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HomeMy WebLinkAbout3650-369941 RESOLUTION NO. 3699 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AGREEMENTS BETWEEN THE DOWNTOWN BUSINESS IMPROVEMENT AREA AND PACIFIC GAS $ ELECTRIC COMPANY REGARDING INSTALLATION OF CHRISTMAS DECORATIONS AND AUTHORIZING PAYMENT FOR POLE MODIFICATIONS NECESSARY, TO ACCOMMODATE DECORATIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows.:- SECTION 1. This Council hereby authorizes the Mayor to execute an Agreement Covering Pole Contacts between the Downtown Business Improvement Area and Pacific Gas 4 Electric Company to indemnify P.G. & E. for Christmas decorations attached to their poles. Said agreement is marked Exhibit "A ", attached hereto and incorporated herein by reference. SECTION 2. The Finance Director is authorized to execute an Agreement to Install Facilities or Perform Other Work, to provide installation of receptables and photocells for illumination of the Christmas decorations and is authorized to make payment for performance of such work. SECTION 3. The City Clerk is directed to provide copies of this resolution together with its executed exhibit agreements to: P.G. $ E-., the Administrator of the Business Improvement Area, and the Director of Finance.. On motion of Councilman 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 17th day of October , 1978. -- — R 3699 V Resolution No. 3699 ATTEST: ,w:@?fr er J.H. Fitzpatrick Approved as to form: City Attorney i1Q 7A CPTiPC Approved as to content: EO 0681 ' 62.4515 REV. 669 25 POS. � ❑ PERMITTEE ❑ DIVISION OFFICE ❑ ELEC. OPER. DEPT. ' AGREEMENT COVERING POLE CONTACTS PACIFIC GAS AND ELECTRIC COMPAATY, a California corporation, hereinafter called Pacific, THE CITY OF SAN LUIS OBISPO and_..._.– .. - - - - -- •---•------ .._....____..�...._��.`_�_ __�.._._...�.._.. —�_. _— .......... _. --._- .._- ..... .............. _- - - - -_. ........... __,__..., hereinafter called Permittee, hereby agree as follows: 1. In consideration of Permittee's orumises herein Pacific hereby gives Permittee permission, on the terms and conditions herein stated, to install, maintain and use equipment on the poles and for the purposes designated on the sketch attached hereto, marked Exhibit A and hereby made a part hereof. 2. This permission is personal to Permittee and shall not be assigned in whole or in part without the written consent of Pacific first being had. 3. Permittee shall install its equipment on said poles in the manner designated on Exhibit A, and thereafter at all times maintain and operate same in a skillful, lawful and proper manner satisfactory to Pacific and so as not in any way- to interfere with any power line, telephone line or other structure maintained or operated by Pacific or others.. 4. Permittee shall pay to Pacific on the first day of each January the sum of $.........._free.._. - . ........... for each pole co�tacted hereunder on such day, provided, however, that such payment shall not be less than $ ................ree _. ............ _ .... so long as Permittee shall contact any of said poles hereunder.. 5. All of said equipment shall be installed and maintained at the sole risk and expense of Permit - tee, and in this connection Permittee shall indemnify Pacific, its officers, agents, and employees against all loss, damage, expense, and liability resulting from injury to or death of person or injury to property arising out of or in any way connected with the exercise by Permittee of the privileges herein given. 6. Within thirty days after being given written notice by Pacific to do so, Permittee shall remove its equipment from such poles as may be designated in such notice, and at the expiration of said time all rights of Permittee to use such poles so designated shall forthwith cease. If Permittee fails to re- move its equipment from such poles within said time, Pacific shall have the right to do so at Permittee's risk and expense. Such removal. whether by Pacific or Permittee, shall not release Permittee from any obligation, whether of indemnity or otherwise, accruing prior to such removal or arising out of an occurrence happening prior thereto. 7. If Permittee fails to use its equipment for any period of sixty consecutive days that fact shall be conclusively presumed an abandonment thereof by Permittee and shall terminate all rights of Per - mittee. hereunder; whereupon Pacific shall have the right, on giving Permittee ten days' written notice of its intention so to do, to remove said equipment at Permittee's risk and expense, and retain same as its own. Such abandonment shall not relieve Permittee of any obligation, whether of indem- nity or otherwise, accruing prior to completion of such removal by Pacific or which arises out of an occurrence happening prior thereto. 8. Any notice to Permittee hereunder shall be deemed given on the date of its deposit in a United States post office enclosed in an envelope, postage prepaid, and addressed to Permittee at its last known address. 9. Permittee shall obtain from public authorities.and private owners of real property any and all permits, licenses or grants necessary for the lawful exercise of the permission hereby given. 10. Time is of the essence hereof. Executed this.__1_7th.-....-- _..._day Total Poles .................8 Total Annual Charge $ .........q ..................... Attest,: S7 I H. FITZPATRICK City Clerk J.H. Fitzpatrick PACIFIC GAS AND ELEC'T'RIC COMPANY B y----.- ................ - .... - ................ ................. -- ....... _. -.. -- for DIVISION MANAGER CITY OF SAN LUIS OBISPO ... -- . -• ..............-•--................... ................--.................................... PERMITTEE sl KEgNE€H,E. SCHWARTZ_ - - - -- _. -.__- ---- By Kenneth. E. Schwartz, Mayor I This agreement covers the following street light poles and contacts: .Electrical outlets and decoration holders: Pole numbers 206, 723, 190 on Chorro Street Pole numbers 244, 728, 240, 727, 237 on Monterey Street. 9 ri EXHIBIT A" F- V)i ra n - -PnL� DSGN. CHKD. O.K. DA -1 E 1 SCALE CATE DESCRIPTION 9^; 7.7 L II 1t Durso a'r S HE PACIFIC GAS AND ELECTIRIC CCN!PANiY DRAWING NIUMEEMI RE i I SAN FRANCISCO. CAL'=07R.N!A 2 � RESOLUTION NO. 3698 .(1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE DOWNTOWN BUSINESS. IMPROVEMENT AREA AND ROBERT STRONG, A.I.P., FOR PARKING CONSULTANT SERVICES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement attached hereto, marked Exhibit "1!' and incorporated herein by reference, between the City of San Luis Obispo Downtown Business Improvement Area and Robert Strong, A.I.P.j for parking consultant services is hereby approved and the Mayor is authorized to execute the same. SECTION 2. That the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Robert Strong; A.I.P., Business Improvement Area Administrator, and the City Finance Director. On motion of- Councilman To gzncen, 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 108. ATTEST: Cit er< H. Fitzpatrick Approved as to form: City -Attorney this -17th_ day of October 1 \VllllV \.l L. Approved as to content: City X&m inistrative Officer R 3698 'J AGREEMENT FOR PROFESSIONAL SERVICES This agreement, made and entered into this 17th day October , 1978, by and between the SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT AREA, herein- after called "BIA," and ROBERT STRONG, A.I.P., hereinafter called "Consultant," providing for certain planning studies and project coordination functions related to parking development to be performed by Consultant to assist BIA; WITNESSETH: WHEREAS, the City of San Luis Obispo is formulating a specific plan for the development of the downtown area and has invited the active involvement, advice, and assistance of the BIA in determining goals, policies and proposals for improvement: and WHEREAS, the BIA previously employed Consultant to conduct preliminary studies for that purpose, and adopted certain recommendations composing a basic plan which should be presented, refined or revised as part of specific plan consideration; and WHEREAS, the BIA also requires assistance and coordination of certain improvement projects and implementation studies which it proposes to undertake or initiate, particularly related to downtown parking; and WHEREAS, the BIA determined that Robert Strong, A.I.P., is qualified and capable of providing such assistance and coordination, and requested a proposal for certain consultant services; NOW,'THEREFORE, in consideration of these facts, the parties mutually agree as follows: 1. SERVICES TO BE PERFORMED BY CONSULTANT. Consultant will perform services outlines in Exhibit ".A" attached hereto and incorporated herein by reference. E 0 2. TERM OF AGREEMENT. The term of this agreement shall be from July 1, 1978, to July 1, 1979, unless terminated earlier by either party on fifteen (15) days written notice. 3. ADDRESSES. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: BIA: Business Improvement Area c/o City of San Luis Obispo Post Office Boz 321 San Luis Obispo, CA 93406 Copies to the attention of: City Clerk and BIA Administrator CONSULTANT: Robert Strong, A.I.P. One Buena Vista San Luis Obispo, CA 93401 4. COMPENSATION AND REIMBURSEMENT. Consultant will be compensated for professional services outlined in the scope of work, Exhibit "A ", on the basis of actual time and expenses, at the rate of Thirty Two Dollars ($32.00) per hour exclusive of expenses not associated with normal overhead. Allowance for regular meeting and consulta- tion is included in a minium quarterly payments of $1,500.00. Actual time and expenses shall be itemized and billed quarterly, provided that the total time and expense compensation under this agreement, shall not exceed Seven Thousand Dollars ($7,000.00). Invoices will be presented quarterly, during October 1978, January 1979, April 1979, and July 1979 (final invoice). 5. ASSIGNMENT. This is an agreement for professional services based upon personal per- formance of the Consultant and is not assignable without prior written consent of the BIA. -j- i IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the date first written above. CONSULTANT: ,,ROBERT. +STRONG, A.I.P. r SAN LUIS OBISPO DOWNTOWN BUSINESS IMPROVEMENT AREA I. 31-HW-;4RFa By Mayor Kenneth E. Schwartz City of San Luis Obispo ATTEST: sZ !. H. FITZPATRICK City Clerk J. H. Fitzpatrick Approved as to form: Approved as to content: i i City Attorney City Administrative Officer -3- EXHIBIT 'A' SCOPE OF WORK BIA PARKING COMMITTEE CONSULTANT SERVICES The services of the consultant will be performed in cooperation with the BIA Parking and Traffic Circulation Committee and the BIA Board of Directors, and involve consultation, research, assistance in presentations to the City and related tasks including the following: 1) Prepare for and attend an average of three committee and board meetings per month to assist in formulation of parking program. 2) Act as liason with various City departments or other agencies or parties involved with recommended parking program implementation, and assist in preparation and presentation of a program report to the BIA Board and City committees and Council. 3) Coordinate with City community development, public services and police department representatives, and utilize other City professional and technical staff where available to obtain assistance, without additional consultant cost to the BIA, and to minimize duplication of effort. 4) Assist in review and comment on related items or issues such as downtown specific plan formulation; parking improvement and maintenance programs; enforcement problems; in -lieu fees and assessment district formation proposals, and related topics. -1- I � 5) Prepare and present project proposals and programs for funding recommended improvements, including attention to each of three concerns as outlined in the following (excerpt from letter of proposal dated 6/7/78) operational, acquisi- tion and structual improvements: Operational aspects involve problems such as meter or other enforcement time allowances, rate changes, coordination of public and private (or adjoining private) lots, administration of a customer parking validation program, and initiation of employee. parking program. Acquisition projects will include proposals for optioning, leasing, purchase or exchange for proposed priority off - street public parking lots and /or structure development. The anticipated areas of acquisition involve private properties along Palm Street between Osos and Chorro Street frontages, and the northwest side of Marsh Street between Nipomo and Garden. Additionally, however, alternative areas at the southeast edge of the core area will also be examined and evaluated. Structural alternatives, including multilevel parking design and surface parking lots, both temporary and permanent., will be schematically presented and concep- tually evaluated. If applicable to present public properties, specific projects will be recommended', including related design, construction, operation and acquisition programming, as well as preliminary finan- cing proposals. -2- RESOLUTION NO. 3697 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING.AN AGREEMENT BETWEEN THE CITY AND CONTINENTAL SERVICE COMPANY FOR CONSTRUCTION OF A WATERLINE FOR BANK OF AMERICA DEVELOPMENT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "1" and incorporated herein by reference, between the City of San Luis Obispo and Continental Service Company for construc- tion of a waterline to serve a proposed Bank of America development 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 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 October , 1978. ATTEST: Fitzpatrick, City er c and adopted this 17th day of vor Z R 3697 Approved as to form:. Approved as to content: City Attorney City A ni"strative Officer Director of Public Services EXHIBIT AGREEMEW AFFECTING REAL PROPERTY THIS AGREET Nt, dated October 17th , 1978, for the convenience of the parties hereto, is between, (1) THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City "; (2), Continental.Service Company, a California Corporation, the developers of the real property described herein, hereinafter collectively called "Developer "; and (3), Cuesta Valley Properties fee owners of the real property described herein, and each of them, hereinafter collectively called WITNESSEPH: 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 to consider assistance :hi 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. 2. Project Description. (Refer to Exhibit "A" attached) A. Construction of approximately 560 feet of 8 -inch diameter water line in Hi -uera Street from Santa Rosa to Toro with two fire hydrants. and other appurtenances. Estimated cost of the project is $30,000. B. Developer's Portion.. The entire project as described above is the responsibility of the Developer and shall be funded by.him unless the City Council determines that City participation is merited as pro- vided below. 4 C. City's Portion. The possibility of City participation in the cost of this project will be considered by the City Council as provided for under Resolution No. 2435, the "$20,000 Quarterly" Finding Program. If the Council determines that this project is eligible for partial City funding under this program, such amount as is approved by them but not to exceed $20,000, will be allocated by the City for such funding participation. Accep amce by the Developer of said City funding assis- tance 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_ property generally described as located on the southerly side of Higuera Street between Santa Rosa Street and Toro Street, San Luis Obispo, California, and more partic- ularly described by Exhibit "B ", attached hereto, and incorporated herein by reference. 