authority Supervisory personnel, other than the Chief of Police, may take the following corrective measures: 1. Counsel subordinates. -20- 2. Recommend written reprimand. 3. Invoke emergency suspension. 4. Make written recommendations for disciplinary measures. G. Emergency Suspension 0 Any supervisor has the authority to impose an emergency suspension effective until the next business day,against a member or employee when such action is in the immediate best interest of the department. H. Emergency Suspension Follow -Up The recipient of an emergency suspension shall.report to the office of the Chief of Police on the next business day unless otherwise directed by competent authority. The command or supervisory officer who imposes or recommended the suspension shall also report to the Chief of Police at the same time. The Department may, from time to time, issue orders and directives not contained in this Manual. All employees of the Department shall acquaint themselves with Operational Directives, Personnel Rules and Regulations, and other Department or City regulations. RLN:ksb - - - : ROGER L: EUMAN CHIEF OF POLICE -21- r. . . C f MYO �.. ' ONSPLo on R Of, FOR SERVICFS RENDERED TO THE CITY OF SAN LUIS K M . i . . . m. NEWBY. WHEREAS, Howard M. Newby has just retired from the Southern California Gas Company after 31 years of service; and WHEREAS, the range of services rendered to the communities of San Luis Obispo County by Howard are almost too numerous to specify; and WHEREAS, Howard's spirit of friendship and goodwill have made our community of San Luis Obispo just a little bit better place to live; and WHEREAS, Howard has resided in this community and has lived as a good citizen; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Howard M. Newby's efforts,be acknowledged and appreciated on behalf of a grateful and admiring community. 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. Fitzpatrick, City Clerk Kenneth E. Schwartz, Ma R 3551 12 /J RESOLUTION NO. 3550 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENT TO LEASE FOR CONSTRUCTION OF RACQUETBALL /HANDBALL COURTS. BE IT RESOLVED by the.Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves an amended property description to be filed with the Ground Lease approved by Resolution No. 3224 for construction of racquetball /handball courts by San Luis Obispo Courthouse Racquetball /Handball Courts, a limited partnership. The Mayor is authorized to execute the amendment to the agreement. SECTION 2. The City Clerk shall furnish a copy of this resolution together with a copy of the executed amendment to San :Luis Obispo Courthouse Racquetball/ Handball Courts, the Director of Public Services and the City Engineer. 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 ATTEST: Ci erc . Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY n City Attorney A 4. ktm 4/5/78 this 18th day of April 1978. I Approved as to content: City Administrative 0 icer R 3550 AMENDMENT TO LEASE REGARDING DESCRIPTION OF PARCEL 1 The Ground Lease adopted by Resolution No. 3224 (1977 Series) on January 18, 1977, has been amended by Resolution of the San Luis Obispo City Council on February 21, 1978, to provide for a modifica- tion to the real property description of said Ground Lease, Parcel No. 1, being more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference.. Executed' this 4f' day of March, 1978, at Ventura, California. TENANT SAN LUIS OBISPO COURTHOUSE RACQUETBALL/ HANDBALL COURTS a limited partnership By ` Dennis Kut ler, General Partner Executed this day of 1978, at San Luis Obispo, California. APPROVED AS TO YO;RM: CITY CITY OF SAN LUIS OBISPO n By s% KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz By s% J. H. FITZPATRICK City Clerk J.H. Fitzpatrick City Attorney - WENDT, MITHCELL SINSHEIMER, de la MOTTE & LILLEY by Allen Grimes APPROVED AS TO CONTENT: City Administrative fficer Director of Public Services City Tih4er AREA TO BE LEASED: Parcel 1. That portion of the South half of Section 