4. City agrees to prepare plans and specifications for performing the work to City standards and City agrees to advertise for bids, to award and admini- ster the contract and to 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 $3,000 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 airount as is necessary to pay for his portion of the improvements described in Paragraph 2 above, in full, Page 2 I -- to be computed as followse The "successful bidder's ocntiaat price - plus prorated City engineering, inspection and administrative costs, less the initial deposit, and less any funding provided by action of the City Council as provided for in Section 2-C above. 6. 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% deposit will be for- felted and retained by the City. 7. The cost of all change orders, to be paid within ten (10) days after receiving notification thereof from the City. 8. For planning purposes, the City estimates that the water system improvement will be canpleted 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. 9. 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. 10. 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 tc1 herein prior to the canpletion of the water system improvements described above. U. 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 YHERECF, the parties hereto have executed this Agreement on the day and year first above written. IW% )DEVECAPER: &,,,4v, CUESTA VALLEY PROPERTIES Page 3 OF SAN LUIS OBISPO, icipal Corporation L9F AT=: Ci drk J.H. Fitzpatrick Approved as to form: Approved as to content: George Thacher, City Attorney City AaT01SYxati a:rid& Dl-rectbr-of Public Services Utilities Engineer/Superintendeht Page, 4 ExNreir A -, j VI 325 ,y ti by TORO ST. Fc 17 61 I 4i 10' "I'l el 7 tib AV) 6 1 :41 4l el 4 191 m. yti "I'l el 7 tib AV) 6 1 :41 4l el 4 191 Ot o Ot co SA NTA 0 A 5 7-. 0 .10 yti Ko � ° 2211 - M I I :L+ Ot o Ot co SA NTA 0 A 5 7-. 0 .10 EXHIBIT "B" Lots 1 through 12 inclusive in Block 29 of the Buckley Tract in the City of San Luis Obispo, County of San Luis Obispo, State of California. Also, that portion of Block 29 of the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record May 1, 1878 in Book A at Page 168 of Maps, described as a whole as follows: Beginning at the intersection of the southeasterly line of Higuera Street with the northeasterly line of Santa Rosa Street, said point being the northeast corner of that portion of Lot 1 in Block 29 of the Buckley Tract conveyed to the City of San-Luis Obispo by Edison A. French and Frances A. French by deed dated December 6, 1976 in book 1940 at Page 222 of Official Records in the County of San Luis Obispo, State of California; thence from said point of beginning North 53 044' East along the southeasterly line of Higuera Street a distance of 390.18 feet; thence South 35 °56' East a distance of 1.22.68 feet; thence South 530 23' 35" best along the southerly boundary lines of Lots 1 through 12 of the Buckley Tract and the easterly extension thereof, a distance of 389.55 feet to a point on the northeasterly line of Santa Rosa Street, said.point also being the southeast corner of that portion of Lot 1 of the Buckley Tract conveyed to the City of San Luis Obispo; thence along the northeasterly line of Santa Rosa Street North 36 019' West a distance of 124.99 feet to the point of beginning. i 11 Resolution No. 3696 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT POLICE OFFICER LOUIS J. SCHWEIBERT 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 contracting 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 Louis J. Schweibert employed by the City in the position of Police Officer, has been filed with the Public Employees' Retirement'System; and WHEREAS, the City has reviewed the medical and other evidence relevant to such alleged disability; NOTT, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, that this Councl.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 October 1, 1978, the date after his completion of one year of temporary disability leave as required by tabor Code Section 4850. BE IT FURTHER RESOLVED that there is not a possibility of third =party liability present On motion of Councilman- :Torgensen seconded by __ - Mayor - Schwartz - - - -, and on the following roll call vote. AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT None R 3696 Resolution No. 3696 the foregoing resolution was passed and ATTEST: C' Clerk J.I. Fitzpatrick Approved as to form: City Attorney (1978 Series) this 17th day of October, 1978. yor Kenneth E. Schwartz Approved as to content: " A;; 0*4f City AdmillfstrativJ O icer Personnel Direct cpf RESOLUTION NO. 3695 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPRORIATIONS FOR THE 1978/79 FISCAL YEAR AND AUTHORIZING THE TRANSFER OF GENERAL RESERVE FUNDS. BE IT RESOLVED BY THE COUNCIL of the City of San Luis Obispo that the following General Fund Appropriation account be increased to provide for emergency repairs to Fire Department vehicles. Account Description Amount 01- 4107 -073 (85) Fire Department - Vehicle $20,000. DR. Repairs and Overhauls 01- 0510 -000 Appropriations 20,000. CR. 01- 0410 -000 General Reserves 20,000. DR. 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 17th day of October 1978. ATTEST. J,)*��' erc J.H. Fitzpatrick Approved as to form: City Attorney , Approved as to content: R 3695 RESOLUTION NO. 3694 (1978 Series) i 1 A RESOLUTION OF THE-COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR,SUB- DIVISION 78 -193, LOCATED AT 3310 AND 3320 FLORA STREET. BE IT RESOLVED by the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 78 -193 and the Planning Commission's recommendations, staff recommendations, and reports thereon, makes the following findings: (1) The proposed parcel map and design are consistent with the General Plan. (2) The site is physically suited for the proposed type and density of develop- ment permitted by the R -1 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 -193 be subject to the following conditions: (1) All new lot corners shall be staked by a registered civil engineer or licensed surveyor. (2) Street trees shall be provided per Public Services Department approval if fees have not previously been paid for Tract 471 or Minor Subdivision 77 -16. (3) Minimum dimension between existing house on parcel C and the parcel's northerly property line shall be 5- feet.. (4) Subdivider shall submit a grading and drainage plan to the city engineer for review and approval prior to final map approval. (5) Subdivider shall relocate all utilities so that they are within each individual lot served, if necessary. Relocation and as -built plan revisions shall be to the satisfaction of the city engineer. 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 R 3694 I Resolution No. 3694 Minor Subdivision-78-193 Page 2 the foregoing resolution was passed and adopted this 17th day of October , 1978. ATTEST: Ci err, J.H. Fitzpatrick Approved as to form: Approved as to content: By George Thacher, City Attorney strative utticer community Development Department Dan Smit nior Planner C tty E I n r drs 10/6/78 RESOLUTION NO. 3693 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -77 -27 LOCATED AT 2650 AUGUSTA ST. BE IT. RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map SLO -77 -27 as contained in Resolution No. 3514 (1978 Series). SECTION 2. Whereas a set aside letter for the amount of $13,400 has been deposited with the City of San Luis Obispo, to guarantee completion of required improvements as described in the attached agreement., to be released upon approval of the City Engineer. SECTION 3. This Council now grants final approval of Parcel Map SLO- 77 -2.7 and authorizes the Mayor to sign the agreement. On motion of Councilman Jorge,nsseconded byCouncilman Settle on the following roll call vote.:. and AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this '17th day of October , 1978. R 3693 ATTEST: City C J. H. Fitzpatric Approved as to form: M8"-� George C.1 Thacher City Attorney Approved as to content: City inistrative 0 icer ,'City ine r b I` ti F�a it N4 tit Q c V M W 8 M iJ_1[ j9 �1 C i= N ,t1 V y 0 �a l� i Q YL 6/79/7d � V lj it 1 mtl } 10, •� J O `a �rT Q � • o � a VA L e `s �k 3 i f� a �w RIM— . � I �8 3I � yl z b r t a . A � r B: � _ A I` ti F�a it N4 tit Q c V M W 8 M iJ_1[ j9 �1 C i= N ,t1 V y 0 �a l� i Q YL 6/79/7d � V lj it 1 mtl } 10, •� J O `a �rT Q � • o � a VA L e `s �k 3 i f� a �w � I �8 I` ti F�a it N4 tit Q c V M W 8 M iJ_1[ j9 �1 C i= N ,t1 V y 0 �a l� i Q YL 6/79/7d � V lj it 1 mtl } 10, •� J O `a �rT Q � • o � a VA L e `s �k 3 i f� a �w AGREEMENT THIS AGREEMENT, dated this 17th day of October 1978 by and between ESCUDO DEVELOPMENT COMPANY 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 Parcel Map No. 77 -27 City of San Luis Obispo, California ", as approved by the City Council, on the 17th day of October ,19 78 WHEREAS, the Subdivider desires that said •Parcel .Map No. be accepted and approved as a final map-pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Sub- divider agrees to install the street improvements and utility 1-ines 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.approvai 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 IMPROVEMfENTS 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 Sr,hdivider in accordance with said approved plans and specifications. 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 twelve (12) months of said recording date, unless an-'extension has been.granied 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. Said conditions .are as set forth in Raragraph B of Resolution No. 3514•(1978.series) of the San Luis Obispo City.Council.adopted February 21, 1978. Conditions are being made a part of this agreement. 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- j 1 'udirldcr IIcieliy atIachcs neicto, auu as an integral part hereof, ind 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 $13,400.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to- remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements. occurring within twelve (12) months after acceptance thereof.. In accordance with Section 11612.1 (c) of-the Business and Professions Code of the State of California, upon final completion and acceptance of the work, .City . will release all but 100 of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. } Completion of the work shall be deemed to have occurred on-the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety.. '. The Subdivider agrees to deposit with the Cit,y,i 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 $:500.00 , 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 $ 500.00 the difference is to be paid by the City of San Luis Obispo. The City reserves the sole discretion in determining -3- the amounts to be paid for salary and expenses. of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and.all other documents filed'With'the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under e. 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:- 17th day of October 1978 Approved as to form City Attorney 19th day of October 1978 • Ci^EngineeY J A. ' } _ q _ • ESCUDO DEVELOPMENT COMPANY subdivider WILLIAM/D RIGHT, Pres. Mayor, Kenneth E. Schioartz Attest: City Clerk J.H. Fitzpatrick /l RESOLUTION NO. 3692 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT CERTAIN TREES ARE PUBLIC NUISANCES IN THAT SAID TREES CONSTITUTE DANGEROUS OBSTRUCTIONS TO STREAM FLOW IN THE CITY OF SAN LUIS OBISPO, AND ORDERING THE ABATEMENT OF SAID OBSTRUCTIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That on September-19, 1978, this council adopted Resolution No. 3674 (1978 Series): SECTION 2. That by.said Resolution No: 3674, this council preliminarily determined that certain trees,constitute dangerous obstructions to stream flow within the ,'City of San Luis Obispo, as set forth on Exhibit "All-attached hereto and incorporated herein by this reference. SECTION 3. That by said Resolution No. 3614, this council set October 17, 1978, at 7:00 P.M., in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, as the time and place for public hearing on this preliminary determination. SECTION 4. That in accordance with the provisions of Resolution No. 3674, this council held a public hearing this date, October 17, 1978, concerning the preliminary determination made in Resolution No. 3674. SECTION S. That upon sworn, competent testimony by witnesses, this council finds and determines that the trees set out and described.in Exhibit "A ", and each of them, is a public nuisance under the provisions of Municipal Code Section 4400.1 et seq., in that said trees constitute dangerous obstructions to stream flow in the City of San Luis Obispo. SECTION 6. That this council further finds and determines that there is sufficient cause to require the abatement of said nuisances and this council does hereby order that the nuisances be abated within thirty (30) days of the adoption of this resolution. Said nuisances shall be abated by performance of the abatement work required as set out in Exhibit "A ". GCT :ktm 10/9/78 R 3692 C • Resolution No. 3692 (1978 Series) SECTION 7. That the City Clerk is directed to serve notice of this resolution and order as required by law and pursuant to Municipal Code Section 4400.11, the City Administrative Officer, or such other city official, as may be designated by him, is directed to abate said nuisances as necessary in the event the property owners, or any of them, have not abated the nuisances within the time limit set out in Section 6, hereinabove. On motion of Councilman .Dunn. seconded by Councilman. Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17th day of _October 1978. ATTEST: City rc . H. Fitzpatrick, Approved as to form: Approved as to content:. City Attorney City Adm nistrative Officer -2- 13 � I Exhibit "A" Owner Location Parcel Abatement Required Al & D.G. Gilbert Adjacent.to.San Luis 02- 341 -13 -000 Safety prune large Obispo Creek behind eucalyptus leaning 1218 Pismo over creek San Luis Obispo In Stenner Creek off National Bank Santa Rosa 52- 181 -01 -000 Remove 10" willow laying over in creek D.F. & B.E. Blausey In Old Garden Creek behind 754 Lincoln 01- 185 -11 -000 Remove or protect undermined sycamore M.F. Bowman In San Luis Creek behind 581 Dana 02402 -14 -000 Remove large willow clump Chorro Lodge Along San. Luis Creek #168 I.O.O.F. behind IOOF Cemetery 53- 021 -23 -000 Remove large on Elks Lane eucalyptus Laguna Lake Co. Along Prefumo Creek 53- 111 -36 -000 Safety prune large in Mobile Home Park sycamore Noyes or Etal Along Prefumo Creek 53- 112 -23 -000 Safety prune large near end.of Fairway sycamore Drive Peram Inc. Along Froom Creek 53- 171 -19 =000 Remove small. west of Calle eucalyptus Joaquin J RESOLUTION NO. 3691 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING.AN AGREEMENT BETWEEN THE CITY AND GRASS ROOTS II TO SUPPORT ITS PROGRAM THROUGH DECEMBER 31, 1978. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated-.,herein by reference, between the City of "San Luis Obispo and GRASS ROOTS II, to support its program through December 31, 1978, with conditions for extension established by the agreement, 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: Grass Roots II, Human Relations Commission and City Finance Department. On mot -ion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen; Petterson,.Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this _3rd___ day of October , 1978. ATTEST: C` erk J.H. Fitzpatrick R 3691 RESOLUTION NO. 3691 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING.AN AGREEMENT BETWEEN THE CITY AND GRASS ROOTS II TO SUPPORT ITS PROGRAM THROUGH DECEMBER 31, 1978. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated-.,herein by reference, between the City of "San Luis Obispo and GRASS ROOTS II, to support its program through December 31, 1978, with conditions for extension established by the agreement, 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: Grass Roots II, Human Relations Commission and City Finance Department. On mot -ion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen; Petterson,.Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this _3rd___ day of October , 1978. ATTEST: C` erk J.H. Fitzpatrick R 3691 Approved as to form en e , City Attorney Approved as to content: ' N 0 < J A G R E E M E N T Grass Roots II THIS AGREEMENT, dated July 1, 1978, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO.' a chartered municipal corporation (hereinafter referred to as "City ") and GRASS ROOTS II, a non - profit corporation (hereinafter referred to as "Association "). WITNESSETH: WHEREAS, Grass Roots 11 is an association of persons formerly participating in the Federal Grass Roots Program which was terminated; and WHEREAS, said persons are dedicated to.the goals and ideals of the former Grass Roots program; and WHEREAS, City recognizes that the Grass Roots program has served both a public purpose and a municipal purpose, and City desires to see the continuation of the Grass Roots program, or an equivalent thereof; and WHEREAS, Association has represented to the City that it has the manpower and expertise to carry on an effective program equivalent thereto; and WHEREAS, Association has provided a satisfactory program with City financial assistance since April 1, 1972, and both parties desire to continue this worth- while community service-. NOW, THEREFORE, City and Association, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows 1. This Agreement shall be effective as of July 1, 1978, and shall ter- minate December 31, 1978. A. The Human Relations Commission, with input from the Grass Roots II Board of Directors and from City Council, wil.1 within the first six months of the new fiscal year, 1978 -79, prepare a set of guidelines and evaluation process to provide an effective input into the operation of Grass Roots 11 as it pertains to City funded monies. B. The budget for Grass Roots II for 1978/79 will be approved for six months only, with the remaining six months being subject to its compliance with the established guidelines. This evaluation to be done on a month -to -month basis. 2. Association agrees to use its best efforts to operate a program within the City of San Luis Obispo similar to the former Grass Roots program. Services to be provided by the Association include information and referral, crisis coun- seling, emergency services, a voice of advocacy and other benefits for (but not limited to) low income persons. 3. City agrees to pay Association the total sum of Twenty -One Thousand, Nine Hundred Thirteen Dollars ($21,913.00) for services actually provided during said period, payable each month in six equal installments on or before the last day of each month, commencing July 31, 1978, and continuing through December 31, 1978. 4. Association will provide City with monthly summary reports describing the type and quantity of services provided, and listing funds expended and funds received by Association from other sources. The reporting shall be done in accordance with the provisions of the of the "Guidelines -for Reporting," dated July, 1978, a copy of which is attached hereto, marked Exhibit "B ", and thereby incorporated herein. 5. Association shall not in any manner represent that it is an agency of City. Association and all o:f its agents, representatives, and participants in any manner in the Grass Roots II program shall be independent contractors or volunteers for Association and shall not be considered as employees or agents of:City for any purpose. Association agrees to hold the City harmless and defend the City in any action, proceeding or hearing wherein the cause of action of claim is based upon an allegation that any person participating in the Grass Roots II program.is an employee or agent of the City. -2- J� 6. Association shall hold the City harmless from all claims and liability arising from the operation of the Grass Roots II program. Association shall obtain and keep current a liability insurance policy with property damage coverage of not less than $50,000.00 for each person on account of any one occurrence, and with personal 'injury coverage of not less than $100,000.00 for each person and $300,000.00 total for each occurrence. The City shall be specifically listed as a named insured in said policy, which shall contain a provision that there shall be no cancellation or material change in coverage without thirty (30) days prior written notice to City. 7. The City Council may by motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to Association. Said termination shall be effective thirty (30) days after City mails notice of termination to Association. 8. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: City Clerk P. O. Box 321 San Luis Obispo, CA 93406 Association: Grass Roots II, Inc. 1371 Pacific Street B San Luis Obispo, CA 93401 -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized. GRASS ROOTS II, INC. By: rest �J TreasureV CITY OF SAN LUIS OBISPO By: s% KENN- 7 H E. SCHWARTZ Mayor Kenneth E. Schwartz ATTEST: s( J. H. FITZPATP CK City Clerk J. H. Fitzpatrick Approved as to forTj:f Approved as to content: ity Attorney Allen Grimes City Administrative OxLcer F Hance / on Chairperson Voae- -4- r - BYLAWS OF SAN LUIS OBOSPO GRASSROOTS II, INCORPORATED ARTICLE I THE CORPORATION if I The Name of the Corporation shall by SAN LUIS OBISPO GRASSROOTS II, INCORPORATED, and for purposes of designation shall hereinafter be referred to as the "Corporation ". 2. The fiscal year of the Corporation shall begin on the 1st day of July and end on the last day of June in each year. 3. The principle office of the Corporation shall be within the city limits of San Luis Obispo, California. 4. Primary purpose for which this Corporation is formed is to promote better community conditions for the low - income families of San Luis Obispo. The general purpose and powers for which this Corporation is formed is the development of the whole person and the well -being of the family unit to strengthen the community in which that family has its roots.. ARTICLE II MEMBERS OF THE BOARD 1. The Board of Directors shall be composed of twelve (12) adult persons, as followst Four (4) members of the Board of Directors shall be representatives of the.private sector of the County of San Luis Obispo, Four (4) members shall be representatives of the public sector of the County , and the remaining Four (4) members shall be representatives of.the low- income sector of the County of San Luis Obispo, until changed by amendment of these bylaws. 2. All Directors shall be residents of San Luis Obispo County. EXHIBIT A i, 3. Directors shall be elected for terms of three years. 4. Vacancies on the Board of Directors caused by death, resignation, or any other cause may be.filled by a majority vote of the remaining'Directors. 5. The Board of Directors may grant up to three (3) months inactive status to any Director upon request. Under such conditions a quorum shall consist of fifty (50) percent plus one (1) of the remaining active Directors. 6. A Director who misses three (3) consecutive, regular Board Meetings, without an excuse acceptable to the Board, may be removed as a member and a successor elected. 7. At each meeting of the Board of Directors each Director present, whose name appears on the current active list of Directors, shall be entitled to cast one vote. p� 8. Directors of the Corporation shall serve without remuneration P for such service. ARTICLE III MEMBERS OF THE CORPORATION 1. The Corporation shall have one class of membership with property, voting, and.other. rights, interests, and privileges equal throughout the class. 2. Upon approval by the Board of Directors any adult person residing within the County of San Luis Obispo is eligible to become a member of the Corporation.. 3. As a condition precedent to membership each prospective member must agree to be bound by these bylaws, and must pay to the Corporation the sum of One Dollar ($1.00). Membership shall be renewed annually, and -3- said dues shall become due and payable no later than January 15th of each succeeding year. Members who have not paid their dues on or before February 15th of any particular year shall be dropped as members of the Corporation. 4. A member may withdraw from membership in the Corporation by delivering to the Secretary a written statement to that effect. The withdrawal shall become effective upon acceptance of the Board. ARTICLE IV MEETINGS OF THE BOARD 1. An annual meeting of the Corporation shall be held during the month of January of each year at such day, time and place as shall be determined from time to time by resolution of the Board of Directors. Written notice of the annual meeting shall be mailed to each Board member at least.seven (7) days prior thereto. 2. A meeting of the Board of Directors shall be held immediately after each Annual Meeting for the purpose of electing from among its members a President, Vice - President, Secretary, and Treasurer; each officer so elected.shall serve for a term of one (1) year, or until the election and qualification of his successor. Other business may be, also, transacted at this meeting. 3. Regular meetings of the Board of Directors shall be held as often, and at such stated periods as the Board of Directors may them- selves, at one of their regular meetings, determine. No notice of regular meetings need be given provided the Board of Directors �- -3- said dues shall become due and payable no later than January 15th of each succeeding year. Members who have not paid their dues on or before February 15th of any particular year shall be dropped as members of the Corporation. 4. A member may withdraw from membership in the Corporation by delivering to the Secretary a written statement to that effect. The withdrawal shall become effective upon acceptance of the Board. ARTICLE IV MEETINGS OF THE BOARD 1. An annual meeting of the Corporation shall be held during the month of January of each year at such day, time and place as shall be determined from time to time by resolution of the Board of Directors. Written notice of the annual meeting shall be mailed to each Board member at least seven (7) days prior thereto. . 2. A meeting of the Board of Directors shall be held immediately after each Annual Meeting for the purpose of electing from among its members a President, Vice- President. Secretary, and Treasurer= each officer so eledted shall serve for a term of one (1) year, or until the election and qualification of his successor. Other business may be, also, transacted at this meeting. 3. Regular meetings of the Board of Directors shall be held as often, and at such stated periods as the Board of Directors may them- selves, at one of their regular meetings, determine. No notice of regular meetings need be given provided the Board of Directors -4- shall have, by resolution, duly adopted and established a date, a time, and a place for regular meetings. 4. Special meetings of the Board of Directors may be held from time to time by the call of the President, or by the call of any four (4) Directors. Notice of special meetings shall be given to each Director by delivering such notice at least three (3) days prior to the.time of suoh.•a meeting. Such notice shall state the purpose of the meeting. The notice of a meeting Should be deemed to be delivered When deposited in the United States mail addressed to the Director at.his address as it appears on the records of the Corporation with the postage thereon prepaid. All noti6es,7of special meetings shall be,followed by phone calls. 5. Any action by the Board of Directors may be taken without a meeting if all members of the Board of Directors shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the Minutes of the proceedings of the Board of Directors. ARTICLE V CORPORATION RECORDS The Corporation shall keep correct and complete books and records of account, and shall also keep minutes of the proceedings of its Board of Directors meetings, and shall keep at the Headquarters or principle office a record giving the names and addresses of the members. All books and records of the Corporation may be inspected by any Director or his /her agent or attorney at any reasonable time. The Board may cause an audit of the records of the Corporation to be made each year by a competent auditor. ARTICLE VI BOARD DUTIES AND POWERS 1. The Directors of the Corporation shall have and exercise the following duties and powers: A. To conduct.the Business of the Corporation; B. To exercise all corporation powers of the Co_rporationy C. To call special meetings of the Board of Directors; D. To appoint a licensed auditor that shall audit the books of the Corporation within thirty -one (31) days after the closing of the books, or as soon thereafter as possible, and to receive and enter into the Minutes of the Board of Directors the report of the auditor. 2. The President, Vice - President, Secretary,, and Treasurer shall each have the authority and duties customarily associated with the office, together with such other authority and duties as shall be delegated to, or placed upon them without limiting the generalities of the foregoing;. A. The President shall preside over all meetings of the Board of Directors, shall sign all contracts and other ..instruments which have been approved by the Board of . Directors, generally shall direct the affairs of the Corporation. He /she shall appoint all committees necessary and prescribe the duties of officers whose duties are not otherwise defined. f B. The Vice- President, in the absence, inability, or refusal to act, of the President, shall exercise all authority and perform all duties granted to or enjoined upon the President by lax, or by these bylaws. C. The Secretary shall keep a record of all proceedings of the Board of Directors, shall serve all notices required by lax, or by these bylaws, shall:mainta n. appropriate records of the Corporation, and in general perform such other secretarial duties as may from time to time be assigned by the Board of Directors; or the President. The Secretary shall notify all Directors in writing of all proposed amendments to the bylaws five (5) days prior to the general meeting, D. The Treasurer shall effect all payments of obligation which have been approved by the Board of Directors. Additionally, the Treasurer shall make a report of the financial. condition of the Corporation at each regular meeting, shall maintain a_list of all.property belonging to the Corporation, shall be custodian of all funds, tax papers, insurance papers, license permits, and other similar papers and documents, and shall see that all necessary reports, tax data and'returns are filed with the proper Federal, State, and local authorities. -7- E. The above named officers shall comprise the Executive Committee. 