36 in Township 30 South, Range 12 East, Mount Diablo Base and Meridian, according to the official plat or plats of the survey of said lands returned to the General Land Office by the Surveyor General, described as follows: Beginning at a point on the Northwesterly line of County Road No. 324 as conveyed to the County of San Luis Obispo, by deed dated September 5, 1946 and recorded in Book 424, at page 179 of Official Records of San Luis Obispo County, which is South 30' 41' West 1248.71 feet from the intersection of said Northwesterly line with the Southerly line of County Road No. 257 as shown on ma,p of a portion of said Section 36, recorded in Book 3, at page 34, of Records of Surveys; thence leaving said North,,;esterly line North 72' West a distance of 826 feet to a point., said point being the Southwesterly corner of the property conveyed to Emily Allen Baker, by deed dated April 13, 1949 and recorded May 11, 1949 in Book 522, at page 134 of Official Records; thence North 30` 41' East along the Northwesterly line of the property so conveyed a distance 43.00 feet, thence North 59' 19' :-lest a distance of 7.00 feet to the true point of beginning, thence North 28' 08' 30" East a distance of 134.67 feet; thence North 61' 51' 30 West a distance.of 97.33 feet; thence South 28' 08' 30" West a distance of 104.00 feet; thence North 61' 51' 30 "West a distance of 6.00 feet; thence South 28' 08' 30" West a distance.of 36.67 feet; thence South 61' 51' 30" East a distance of 36.00 feet,; thence North 28' 08' 30" East a distance of 6.00 feet; thence South 61'. 51' 30 East a distance of 67.33 feet to the true point of beginning. AREA FOR MAINTENANCE, INGRESS AND EGRESS EASEMENT: Parcel 2. That portion of the South half of Section 36 in Township 30 South, Range 12 East, Mount Diablo Base and Meridian, according to the official plat or plats of the survey of said lands returned to the General Land Office by the Surveyor General, described as follows: Beginning at a point on the Northwesterly line of County Road No. 324 as conveyed to the County of San Luis Obispo, by deed dated September 5, 1946 and recorded in Book 424, at page 179 of Offic ial Records of San Luis Obispo County, which is South 30' 41' West 1248.71 feet from the intersection of said Northwesterly line with the Southerly line of County Road No. 257 as shown on map of a portion of said Section 36, recorded in Book 3, at page 34, of Records of Surveys; thence leaving said Northwesterly line North 72' West a distance of 826 feet to the true P.O.B., said point being the Southwesterly corner of the property conveyed to Emily Ellen Baker, by deed dated April 13, 1949 and recorded May 11, 1949 in Book 552, at page 134 of Official Records; thence North 30' 41' East along the Northwesterly line of the property so conveyed a distance 180.67 feet; thence North 59' 19' West a distance of 180.33 feet; thence South 30' 41' West a distance of 165.00 feet; thence South 18' 00' West to the Northerly line of Southwood Drive; thence South 72' 00' East to the true P.O.B. Excepting therefrom Parcel 1. EXHIBIT "A" Page 1 of 3 pages r w I� c� 1 1 C=100' NSON P�- P�GROoNp 30�A S28 °08' 30'.IN 104.00 N61051'30 "W 6.00 S28 008'30 "W 36.67 - S61 °51'30 "E _ 36.00 fl28 °08130 "E _ �6 3.31 30, PARCEL. I 6.00 561"51'30 "E _ 67.33 PSOUTHWOOD 372 060 00 a u O D Q M 2 N23 08'30 "E, 134.67 1\159°f9-Co-W zoo TRUE PO.B. 52208134 — 43.00' N72000b0 w 826.00 DRIVE S PORTION OP SECTION 36 T305 R12E M.C)M. CO. RD. 257 N O D 0 O M CO L Li Q J J N M O_ PROPERTY TO BE LEASED TO BKB ASSOCIATES EXHIBIT `.A' TPG /esm JUNE, (977' EXHIBIT "A" Page 2 of 3 pages r I.. =100 r OJaO jprt4SON pLP�G 590 1900 *'IJ 180.33 5 30041 * 00 •'I'1 165.00 518'00 C0�4`! PARCEL l IPARCEL 2 R,RCEL A (F640R500) 572 00 SOUTHWOOD L#Fj 0 0 0 0 M 2 N72 00000 W 826.00 DRIVE I PORTION OFSECTION 36 7,305 FUZE M.C1M. EASEMENT AREA BKB ASSOCIATES EXHIBIT ..E EXHIBIT "A" Page 3 of 3 pages CO. RO. 257 ro P' N 0 00 O h Q� (/ TN [J I� ry'"I LL O J P O. B. TPGAsm JUNE, 1977