3. Either the President or Vice - President should be a representive of the lox- income sector. 'Officers should be elected from each sector insuring that the Executive Committee, composed of all officers, reflects the three (3) sector composition of the Board of Directors. 40 The Executive Committee shall be empowered by the Board of Directors to act in its stead in emergency situations provided that such action falls within the realm of established policy. Minutes of all such meetings shall be taken, and included in the next Board .package. 5. A quorum of the Executive Committee shall be fifty (50) percent plus one (1). 6. In the event of an absence for more than thirty (30) days of n more than one member of the Executive Committee the President, with the approval of the Board of Directors, may designate as many members as there are absences to meet and work with the Executive Committee. The member or members so designated shall have all the rights and duties of a regular member of the.Executive Committee in so far as constuting a quorum, voting in emergency situations, and carrying on the business of the Corporation. 7. Should a permanent vacancy occur in any office the Board shall at its next regular meeting elect a new officer for the unexpired term. ARTICLE VII QUORUM Not less than one -half plus one (50;b & 1) of the Directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors, and in the absence of a quorum the meeting shall have no authority except to adjourn from day to day, or until such time as may be deemed proper by the Directors present. the simple majority vote shall govern any transaction of business. ARTICLE VIII BYLAW CHANGES These bylaws, or any part thereof, except as herein stated, may be adopted, amended, or repealed by a two- thirds vote of the Directors provided for in these bylaws at any constituted meeting of the Board of Directors, provided however, that all Directors shall have written notice setting forth the proposed amendment at least five (5) days prior to the date of the meeting at which the amendment is to be adopted. ARTICLE LX BONDING The Corporation shall provide surety bonds covering such officers and /or employees or agents of the Corporation, and within such limits Or liability as may be determined by the Board of Directors. i ARTICLE X LIABILITY go person who is now, or who later becomes, a member of this Corporation shall be personally liable to its creditors for any indebtedness or liability, and any and all creditors of this Corporation shall look only to the assets of this Corporation for payment. The original bylaws were adopted on .. ...............of..........1972 and certified by.,,,,,,, W The above bylaws, as revised in the summer of 1977 were adopted on the 18th day of July 1977, at San Luis Obispo, California. Chairman of the Bylaws Committee. Norman Stone _10- ORIGINAL DIRECTORS The original Directors served for staggered terms of three (3), two (2), and one (1) years. Upon the expiration of the terms of the Directors chosen for one (1) and two (2) year terms their successors. were elected for three (3) Year terms, At the first Directors' meeting after the:formation of the Corporation the original Directors, by lot, determined the expiration of their terms of office in accordance with the foregoing provisions. A: Public Sector E. L. Weiss Kenneth E. Nunn Keith Gurnee Robert A, Newhart, II David Richardson B. Private Sector. Linda Wenzl Jessie Sims Stella Cervantes Eva Main Rickey Kennedy C, Low- income Sector Norman.A. Stone Donald A. Hedrick Linda R. Davenport. Mary Trejo Bessie Stanberry L1- These amendments were adopted on January 18th, 1974, except for the one noted.on Article I, Paragraph 4, Article I 4. The specific and primary purpose for which this Corporation is formed Is to promote better community conditions for the low- income families of San Luis Obispo County. The general purpose and powers for which this Corporation is formed is the development of the whole person and the well -being of the family unit to strengthen the community in which that family has its roots -. - amended to- 4. The specific and primary purpose for which this Corporation is formed is to promote better community conditions for the low- income families of the City of San Luis Obispo. The general purpose and powers for which this Corporation is formed is the. 'development of the whole person and the well -being of the family unit to strengthen.the community in which. that family has its roots. - amended to- (on February 12, 1974) 4. Delete "The City of". Article II 1.. The Boar of Directors shall be composed of fifteen (15) adult Persons, as follows Five (5) members of the Board of Directors shall be representatives of the private sector of the County of San Luis Obispo, five (5) ciembers shall be-representatives of the public sector of the County and the remaining five (5) members shall be representatives of the low- income sector of the County.of San Luis Obispo, until changed by amendment of these bylaws. r - amended to- (0*111 1. The Board of Directors shall be composed of twelve (12) adult persons, as folloxss Four 4 members of the Board of Directors shall be representatives of the private sector of the County of San Luis Obispo, Four 4 members shall representatives of the public sector of the County and the remaining Four 4 members shall be representatives of the low- income sector of the County of San Luis Obispo, until changed by amendment of these bylaws. Article IV 4. Special meetings of the Board of Directors may be held from time to time by the call of the President, or by the call of any six (6) . Directors. - amended to- 4. Special meetings of the Board of Directors may be held from time to time by the call of the President, or by the call of any five Directors. Article VIII These by -laws, or any part thereof, except as herein stated, may be adopted, amended, or repealed by a.ma,jority vote of the Directors provided for in these-by -laws at any constituted meeting of the Board of Directors, provided, however, that all Directors shall have written notice setting forth the proposed amendment at least five (5) days prior to-'the date of the meeting at which the amendment is to be adopted. - amended to- These by -laws, or any part thereof, except as herein stated, may be adopted, amended, or repealed by a two- thirds vote of the Directors provided for in these by -laws at any constituted meeting i 13- of the Board of Directors, provided, however, that all Directors shall have written notice setting forth the proposed amendment at least five. (5) days prior to the date of the.meeting at which the amendment is to be adopted. Submitted by Linda Yenzl Bylaws Committee These amendments were adopted on September 6th, 1976; Article I 2. The fiscal year of the Corporation will begin on the first. day of January and end on the last day of December in:each year. - amended to- 2. The fiscal year of the Corporation shall begin on the first day of July and end on the last day of June in each year. Article I 3. The principle office of the Corporation shall be 341 -A South Higuera Street...,.,, ..... - amended.to- 3. The principle office of the Corporation shall be 1236 Archer Street, San Luis Obispo, California,,,,,,,,,,,,,, i 0. GUIDELINES FOR REPORTING. results of city funding of GRASS ROOTS II during July 1, 1978 - December 31, 1978 Philosophic Assumption: Aim to help people help themselves: General Guidelines: 1. Determine what services are needed by persons within the city: 2. Determine how the city should provide or contract for such services. 3. Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines: 1. Service contracted for - Drop -in information and Referral Center and a voice of advocacy for the low- income community of San Luis Obispo City (but not excluding others). 2. Agency contracted with - Grass Roots 11. 3. Measurement of performance - unit cost per case. 4. Payment - monthly, upon receipt of the following: a. Summary of persons assisted during past month, including: I Number of cases drop -in/telephone II Place of residence SLO City SLO County (name of city /county area if rural; egr North County, Coast County, South County) III Outside of County IV Transients b. Summary of how persons were helped: I Information only _II Crisis Counseling 171 Referral list agencies referred to) IV Citizen Advocacy (list agencies involved) V Emergency service provided: transportation food clothing_ shelter VI Other (explain C. Director's Report - for month immediately past. d. Treasurer's Report for month immediately past. e. Board Minutes - for most recent meeting.. 5. Agency to provide current copies of its by- laws /constitution and current list of Board members and officers. 6. Agency to notify HRC of all regular and special meetings of GR II Board. 7. Agency to provide for an annual audit by an independent auditor. * any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of appropriate voucher, which lists actual mileage. HRC /July, 1978 gp Exhibit -B RESOLUTION NO. 3690 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE COUNTY EMPLOYMENT AND TRAINING OFFICE FOR THE EMPLOYMENT OF CETA TRAINEES AND AUTHO- RIZING THE MAYOR TO EXECUTE SAID AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby approves an agreement for the period October 1, 1978 through September 30, 1979, with the County.Employ- ment and Training Office for employment by the.CETA trainees. The mayor is authorized to execute said agreement on behalf of the City. A copy of said agreement shall remain on file in the Office of the City Clerk and in the Personnel Office. On motion of Councilman Settle, seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of October, 1978. ATTEST: C' .e t J.H. Fitzpatrick Approved as to form: City Attorney By Allen Grimes car 9/12/78 Approved as to content: City inistrative 0 icer 4L-� 2e. L, Personnel Direct R 3690 CETA WORK SITE AGREEMENT (Comprehensive Employment and Training Act of 1973) This Agreement is made and entered into this. lst day of October, 1978, in the City of.San Luis Obispo, California, by and between the County of San Luis Obispo, Employment and Training Office, representing the prime sponsor (hereinafter called "Office "), and City of San Luis Obispo (hereinafter called "Grantee"). WITNESSETH: In consideration of the mutual convenants, conditions and promises and agreements herein set forth, Office and Grantee hereby mutually convenant and agree as follows: 1. The term of this Agreement shall be from October 1, 1978 through and including September 29, 1979 inclusive. 2. Office shall refer eligible participants to Grantee for a Work Site Training Project, hereinafter referred to as "Project" pursuant to Work Site Training Project specifications. 3. Grantee shall provide supervision, materials, space, equipment and training necessary for the operation of the Project except materials and equipment which Office agrees in writing to provide reimbursement by Office. 4. Worker's Compensation coverage for participants referred to the Work Site Grantee will be provided by Grantee with reimbursement by Office. 5. Grantee shall provide participants with safety instructions and equipment necessary for reasonable protection against injury and damage except where Office agrees in writing to provide the same or reimbursement thereof. If Grantee provides special clothing or equipment for its regular employees. N Grantee shall provide the same type of clothing or equipment to participants . except where office agrees in writing to provide such items or to provide reimbursement to Grantee for the same. Grantee's facilities and equipment used under this Agreement shall comply with all applicable federal, state, county and city health and safety laws. 6. Grantee shall maintain the confidentiality of any information re- garding participants or their immediate families which may be obtained through application.forms, interviews, tests, reports from public agencies or counselors or any other source. Without the prior written consent of Office, such information shall be divulged by Grantee only as necessary for the performance or evaluation of this Agreement, and only to persons having responsibilities under this Agreement. 7. Office has the right to observe and monitor all conditions and activities of the project under this Agreement and shall have reasonable access to and the right to inspect the Project site. 8. This agreement is subject to Title VI of the Civil Rights Act of 1964 and to the'regulations issued under that Title. Any service, financial aide or other benefits to be provided under this Agreement shall be provided without discrimination to disadvantaged persons regardless of race; color, . creed, national origin, political affiliation or beliefs, handicaps, age or sex. Grantee shall.submit such reports and records as required to insure compliance : with this paragraph. 9.. The parties to this Agreement shall abide by the provisions of the attached assurances attached hereto marked Exhibit "A" which are hereby incorporated herein 15y reference as though fully:set out herein. 10. This Agreement covers all participants enrolled in a Work Experience Training Project at or on Grantee's work site, with no specified number of participants or job categories set during the term of this Agreement. 11. This Agreement covers all participants enrolled in a work experience project whether in a full or part -time capacity. 12. To be valid and binding, alterations or variations of the terms of this Agreement must be in writing, signed.by the parties hereto. There are no oral understandings or. agreements not incorporated herein.. 13. Grantee shall pay participants hereunder the minimum wages required by Federal Law. 14. Grantee shall pay all participant's wages to the participant and submit a voucher therefor to Office for all costs incurred by the 5th working day of each month. No costs for administrative purposes by Grantee may be billed. 15. Participants participating hereunder shall not be reason thereof by deemed to be employees of Office for any purpose, but rather such participants shall be Grantee's employees for all purposes hereunder. 16. Grantee shall defend, indemnify and save harmless Office and its officers, agents and employees, from and..against any.and_all claims, demands, liability, costs, expenses, damages, causes of action and judgments, in any manner arising out of any negligent act of failure to act by Grantee hereunder, provided that the above shall not apply to any act or failure to act by Office hereunder. 17. Grantee shall add Office as an additional named insured to Grantee's public liability and property damage insurance for the purposes of this Agreement.. U 18. Employment of any individual or individuals under this Agreement may be terminated by Grantee at any time at Grantee's sole discretion. 19. This Agreement may be cancelled by either party in their sole discretion upon written notification ten days prior to such cancellation. IN WITNESS WHEREOF, this Agreement has been executed in duplicate by and on behalf of the parties hereto on the day and year first hereinabove set forth. OFFICE S4natore Howard Mankins Chairman of the Board of Supervisors Courthouse Annex, Room 217 San Luis Obispo, CA 93408 Telephone: (805) 543-1550 APPROVED AS TO FORM AND LEGAL EFFECT,. 44 /O 9 � , r JAMES 8' LINDHOLM. JR. COUNTY COUNSEL SAN to PO 0 �iTY BY DEPUTY courm COUMSEL GRANTEE gnature Kenneth E. Schwartz Mayor Title P.O. Box 321 San Luis Obispo, CA 93406 Address (805) 541 -1000 Telephone Municipality Type of Organization ,t' 4 EXHIBIT "A" ASSURANCES A. The Grantee assures that: 1. It will comply with the requirements of CETA and with the regulations and policies promulgated thereunder; and 2. No person with responsibilities in the operation of any Program under this Agreement shall discriminate with respect to any Program client or any applicant for participation in.such Program because of race, creed, color, national origin, sex, polit.ical affili- ation or beliefs; and 3. It will comply with the provisions of the Hatch Act, if appli- cable, which limits the political candidacy of employees; and- 4. The Program under CETA does not involve political candidacy of employees; and 5. It will comply with Maintenance of Effort provisions as reflected in Federal law and the Department of Labor Rules and Regulations; and 6. It will comply with restrictions with regard to Nepotism as set forth in Department of Labor Rules and Regulations; and 7. It will comply with the Special limitations on participant acti- vities described in Department of Labor Rules and Regulations in regard to: a. Political activities b. Political patronage c. Lobbying activities d. Sectarian activities e. Labor disputes 8. Services and activities provided under this Agreement will be administered by and under the supervision of Grantee; and 9. Appropriate standards for health and safety in work training situations will be maintained; and 10. Conditions of employment or training are appropriate and rea- sonable with regard to.the type of work, the geographical region and the proficiency of the applicant; and 11. Training and related services will, to the maximum extent prac- ticable, be consistent with every individual's fullest capabilities and lead to employment opportunities which will enable participants to be- come economically self- sufficient; and 12. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual partici- pants; provided that it is expressly understood that there are no assur- ances of continued employment. RESOLUTION NO. 3689 (1978 Series) A RESOLUTION OF.THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY.AND ARNETT B BROADBENT, INC.. FOR PROPERTY ACQUISITION SERVICES. 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 Arnett & Broadbent, Inc., Real,Estate Offices, for property acquisition services is hereby approved and the Mayor is authorized to execute the same. 1 SECTION 2. The City Clerk shall.furnish a copy of this resolution and a copy of the executed agreement approved by it to: Arnett $ Broadbent, Inc., the City Finance Department and the Community Development Director On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin , AYES: Councilmen Dunin, Jorgensen; Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of October , 1978. ATTEST: C' %i J.H. Ftzpatrick- R 3689 J, Approved as to form: Approved as to content: Allen Grimes, City Attorney City Adminstrative OKicer 4AS� &11.-� Community DflevelopmeM Director Finance ector AGREEMENT, FOR PROFESSIONAL SERVICES This agreement, made.this 5th day of October. 1978, by and between the CITY.OF SAN LUIS'OBISPO, a municipal corporation, hereinafter called "City ", and ARNETT $ BROADBENT; INC, Real Estate Offices, 1380 Broad Street, San Luis'Obispo, California, by E. D. Arnett, hereinafter called "Consultant." WITNESSETH:. WHEREAS, City contemplates the acquisition of certain real properties as a part of a municipal parking prog "ram; and WHEREAS, Consultant is skilled in conducting negotiations with property owners for the acquisition of their properties and the relocations aspects thereof.. NOW, THEREFORE, City and Consultant., for the consideration hereinafter set forth, agree as follows: 1. Employment City employs Consultant to assist it with respect to the acquisition of certain real properties required for the establishment of a. municipal off- street parking program. 2. Scope of Work As requested by City, Consultant shall conduct negotiations with property owners as specified for acquisition of their properties by City. Consultant shall explore with property owners relocation problems, reinvest- ment alternatives, and tax considerations. To accomplish this goal, if need be, Consultant may research into available reinvestment properties and con- salt with private tax experts, the City Attorney, specified City staff personnel, appraisers and financial institutions. Consultant will formalize purchase offers and submit them to the.City for approval. Consultant shall supervise and expedite escrow details. Consultant's authority to discuss the above matters with the City Attorney shall be unlimited_; subject to the City Attorney's approval as to availability of time. Before utilizing private tax experts at City expense, Consultant shall obtain the informal approval of the City Administrative Officer, indicating the approximate cost which may be involved. 3. Compensation City agrees to pay Consultant for its services under this agreement the sum of Sixty Dollars ($60.00) per hour for services actually rendered., In addition, Consultant shall be entitled to reimbursement for all costs and expenses advanced or incurred by it including, but not limited to, long distance telephone and travel expenses in the event travel is necessary outside San Luis Obispo County. 4. Payment Consultant shall bill City for consulting fees and costs monthly, on or before the 15th day of the succeeding month; with respect to the preceeding month. These billings shall set forth the date services were rendered, describe those services for that date, and the time required on that date_. The City shall pay such bills within thirty (30) days after the billing date. In performing the duties described in Paragraph 2 hereof, Consultant shall not participate in brokerage remuneration from other principals and agents without prior written approval of the City. S. Consultant's Responsibility Consultant shall attend the necessary conferences with the City Administrative Officer, his designees, the responsible department head and such other officers.of'the City as may be necessary in order to assure -2- the proper performance of-this agreement.. Consultant agrees to use its best efforts to carry out.the terms specified in this agreement and City agrees not to interfere with this effort. 6: City's Responsibility City shall provide full information to Consultant as to its requirements for the work to be performed by Consultant including appraisal reports for all'parcels of. "property to be acquired. 7. Termination On and after three months from the execution of this agree- ment, it shall be cancellable by either party with ten (10) days prior written notice. In the event of cancellation Consultant shall be entitled to be paid for all fees earned and expenses incurred, up to the effective date of the termination. 8. Files The files accumulated by Consultant in performing this agree- ment including, but not limited to,' all correspondence, legal documents, reports, maps, and memoranda shall be the property of the City. Consultant shall retain custody of said files until such time as City requests physical possession of them. 9. Successors. and Assigns This agreement covers professional services of a specific and unique nature and the Consultant shall not assign, sublet; or transfer its interest in this agreement without the prior written consent of City. 10. Disclaimer Consultant assumes no liability as to the tax analysis or legal form of the instruments used in performing the services required by this agreement. The City Attorney shall review all legal documents to assure that they are in proper form. -3- 11. Attorney's Fees In the event either party to this agreement brings suit to enforce any provision of this agreement., the prevailing party shall recover from the losing party a reasonable sum for attorney's fees incurred in such suit, which sum shall be fixed by the court. 12. Term The term of this agreement shall be for a period of one year commencing upon the.date of the execution of this agreement. However, in the absence of notice from either party to the agreement to the other of termination, at least thirty (30) days prior to the expiration of the original term, the agreement shall continue on a month -to -month basis subject to termination as provided herein. 13. Conflict Of Interest Consultant in performing its duties as set forth in Para- graph 2 shall avoid any conflict of interest with the City, as "conflict" is defined and interpreted within Section 1090 of the Government Code. 14. !Time is of the essence Time is of the essence of this agreement and Consultant shall pursue the work provided for with such diligence as to complete the work expeditiously. 15. 'Administration City hereby designates and empowers the City Administrative Officer, or his designee, and Consultant hereby designates, and empowers E. D. Arnett to act for its respective principals in the administration of this agreement within the terms hereof. -4- 16. Independent Contractor Notwithstanding any other representations, oral or written, between the parties, including any and all agents of representatives thereof, Contractor at all times covered by the terms of this agreement is acting as a free and independent contractor, and not as an employee of City. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: Ci erg Fitzpatrick Approved as to fo City Attorney Allen Grimes ARNETT & BROADBENT, INC. Approved as to form: City Administrative 0_ ',cer =S- RESOLUTION NO. 3688 (1978 Serie Rb, UTION OF INTENTION TO APPROVE AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIRED_ NT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject them- selves and their employees.to amendments to said law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolu- tion giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: Section 20952.5 (Providing for age 5U as the minimum voluntary retirement age for local safety members, with benefit payments commencing prior to age 55 subject to actuarial discount). NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency gives, and it does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. Mayor (Title) October 3, 1978 (Date adopted and approved) Ret. Form 122 Resolution No. 3688 (1978 Series) On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Petterson,.Settle, Jorgensen and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed ATTEST: jo Cldrk J.H. Fitzpatrick Approved as to form: City Attorney adopted this 3rd day of October, 1978. Schwartz Approved as to content,: City Administrative ficer Personnel Director CERTIFICATION OF GOVERNING BODY'S ACTION 1 hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council (Governing Body) of the City of .San Luis Obispo (Name of Public Agency) on October 3 1978 ,. appearing at Page (Date) Volume of the (Minutes) (Official Records) of the _ it Council (Governing Body) CITY CLERK or J.H. Fitzpatrick Secretary of the Board 0 PERS- CON -12 (11177) 1hLUNMM NT TO C01i'1'P.ACT BE'MEE:1 Tl BOAP.D OF ADHIaISTILITIOP; PUBLIC i%II'LOYiL'S' „EMI E;=T JyS' AND Ti[i?. CITY COUNCIL OF TiI% CITY OF SAN LUIS OBISPO The Board of Administration, Public Employees' Retirement System, herein- after referred to as "Board ", and the governing body of above public agent;;, hereinafter referred to as "Public Agency ", having entered into a contract under date of June 9, 1952, effective July 1, 1952, and as amended effective July 1, 1952, October 1, 1962, October 3, 1063, October 1, 1974, June 1, 1976, December 1, 1976, which provides for participation of Public Agency in said Systera, Board and Public Agency lierehy agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective October 1, 1974, and hereby replaced by the following paragraphs number 1 through 10 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall leave the meaning as defined therein unless otherwise specifically provided. "iionaal retirement age" shall mean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except suca as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said itetirement System except such in each such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said .Retirement System: CROSSING GUARDS CO:I -702 -1 �I 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60). 5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.1 of said Retirement Law (One -half pay at age 55). 6. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Sections 21380 -21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon tile member's death before retirement). b. Sections 21263 and 21263.1 (providing upon the death of a member who retired for service or disability for continuance of a post - retirement survivor allowance to certain survivors), for local fire members. c. Section 20862.8 (providing service credit at retirement for unused sick leave), for miscellaneous and local fire members. d. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members, with benefit payments commencing prior to age 55 subject to actuarial discount). 7. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on June 1, 1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the afore- mentioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.358 percent until June 30, 1980 on account of the liability for prior service benefits. (2) 10.386 percent on account of the liability for current service benefits. (3) 0.354 percent on account of the liability for the 1959 Survivor Program. CON-702-2 b, With respect to local safety „embers, the agency si•iall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 1.404 percent until June 30, 1982 on account of the liability for prior.service.uenefits. (2) 14.197 percent on account of the liability for current service benefits. c. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodical investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodical investiL.ition :and valuations required by law. 9. Contributions required of Public Agency and its employees shall h2 subject to adjustment by Hoard on account of amendments to the Public employees' Retirement Lai,-, and on account of tile experience under the Ietirement System as determined by the periodical investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System wititin thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for arty period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. B. Tiiis amendment shall be attached to said contract and shall be effective on the day of , 19 .. CON-702-3 Witness our rands this BOARD Or ADMI-NISMATIOIN PUBLIC V4PLOYEES' .ETIRE �:.�T SYSTE. BY Carl J. Blechinger, Approved as to form: Legal Office, PERS ivc U Ci! day of 07 1 IL --- ._�.__.��. -•-- y Presiding Officer Attest: Clerk CON -702 -4 RESOLUTION NO. 3687 (1978 Series) / % r-+ Approved as to form: r City Attorney Approved as to content: G _Jl RESOLUTION NO. 3686 (1978 Series) A RESOLUTION OF THE COUNCIL_OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ROBERT I..CORCORAN, AS BUSINESS IMPROVEMENT AREA. ADMINISTRATOR THROUGH JUNE 30, 1979. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Robert I. Corcoran, as Business Improvement Area Administrator, is hereby amended to increase salary from $600 to $700 per month retroactively to July 1, 1978 through June 30, 1979, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Robert I.. Corcoran, the City Finance Director, and Beth Law, Chairwoman of the'�BIA. On motion of Councilman Settle ,seconded by Councilman Dunin� , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None . the foregoing Resolution was passed and adopted this 3rd day of October 19 78. ATTEST: C' C erk J.H. Fitzpatrick R 3686 Approved as to form: Approved as to content: Allen Grimes, City Attorney `chairwoman of the BIA, Beth Law AMENDMENT TO CONTRACT EXTENSION FOR PART -TIME BUSINESS IMPROVEMENT AREA ADMINISTRATOR Dated: October 5, 1978 The undersigned parties to the Business Improvement Area Administrator Employment Contract dated July 1, 1976, hereby agree that the conditions of said contract are amended as follows: The monthly salary of the part -time Administrator Robert I. Corcoran shall be increased retroactively to July 1, 1978, to $700.00 per month for the length of the contract extension through June 3.0, 1979. All other terms and conditions of said contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed. ATTEST: s? 1. H. FITZPATRICK City Clerk J. H. Fitzpatrick ADMINISTATOR: Robert I. Corcoran CITY OF SAN LUIS OBISPO s( KENNcTH E. SCHWARTZ Mayor Kenneth E. Schwartz i Approved as to form: City Attorney Allen Grimes -2- t _i Approved as to contract: City Administr tive fficer Director o inanc Chairwoman of the BIA; Beth Law C RESOLUTION NO. 3685 (1978 Series) A RESOLUTION OF INTENTION TO ABANDON PORTION OF FLORA STREET IN FRONT OF 3295 FLORA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of Flora Street in .front of 3295 Flora Street as shown on the map marked Exhibit "A" attached hereto and incorporated herein by such reference pursuant to Division -9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are also on file in the Office of the City- Clerk. SECTION 3. Tuesday, November 8, 1978 at 7:00 P.M. in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full, at least three (3) days before the public hearing on the proposed abandonment, in the Telegram - Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post a least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code.. R 3685 Resolution No. 3685 (1978 Series) SECTION 6. The abandonment is subject to reservation of public utilities easement as noted on the attached Exhibits "A and incorporated herein by reference. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Petterson, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was pass 1978. ATTEST: City rc, J.H. Fitzpatric Approved as to fo Men Grimes, City Attorney and adopted this 3rd day of October C Approved as to content: City<*SMLK - Administrat i 0 fficer City gene r Co unity Deve opm t Director 9 ,l r O D D D z O O z m z i L Cq SCR /o RESOLUTION NO. 3684 1978 SERIES A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO 78 -28 LOCATED ON LOS OSOS VALLEY ROAD BETWEEN LAGUNA LANE AND OCEANAIRE DRIVE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This council previously made certain findings concerning parcel map SLO -78 -28 as contained in.Resolution No. 3549 (1978 Series) SECTION 2. This council now grants final approval of Parcel Map SLO 78 -281. On Motion of , Councilman _Settle. _ seconded by Councilman Dunin_ and on the following roll call vote: AYE Si : Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES : None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of October , 1978. ATTEST: C` ierk . H. Fitzpatrick Approved as to form: Approved as to content: City . ministrative icer ity neer R 3684 RESOLUTION NO: 3683 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE LIST OF CITY EMPLOYEES AND COMMISSION MEMBERS REQUIRED _TO FILE A CONFLICT OF INTEREST STATEMENT,__~__ BE IT RESOLVED by'the Council of the City of San Luis Obispo as follows: SECTION 1. The.City employees listed on the attached Exhibit "A" shall be required to file a Conflict of Interest Statement with the City Clerk. SECTION -2. Members of the City commissions listed on the attached Exhibit "B" shall be required to file a Conflict of lnterest Statement with the City Clerk. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson,.Settle and Mayor ,Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd__ day of October , 1978. y ATTEST: Ci rk J. H. Fitzpatrick' Approved as to f rm: City Attorney Approved as to content: City Administrative cer C er c R 3683 DEPARTMENT POSITION TITLE Administrative Office: City Attorney: City Clerk /Treasure -k's Office: Community Development Department: Administrative Secretary City Attorney City Clerk /Treasurer Director of Community Development Chief Building Inspector Plan Check Engineer Building Inspector City Engineer Engineering Associate Administrative Assistant /Engineering Engineering Assistant Senior Planner Planning Assistant= Current Planning Assistant- Advance Planning Technician= Advance Accounting Technician Finance Department:, Director of Finance Accountant Accounting-Technician Fire Department: Fire Chie - Battalion Battalion Battalion Battalion Park $ Recreation Department: Director F Chief (Fire Marshal) Chief ( "A" Shift) Chief ( "B" Shift) Chief . ("C" Shift) Personnel Department: Personnel Director Secretary III Police Department: Chief of Police Police Captain Police Lieutenant Technical Services Coordinator Public Services__ Department.: Director of Public Services Administrative Assistant. Utilities Engineer /Superintendent Street Superintendent Building & Parks Maintenance Superintendent Water Supply Supervisor Utility Plant Supervisor Maintenance Supervisor Building Maintenance Leader Public Works Inspector 9/26/78 EXHIBIT "A" w Persons required to file conflict of interest statement: ARCHITECTURAL REVIEW COMMISSION HOUSING AUTHORITY $ Executive Director for Housing Authority PLANNING COMMISSION PROMOTIONAL COORDINATING COMMITTEE 9/26/78 EXHIBIT "B" RESOLUTION NO.3682 .(1978 Series)," A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING SALARIES AND FRINGE BENEFITS FOR FULL - TIME MANAGEMENT PERSONNEL APPOINTED BY THE CITY COUNCIL. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective October 2, 1978, management personnel shall be paid as follows: City Administrative Officer, Leland M. Walton $3,000.00 per month City Attorney,_George Thacher $3,000.00 per month SECTION 2. Effective October 2, 1978, management personnel listed in Section 1 shall receive those benefits to which employees in the management pay plan are entitled with one exception: they shall receive 17 days paid vacation per year. On motion of Councilman Settle , seconded. by Councilman Dunin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of October 1978. ATTEST: f Cit�iClerk Jlli. Fi Approved as to form: City Attorney Allen Grimes Approved as to content: Personnel Director R 3682 RESOLUTION NO. 3681 (10 8 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR PLANNING SERVICES. BE IT RESOLVED by the`Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to the provisions of the Municipal Code, the council hereby establishes fees for planning applications, as follows: ZONING' FEE Home Occupation Permit (counter) $ 10.00 Occupancy Permit (per dwelling unit; except that the maximum fee for a single develop- ment shall be $500.00) Board of Adjustments Permits (other) Planning Commission Use Permit Variance Planned Development - Preliminary Planned Development - Precise Rezoning SUBDIVISION Pre- tentative Conference Minor Suubdivision Subdivision: Tentative Map Subdivision: Final Map Certificate of Compliance Reversion to Acreage Time Extension *The City intends to recover projects. Towards this end applicant at the time of ap determined by time and.cost .warranted. 100.00 30.00 150.00* 100:00 2.50.00* 100.00 300.00* 30.00 per hour 200.00 400.00* 400.00 (plus plan check fees) 50.00 (plus recording fee) 200.00 30.00 the full cost of reviewing and - processing major the Community Development Director may notify the ?lication, that total processing costs will be accounting with additional charges forthcoming if ktm R 3681 i Resolution No.. 3681 OTHER PLANNING PROCESSES Environmental. Impact Determination Preparation of E.1 R. Architectural Review - Sign Application Sign Application (counter) . Architectural Review (other than individual single - family dwellings) Specific Plan /Amendment. General Plan Amendment Annexation Requests Road Abandonment Surplus Property Road Name Change Special Research Requests Continuation Requests Any Appeal J .0 978.Series) 'FEE $ 50.00 10% of consultant's contract fee 10.00 0.00 75.00 300 00* 300.00* 300.00* 200.00 50;00 50.00 Time and Material Costs 30.00 30..00 TIME CHARGES Where the Community Development Director determines that additional charges are warranted for major project applications designated with an asterisk ( *) or for special research requests, hourly charges shall be as follows: Staff Position Hourly.Rate. Community Development Director $ 18.50 Senior Planner 13.00 Planning Associate 12.50 Planning Assistant 11.00 *The City intends to recover the full cost of reviewing and processing major projects. Towards this end the Community Development Director may notify the applicant at the time of application, that total processing costs will be determined by time and cost accounting with additional charges forthcoming if warranted. -2- Resolution No. 3681 (1978 Series) TIME CHARGES, Continued Staff Position Hourly Rate Planning Technician $ 9.50 Technical Writer 9.50 City Engineer 16.00 Engineering Associate 13.00 Administrative Assistant /Engineering 13.00 Engineering Assistant 11.00 Engineering Technician 9.50 Drafting Aide 7.50 Chief Building Inspector 12.50 Plan Check Engineer 11.00 Building Inspector. 11.00 The above charges include office overhead, clerical support and incidental office supplies. Any.special material or printing needs shall be charged at material cost. SECTION 2. Resolution No. 2938 (1975 Series) establishing fees for zoning, planning, subdivision, initial environmental studies, and Architectural Review Commission is hereby rescinded. SECTION 3. The fees established by this resolution shall become effective upon adoption, On motion of Councilman Jorgensen, seconded by Mayor Schwartz, and on the following, roll call vote: AYES: Councilmen Jorgensen; Petterson and Mayor .Schwartz NOES: Councilmen Dunin and Settle ABSENT: None :3 - Resolution No. 3681 ' Page the foregoing resolution was passed and adopted this 3rd day of October, 1978. ATTEST: Cit '�,Meln J. H. Fitzpatrick Approved as to form: By Allen Grimes HE:drs 9/12/78 Revised: 9/21/78 Approved as to content: .:.......... City Administrative Nkficer A<X�.A 2;:r�� Community !velopm t Director RESOLUTION NO. 3680 (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 October 3, 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 (4 map items), 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. R 3680 Resolution No. Page 2 (3) The Community Development Department shall, as directed by the Councul by minute order during the hearing of October 3, 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. (4) These amendments shall take effect thirty days from the date of adoption of this resolution. On motion of Councilman Dunin seconded by Councilman Settle and on the following roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of October , 1978. ATTEST: Ci lerk J. H. Fitzpatrick Approved as to form By Allen Grimes City Attorney drs 9/18/78 Approved as to content: 42k City Administrative Nf cer — AUA -- Community D Velopmerd Director GP 0691 -r EXHIBIT A PARK TO LGW- PEN6rrY REVVE AL TEM,M %HOOV r 1; k S r„ lti; My,; �Xi , A Y `K J ` r JJA " Ar +iy P1 -`ll ;:.7. t. RESOLUTION N0.3679(1978 SERIES) A RESOLUTION OF THE COUNCIL OBISPO GRANTING APPROVAL OF NO. 78 -131, LOCATED AT 1260 OF THE CITY OF SAN LUIS TENTATIVE MINOR SUBDIVISION ELLA 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 Minor Subdivision No. 78 -131 and the Planning Commission recommendations, staff recommendations, and reports thereon, makes the following findings: (1) The proposed parcel map and design are consistent with the general plan. (2) The site is physically suited for the proposed type and density of development which is permitted by the R -2 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 -131 be subject to the following conditions: (1) Right -of =way shall be dedicated to the city for a standard cul -de -sac at the end of Iris Street. Cul -de -sac shall be fully improved to city standards including full street frontage improvements on Lot A and 30 of Lot B. An A.C. Berm is required on the remaining Iris frontage with other facilities for drainage control as required by the City Engineer. (2) Right -of -way shall be dedicated to provide for a 'T' type turn around at the end of George Street and shall be fully improved to the satisfaction of the City Engineer including required paving and drainage facilities. (3) Applicant shall grant to the city an easement over existing sewer line crossing the applicant's parcel (corner,of old lot #6). Easement shall be shown on the final map to the approval of the City Engineer. (4) Applicant shall dedicate to the city a storm drainage easement over existing .storm drains crossing the property. Easement shall be to the approval of the City Engineer and shall be shown on the final map. (5) Applicant shall grant a private sewer easement to French Hospital for existing sewer lateral in George Street right -of -way. Easement shall be to approval of the City Engineer and shall be shown on the final map. R 3679 RESOLUTION NO. ,. -/(1978 SERIES) 3679 (6) Applicant shall install frontage improvements on Ella Street frontage. (7) Sewer service shall'be extended in Iris Street to serve proposed parcels A and B to the approval of the City Engineer. (8) Applicant shall extend an eight inch water line from Ella Street to Iris.Street and shall provide fire hydrants to the satisfaction of the city fire department. The eight inch water main and a standard 10' easement shall be dedicated to the city. (This condition may be waived if fire hydrant on French Hospital Clinic site is made available to the applicant's property by easements and other guarantees acceptable to the city fire department. (9) Final map shall not be recorded until. the streets are abandoned. (10) Existing out buildings on east property line shall be removed prior to the recording of the final map..(Consistent with applicants statement that he had authority to require their removal.) (11) The common property line between the medical clinic and the applicant's property shall be adjusted to eliminate encroachment into the medical clinic parking lot aisle to. approval of the community development director. 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 pas sedlan/ adopted this 3rd ATTEST: Tyor Kenneth E. y erc J.H. Fitzpatrick Approved as to form: Approved as to content: l By Allen Grimes DS: cm 7/13/78 day of October,1978 0 'J RESOLUTION NO. 3678 (1978 Series)' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING SALES TAX (SB -325) FUND APPROPRIATION FOR THE 1978/79 FISCAL YEAR. .BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation be authorized to provide for insurance coverage on the Grass Roots II Senior Van for the 1978/79 policy year. Account Description Amount 23- 7514 -402 (40) Public Transit System - Grant in Aid $1,850 DR. 23- 0510 -000 Appropriations 1,850 CR. 23- 0600 -000 Unappropriated Balance 1,850 DR. 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 19th day of September 1978. I ATTEST: y erk-J.H. F'tzpatrick Approved as to fol : City Attorney i Kenneth E. Schwartz Approved as to content: R 3678 ;SCE• t'jpOh �I RESOLUTION NO. 3677 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING THE GENERAL FUND APPROPRIATION. FOR THE 1978179 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo that the following General Fund Appropriation be authorized to provide for the purchase under obtion of an IBM.Copier II currently leased to the Police Department Account Description Amount 01- 4051 -000 (80) Police - Office Equipment $4,800 DR. 01- 0510 -000 Appropriations 41800 CR. 01- 0600 -000 Unappropriated Balance 41800 DR. 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 19th day of September , 1978. ATTEST: Approved as to form Approved as to content: R 3677 11c.7 . J_X-jU N 1 ! RESOLUTION NO. 3676 (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 9th Quarterly Allocation Dept. 05 Non Departmental —CETA Excess Costs $12,000. DR.. 10 Administration 860. DR. 40 Community Development (Planning) 11400. DR. so Public Services (Parks. Maintenance) 2,140. DR. 60 Recreation 11923. DR. 85 Fire Department 6,530. DR. $24,853. Balance Forward- Unencumbered Funds $14,825. CR. 60- 1437 -010 Antirecession Assistance Program 9th Quarter Revenues Received 10,028. CR. $24,853. 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 19th day of September 1978. R 3676 C RESOLUTION NO. 3676 ATTEST: 0 Fitzpatrick Approved as to form: Approved as to content: ty Attorney w v N%c-=. v."' X� r1 RESOLUTION NO. 3675 (1978 Series) A RESOLUTION MAKING YEAR -END ADJUSTMENTS IN THE 1977/78 BUDGET, AUTHORIZING COVERAGE OF DEPARTMENTAL OBJECT ACCOUNT AND LINE ITEM BUDGET OVERDRAFTS ON A BLANKET BASIS AND MAKING TRANSFERS AMONG VARIOUS FUNDS TO COMPLY WITH STATUTORY REQUIREMENTS, COVENANTS WITH BOND HOLDERS AND FOR OTHER PURPOSES. BE IT RESOLVED by the Council of the.City of San Luis Obispo as follows: 1. That the following year -end appropriations adjustments be made in the 1977/78 budget: General Fund: Budget Increase OA 01- 2002 -013 Legislative- Reproduction $ 159 OE 01- 2602 -012 ARC - Printing 39 05 01- 3908 -080 Financial Audit 800 05 01- 3914 -402 Grants in Aid 128 05 01 -3998 -000 Miscellaneous 721 10-01-2102-013 Administration- Reproduction 486 15 01 -2408 -083 Attorney -Legal Services 13,653 20 01- 2203 -031 City Clerk- Newspaper Advertising 4,735 50 01- 4701 -001 Public Services Administration - Salaries 12,546 50 01- 4901 -003 Street Painting - Overtime 27 50 01- 5105 -051 Traffic Signals & Lighting -P.G. $ E. 24,241 80 01- 4005 -051 Police Department -P.G. $ E. 5,160 85 01- 4152 -000 Fire Department -Other Mach. £, Equip:: 6,510 69,205 01- 0510 -000 Appropriations 69,205 CR. 01- 0600=000 Unappropriated Fund Balance 69,205 DR. Business Improvement Area: 05 15- 3314 -401 Special Events 8,946 15- 0510 -000 Appropriations 8,946 CR. 15- 0600 -000 Unappropriated Fund Balance 8,946 DR. Equipment Replacement: 60 41- 5750 -000 Recreation Vehicle 400 85 41- 4150 -000 Fire Truck 37,000 37,400 41- 0510 -000 Appropriations 37,400 CR. 41- 0600 -000 Unappropriated Fund Balance 37,400 DR. Water Fund: 07 50- 6617 -420 General Obligation Bond Interest 83 50- 0510 -000 Appropriations 83 CR. 50- 0600 -000 Unappropriated Fund Balance 83 DR. R 3675 • RESOLUTION NO. 3675 Sewer Fund: 07 52- 8917 -432 Revenue Bond Interest $ 1,579 52- 0510 -000 Appropriations 1,579 CR. 52- 0600 -000 Unappropriated Fund Balance 1,579 DR. MC MILLAN ASSESSMENT DISTRICT: 07 78-_9917 -440 Bond Interest 126 40 78- 7061 -000 Capital Construction 519 645 78- 0510 -000 Appropriations 64S CR. 78- 0600 -000 Unappropriated Fund Balance 645 DR. 2. That the Council hereby authorizes coverage of Departmental Budget overdrafts on a blanket basis within activity, object and line item accounts provided that such overdrafts are offset by equal unexpended balances within the departmental budget and the adjustments irndicated_above. The Council further finds that adjustments between line item, object and activity accounts would only be accomplished at an expenditure of time and expense without commensurate. benefit. On motion of Councilman 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 September , 1978• ATTEST: Cit r .H. Fitzpatrick Approved as to form: City Attorney Approved as to content: R 3675 / RESOLUTION NO. 3674(1978 Series) A RESOLUTION OF THE CITY COUNCIL PRELIMINARILY DETERMINING THAT CERTAIN TREES CONSTITUTE DAN - GEROUS OBSTRUCTIONS TO STREAM FLOW IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the Council hereby preliminarily determines that certain trees constitute dangerous obstructions to stream flow within the City of San Luis Obispo as set forth on Exhibit "A" attached hereto and incorporated by reference. 2. That October 17,1978, at 7:00 P.M. in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for public hearing on said matter, and with- in thirty days after passage of said resolution, and at least fif- teen days before the time fixed for the Public Hearing, the City Clerk shall cause to be conspicuously posed on the premises a certified copy of the resolution, and a notice of the time and place of hearing before the City Council in accordance with the require- ments of Municipal Code Section 4400.4. 3. That subject to any modifications or exceptions declared by the Council at the close of said hearing, said parcels shall be so abated by the property owner, or the Director of Public Services shall proceed to have the work done and the cost thereof shall be made a lien against the property in accordance with Sections 4400 et seq. of the San Luis Obispo Municipal Code. R 3674 e Owner Location Exhibit "A" Parcel Abatement Required Al & D.G. Gilbert Adjacent to San Luis 02- 341 -13 -000 Safety prune large Obispo Creek behind Ptn Lt; 13 & 14 eucalyptus leaning 1218 Pismo B1 17 Central over creek Add San Luis Obispo In Stenner Creek off National Bank Santa Rosa Behind 52 -18141 -000 Remove 10" willow 1001 Foothill Ptn Sec 27 laying over in creek T30S Rize D.F. & B.E. Blausey In Old Garden Creek behind 754 Lincoln 01- 185 -11 -000 Remove or protect Lt 4 B1 4 undermined sycamore Anholm Add M.F. Bowman In San Luis Creek behind 581 Dana 02- 402 -14 -000 Remove large willow Ptn B1 61 clump McDougall Tr. Chorro Lodge Along San Luis Creek #168 I.O.O.F. behind IOOF Cemetery Ftn03ec 3 -000 Remove large on Elks Lane eucalyptus T 315 Rize Laguna Lake Co. Along Prefumo Creek 53- 111 -36 -000 Safety prune large in Mobile Home Park Ptn Lt 59 sycamore Rho LS Osos & LL Noyes or Etal Along Prefumo Creek 53- 112 -23 -000 Safety prune large near end of Fairway Ptn Lot 59 sycamore Drive Rho LS Osos & LL Peram Inc. Along Froom Creek 53- 171 -19 -000 Remove small west of Calle Ptn Lot 69 eucalyptus Joaquin Rho LS Osos & LL 1 Resolution No. 3674 (1978 Series) On motion of Councilman Jorgensen, seconded by Councilman Settle , and the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the following resolution was passed and adopted this 19th day of September , 1978, ATTEST: C' Clerk J.H. Fitzpatrick Approved as to fo L0. - - - - - Allen Grimes, City Attorney Approved as to content: City Administrative 0 cer Director of Public Services RESOLUTION NO. 3673 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -78 -37 LOCATED AT 251 MARGARITA AND 3.285 SOUTH HIGUERA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map SLO -78 -37 as contained in Resolution No. 3539 (1978 Series). SECTION 2. Whereasi a cash bond in the amount'of $100.00 has been deposited with the City of San Luis Obispo, to guarantee the planting of Street Trees as required by the aforementioned Resolution, to be released upon the satisfaction of the Director of Public Works that said condition has been met. SECTION 3. This Council now grants final approval of Parcel PZap No.. SLO -78 -37 (Alan R. & Loretta B. Petersen, Peter and Mary Ferrero and Reeder- Development Corporation, applicants). On motion of Councilman Jorgensen , seconded by Councilman Settle 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 19th day of September , 1978. R 3673 RESOLUTION NO. 3673, ATTEST: Cit e 7. H. Fitzvatrick Approved as to rm: Allen Grimes, City Attorney Approved as to content: City A ministrative icer RESOLUTION NO. 3672 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING EXISTING ARCHITECTURAL REVIEW COM- MISSION PROCEDURES.AND.GUIDELINES AND ADOPTING NEW PROCEDURES AND GUIDELINES WHEREAS, the City of San Luis Obispo has established an Architectural Review Commission; and WHEREAS, that commission is required to prepare, and the council to approve, procedures and guidelines; and WHEREAS, the existing procedures and guidelines need to be amended and updated; and WHEREAS, the Community Development Department staff has prepared, and the Architectural Review Commission has approved, updated procedures and guidelines in a booklet titled "Architectural Review in San Luis Obispo" (exhibit "A ") NOW, THEREFORE, BE IT RESOLVED by the council of the City of San Luis Obispo as follows: SECTION 1. The Architectural Review Commission guidelines adopted May 13, 1974, are hereby rescinded. SECTION 2. The booklet "Architectural Review in San Luis Obispo" is hereby adopted as the guidelines and procedures document for the Architectural Review Commission. SECTION 3. The Community Development Department shall prepare copies of "Architectural Review in San Luis Obispo" for distribution to the public upon request and for the official city files. On motion of Councilman Jorgensen, seconded by Mayor Schwartz, and on following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle, and Mayor Schwartz NOES: None ABSENT: None R3672 e. i Resolution No. 3672 the foregoing resolution was passed this 18th ATTEST: tOffy Clerk, J.H. Fitzpatrick Approved as to form: George Thacher, City Attorney va:10/26/78 (1978 Series) f September, 1978. 17 rtz Approved as to content: City Administrative fficer AACommunity Dev t lopmeQA Director ` NX va lA 00 p, C'� C a ro ° o o /� y N 3 . 0 0 ,cam O L OU '70 0 tJ a a O a- P1 > `o 3> r T }\� c a n c N> u y o >? O u c v u ro V c ai 5 C 0 r V) o- m � O _ N C a 1= N u N. • U p_ _. 7= N ° _ 3 c>i � U c` I U C •U N S-5 Z y > .T. 3.0. @L a rte,>. 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O c c o QE v.-' o a _ o N d L o v> o c d m d m d A u c a b U -/ •� E ra0 G C y vVi dw•.+ G A b d nC y•,,, ytt b> y o N u r ttL:s u r F= I_. I_ C� ro— =. d b"_ d G 0 N c „. d E C d m c n> o U d u m s v Ft- a a� a ° G� w aui s �' aw •o I Q d 60 0 l- E C w O • 61 ° O y: /1 V •� I� W L y V1 N N N , -..w•• a ww�.`..1ra°c�+�nr H' AV°f'r .c' � t' t 1 O L L .£ C ° L •d ro L L m U y E a c L A CL C � ° ° O V y d .O R d 'L1d a co c. E an� c � `Y• o) � � tea.. ^ �v as ro n c a, T /Y\ ocEa •� 7 O C LA y r L L E b E o a O 9 c 0� 2 3 " :x \ A c C°= b \ s •Y E -0 ro ro O .i..f ° ro x � ui oca ,°o � O ro Y .n0$.EE.SEc'a L ° end L '��^/� •' a co i MJ 0 0 0 ro '^ C 00 "0 00 00 A w E c o X d c v E E A n n•� � m as Q •� Y_ I 36 3q e :e 1 $^ aY. , -..w•• a ww�.`..1ra°c�+�nr H' AV°f'r .c' � t' t 1 M N N N O L L .£ C ° L •d ro L L m U y E a c L A CL C � O V y d .O R d 'L1d i U ro E > c. E an� c � o) a as ro n c a, is /Y\ ocEa •� 7 O C LA y r L L E b E o a O L O A v U v c 0� 2 3 " :x c C°= b /11 •� -0 ro ro O .i..f N` CJ N b o ny ro x � ui oca ,°o � O ro Y .n0$.EE.SEc'a L ° end L '��^/� •' a co > O C ro MJ 0 0 0 ro '^ C 00 "0 00 00 A w E c o X d c v E E A n n•� � m as Q o E _° Q A u ; o �r _ O b u O ro ro 9 m00= Ea CO d os,� Co E •� N d ro CL L o0 c y n n d y Q Y .Q E C L C i0 L D • 'a+ •.+ ro �n ro .cL+ n L •VJ Gci vt 00 O TVI V1 61 2r �/��� O �_ ro Q ��/U�� VJ h °' W b E (n o o l l l 1 1 1 1 1 1 1 x a yp I O U n n L 3 ,. A A c T M N N N O L L .£ C ° L •d ro L L m U y E a c L A CL C � O V y d .O R d 'L1d i U ro E > c. E an� c � x o o as ro n c a, 00'= bro /Y\ ocEa •� 7 O C LA y r L L E b E o a O L O A v U v c 0� 2 3 " :x c C°= b /11 c T a E.2 -0 ro ro O .i..f N` CJ N b o ny a�E> aroi N ro d ° ° .n0$.EE.SEc'a M N N N RNMR ioAo�i��� M N N N RESOLUTION NO. 3671 (19 78 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND DAVID HUILLIER FOR INSPECTION SERVICES FOR SINSHE_IMER. SWIMMING POOL CONSTRUCTION. 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 David Huillier, as an independent contractor, to perform construction inspection nor the Sinsheimer Swimming Pool project, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk. shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: David Huillier, Project Manager Jim Stockton, and Finance Department. On motion of Councilman Settle seconded by Councilman Dunin. , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed. and adopted this 5th day of September , 19 78. ATTEST: H. Fitzpatrick R 3671 Approved as to form: t Allen Grimes, City Attorney Approved as to content: City Adminstrative ficer L]P jec Manager: Director of ar s f RecYeation inane for SINSHEIMER SWIMMING POOL RESIDENT INSPECTOR EMPLOYMENT CONTRACT-(PART -TIME) THIS AGREEMENT, dated for convenience as of August 7, 1978, is by and between the City of San Luis Obispo, a chartered municipal corporation of the State of California (hereinafter sometimes referred to as "City ") and David Huillier, an independent contractor (hereinafter ;sometimes referred to as "Inspector. "). WITNESSETH: WHEREAS, City has entered into contract to construct a swim- ming pool in Sinsheimer Park as master planned',- and WHEREAS, it has. been. determined that. it is to the best interest of the City to have a• resident inspector on -site during certain critical phases of construction.; and WHEREAS, the Council has approved a swimming, pool budget which includes funds for inspection; and WHEREAS, City.Administration . adheres . to theory of project management making Project Manager responsible for given contract completion.; and WHEREAS; City's Project Manager finds that David Huillier is qualified to act as inspector for.this project.; NOW, THEREFORE, City and David Huillier, for and in considera- tion of mutual-benefits, agreements and promises set forth herein, agree as follows: 1. This agreement -shall be in effect from August 7, 1978, through December.31, 1978, subject to ear,lier..termination by either party as otherwise provided herein. 2. Inspector will perform duties as set forth in Exhibit "A" attached.hereto, dated August, 1978. 3.. Notwithstanding the wording of Exhibit "A" or any other representations, oral:or.written, between.the parties, including any and all agents or representatives thereof, Inspector, at all times covered by the terms of this agreement; is acting as a free and independent contractor, and not as an.employee of the City. The J; - 2 - Project Manager shall provide general guidance with advice from Project Architect, and the Inspector will be expected to use initiative and discretion in performing the details of the inspec- tion work. The records required to be kept by Inspector. under this agreement are solely to provide City with daily information con- cerning progress of contract and contractor's:attent,ion.to plans, specifications and adherence to cons- truction schedule. The records required to be-'kept by..Inspector are not intended as details to establish performance or non- performance by Inspector. 4. Inspector will submit daily reports of his activities and progress of contract on forms provided by City Department of Parks and Recreation and in detail satisfactory to the:Project Manager. 5.. Inspector will work no less than forty (40) hours each week for the period in which this agreement is in effect. 6. City agrees to pay Inspector.$1800_per month, one -half (�) on the first day of each.month and one -half O on the sixteenth day of each month for the period in.which this agreement is in effect. Payment shall.be made in.accordance with normal City procedures after certification by Project Manager. Partial week payment to be pro -rata based•on calendar.days in month. 7. .Inspector does not have authority to incur obligations on behalf.of the.City. 8. Either party may terminate this agreement prior to its normal expiration by mailing a notice of termination by certified mail to the other party at the respective addresses as follows: City: Swimming Pool Project Manager P.O. Box 321 San Luis. Obispo, CA 93406 Inspector.: David Huillier c/o Parks and Recreation Department P.O. Box 321 San Luis Obispo, CA 93406 The contract shall.be terminated thirty (30) days after the mailing of such notice, or sooner if the parties so agree i- n.writing. i 1 - 3 - Salary due and payable on the.terminatioa date shall be calculated pro -rata based upon the calendar days in the month. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. ATTEST: s] J. H. FITZPATRICK City Clerk. APPROVED. AS T FORM: City Attoiiiev INSPECTOR: CITY OF SAN LUIS OBISPO: sZ KENNETH E. SCHWART_Z_ Mayor APPROVED AS TO CONTENT: City Administrativ Officer EXHIBIT "A" TYPICAL DUTIES AND RESPONSIBILITIES Performs a,variety of highly responsible inspection duties during all phases of swimming pool const ruction. Inspection duties include, but are not limited to, excavation, backfill, materials, forming,.reinforcing steel placement, concrete pours, placement of wet method.gunite, plumbing, electrical work, masonry, framing and other trades that may be involved in construction of swimming pool and associated structures, inspects and administers construction contracts, performs field examinations, coordinates and compiles records of labora.tory'tests of materials, enforces compliance with code.s and criteria, reviews plans and specifications and prepares progress payment.estimates.. MINIMUM REQUIREMENTS- Knowledge.of.basic theories, principles and-practices of engineering and construction methods necessary to complete Sin sheimer. Swimmirig Pool contract* as specified. Ability to make field inspections, interpret construction plans,,specifications and contracts, compile records and inspection diaries, prepare.progress estimates and work effectively with architects -, engineers, contractors, city representatives and public. SPECIFIC.REQUIREMENTS: 1. Be available on job site each.working day.. 2. Keep daily log of construction progress and make log available to Project Manager daily. compile into inspection diary form for final presentation for fil.es. 3. Inspect to assure compliance with plans.and specifications. 4.. Notify Project Manager and /or Architect whenever discrep- ancytoccurs or question arises in plans, specifications or any construction documents. 5. Notify testing laboratory and /or structural engineering firma minimum of 24 hours prior to any function of the contract that is specified to include their specialities. 6. Make super= inspection and notes concerning the operations of: structural steel installation, gunite proces "s, building footings, ceramic tile installation, masonry work and pool plastering. 7. Make daily observations and recommendations concerning safety.of.construction. site.. Safety observations should include not only safety of workers, but security of site to.observers during non-working days and hours.. j RESOLUTION NO. 3670 (19 78 Series), A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND FAMILY SERVICES CENTER FOR FISCAL YEAR 1978 -79. 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 Family Services Center, for fiscal year 1978 -79, 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: Family Services Center, Human Relations Commission and City Finance Department. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin , AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES. None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of September , 1978. . ATTEST: o / `si "' . . R 3670 Approved as to form: Allen Grimes, City Attorney Approved as to content: Chairperson, Human Relations Commission U A G R E E M E N T Family Services Center THIS AGREEMENT, dated July 1, 1978, for the convenience of the parties hereto, is between the CITY OF SAN LUIS,OBISP0, a chartered municipal corporation (sometimes referred to herein as "City ") and FAMILY SERVICES CENTER, an unincorporated association (sometimes referred to herein as "Center "). WITNESSETH WHEREAS, Center has requested City to contribute to Center's public service J program of providing "individual and group counseling in the area of individual, family or marital problems or for premarital] counseling for young adults," as set forth .in Exhibit "A" attached hereto; and WHEREAS, said counseling will be available to residents of the City, thereby serving both a public and a municipal purpose; NOW, THEREFORE, City and Center, for and in consideration of the mutual benefits, promises and agreements set.forth herein, do agree as follows: 1. Center agrees to continue to make its counseling services available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1978, through June 30, 1979. 2. City agrees to pay Center a total sum of Two Thousand Dollars ($2.,000) for services actually provided during said period, payable monthly in twelve (12) equal installments on or before the last day of each and every month, commencing July 31, 1978, and continuing through June 30, 1979- 3. Center will provide City with monthly summary reports describing the type and quantity of services provided, and listing funds expended and funds received by Center from other sources. Said reports shall be in a form approved by City Human Relations Commission (Exhibit "B ", attached). C 4. On or before January 31,1979, Center will provide City with a detailed statement of the types' of services provided to City residents and the number of City residents provided such services during the period January 1, 1978 through December 31, 1978. 5= Center and all of its agents, representatives, and participants in any manner in the performance of Center's obligations and duties hereunder shall. be employees, independent contractors, or volunteers for Center and shall -not for any purpose be considered as employees or agents of City. Center agrees to hold the City harmless and to defend the City in any action, proceeding or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Center is an employee or agent of the. City, including, without limitation, al,l actions and claims based upon contract, tort, or statutory provisions. 6. The City Council may by motion terminate this Agreement at its sole discretion after a pub.lic,hearing held upon ten (10) days written notice to Center. Said termination shall be effective thirty (30) days after City mails notice of termination to Center.. 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified ma.il to the following addresses: CITY: CENTER: City Clerk PO Box 321 San Luis Obispo, CA 93406 Family Services Center 1160 Marsh Street Suite P San Luis Obispo, CA 93401 7 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized. FAMILY SERVICES CENTER BY )4 F�t`r-� "- >)� ;-a C'ha i rperson itrea s dire r CITY OF SAN LUIS OBISPO By: s7 KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz ATTEST: By: _ s% J. H. FITZPATRICK City Clerk-J.H. Fitzpatrick Approved as to form: App By: Allen Grimes, City Attorney 'ed as to content.: ti e Offices e DireZTor Relati'oris Commission Chairperson 9p n 3 ma gtz -m 0x c °a a S' »,o b m arCz° z� d� o = .� o ¢ a. x .,������ b O d Q> arC� �^ in'm ,p y y'I SU to CD zv'dt�l �w x,06 �; as O 1—+ W �' °' ° rc o En ID /rM�-� M i o 7 ^° Iwo n 0 C) o .a.3 CID w p °.�' R. �. R. w t txl 7 O ° : Z"l a - R b rL w y wy ti ~ C' a O - n to w CD < 00 O ,yW a ° `G" O Fn 0 °sLO a � =0 =-� 7 m a `° rL is M ry �r •l? K e! 1 I � .,t +.i... -• �....:'� . -vim^ -e i f� 1�SI 5- s' .. a a � m 0 05 o °7 : o 0 a 5' � 0 = w gr0 w w to 3 111 w; O o y w c. i O w y co .w" O n w 'y 'rL 'o- �, O `G d a c. y O 'Q `< ~ =� O a. `O w _ E. a w a p"< W w A 0 °' O a w £ O Cn m h�1 is G C3 .. a En O w a cwi ° n n 0 CD 7 co y y 0 0 W C O'.tpi ww Z 'o cc �•s �n p , C] i-, �• 1'4 Co CD R CID d Ow a.7 ko C w n } , . Lo Z oQ V U 1 Ic• N Q " .p=. 10 0 .`1 y S 2, � r.q p '.q 1p 'f "'i' a �•, S O a G w G G y �L. SD m 0 `< :r ? 0 O N w p p w w a G rwa O a w a y "o CD O w 0 z A �1 V C� N O d A W -00 g +, ° 0 X Cc T o 3 o b o a w 4 0 d � % L m� E R U C °? w 0 N a) E N N A aO � .� b C C.) a0. C. ro a) O row Op cc yt� U c°i y 0 .+ U f1 0 O O cp O d N d m m m O 0at N z Vd W a+ W 0. 0 0 > ., C % a N^ .G . 0 `6 %, '3 O e03p o�,ICZemoo p C a) C ro O of N -O mam�a����`8 3ro >7 of 0 .9a ° °c a) ... N ro E ... fir ro cc cc m a0i .r a�i O, 0 y a0) C ss-oHa oaNHU Ua w � a w Oa> Arc a pa„wcwil wxW l x o W z H a r•� � C t U E ai ,d d U O o O �, O O 4:i LO A ° O T O ro U c. .4 b CD C r� aa) o E Lo U w a a ".E a o o E+ U O d o 0 Dui y2 rW �V rw Vi 1.1 .. .0 .--i ° ao°"nU o 'O 00 O N �°.ElC'.b.b mrj Lo C- .° 0 0 00 E� � CL c C o La c ro N C C s °Oowo� +v�HwHUw 4' r: a� o ° O I^ O V1 0 C7 NC E O EX; 0 E m y 0 ro ro ^ L d '0 z al C O ` W N ro ro ON C U a7 a+ a ro o c d � 3 ° c F •� a o O w � a w Oa> Arc a pa„wcwil wxW l x o W z H a r•� � C t U E ai ,d d U O o O �, O O 4:i LO A ° O T O ro U c. .4 b CD C r� aa) o E Lo U w a a ".E a o o E+ U O d o 0 Dui y2 rW �V rw Vi 1.1 .. .0 .--i ° ao°"nU o 'O 00 O N �°.ElC'.b.b mrj Lo C- .° 0 0 00 E� � CL c C o La c ro N C C s °Oowo� +v�HwHUw 3 sf GUIDEL'UNES FOR REPORTING results of city funding of FAMILY SERVICES_ CENTER during 1978-79 fiscal year Philosophic Assumption: Aim to help people help themselves: General Guidelines: 1. Determine what services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3. Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines: 1. Service - face to face counseling and referral for city residents (but not excluding others) at modest or no cost for persons other- wise unable to afford private counselors. 2. Agency - Family Services Center 3. Measurement of performance - unit cost per client., 4. Payment - monthly, upon receipt of the following: a. Summary of clients assisted during past month, including: - number of clients, -place of residence (SLO City,.SLO County, other - city by. name if within County), -type of counseling problem, - number of- counseling hours provided, -phone tally of others assisted. b. Executive Counselor's.Report - for month immediately past. c. Treasurer's Report* - for month immediately past.. d. Board Minutes - for most recent meeting. 5. Agency to provide current copies of its by laws /constitution and current list of board members and officers. 6. Agency to provide for an annual audit by an independent auditor. * any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of.appropriate vouchers. HRC /July 197$ .. Exhibit B i RESOLUTION NO. '3669 (19 78 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS OBISPO COUNTY HOTLINE, INC. FOR FISCAL- YEAR` - 1978-79. 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 San Luis Obispo County Hotline, Inc. for fiscal year 1978 -79, 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: Hotline,:Inc., Human Relations Commission and City Finance Department. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of September , 19 78. ATTEST Ci rc . H. Fitzpatrick ..• App Approved as to content: Allen Grimes, City Attorney City Adminstrative ficer Finan - ector Chainferson, Htunan Relations Commission A G R E E M E N T San Luis Obispo County Hotline, Inc. THIS AGREEMENT, dated -July 1,1978,for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (sometimes referred to herein as "City "), and SAN LUIS OBISPO COUNTY HOTLINE, INC., a non - profit corporation (sometimes referred to herein as "Hotline "). WITNESSETH WHEREAS, Hotline has requested City to contribute to Hotline's public service program of providing counseling and referral service to persons residing within the City, thereby serving both a public and a municipal purpose. NOW, THEREFORE, City and Hotline, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Hotline agrees to continue its counseling and referral service program on a regular basis for the period July 1, 1978, through June 30, 1979. 2. Hotline will provide City with monthly summary reports describing the type and quantity of services provided, and listing funds expended and funds received by Hotline from other sources. Said reports shall be in a form approved by City's Human Relations Commission (exhibit "B ",attached). 3, City agrees to pay Hotline the total sum of Two Thousand Four Hundred Dollars ($2,400.00) for services actually provided during said period, payable. monthly at the rate of $200.00 per month on or before the last day of each and every month, commencing July 31, 1978, and continuing through June 30, 1979. 4. On or before January 31, 1979. Hotline will provide City with a detailed statement of types of services provided to City residents and the number of City residents provided with such services during the period January 1, 1978, through December 31, 1978. 5. Hotline and all of its agents, representatives, and participants in any manner in the performance of Hotline's obligations and duties hereunder shall be employees., independent contractors or volunteers for Hotline and shall not for any purpose be considered as employees or agents of City. Hotline agrees to hold'City harmless and to defend. City in any action, proceeding or hearing wherein the cause of action or claim is bases upon a.n allegation that any person acting on behalf of Hotline is an employee or agent of City, including, without limitation, all actions and claims based upon contract, tort, or statutory provisions.. 6. The City Council may by motion terminate this Agreement at its sole discretion after a public-hearing held upon ten (`10) days written notice to Hotline. Said termination shall be effective thirty (30) days after City mails notice of termination to Hotline. 7. For the purposes of notice under this Agreement,, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: City Clerk PO Box 321 San Luis Obispo, CA 93406 HOTLINE: San Luis Obispo. County Hotline., Inc. 00 Box 6,54 San 'Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized. SAN LUIS OBISPO COUNTY HOTLINE, INC. By BY CITY OF SAN LUIS OBISPO BY: .1 KENNETH E- SCHWARTZ Mayor Kenneth E. Schwartz pg 2 ATTEST: By: si J. H. FITZPATRIcK . City Clerk J.H. Fitzpatrick Approved as to form: Approved as to content: Admi a ive OffltVr By: Allen Grimes, City Attorney inance i ctor H,?6 n Relations Commission Chairperson 9p/7-17-78. p9 3 e 4 J 9� F (Y �q Oo Ye J o�c lk n c e s�QO 0 oa I e, 4 i 0 a o e , �C 5 t� " � S °o ca -7' moo• °S 3 ` "... once the troubled mind f-mds'relief through talk, then hope begins ... There is help in San Luis Obispo for the troubled person - free, neighborly help - for which we can all be appreciative." Editorial: "Hotline Fills Need" San Luis Obispo County Telegram- Tribune March 30, 1970 HOTLINE P.O. Box 654 San Luis Obispo, CA 93406 Exhibit A N b i'7 ^r W O Cn a y s; i i J I am interested in Hotline. Please send more information. I would like to volunteer. My comments are Name Address I am a professional who would like to help. City Phone Occupation r nx b =a ads•gx O O O d 0 CD 0 Cmoo o y () Q Q � t./1 � y. A. o E z -11 co rn .a m w o rL 0 : O� 0 = W H O A3 w CD o a a z< 0 0 c^o „� � y. y CD CA CD c9 CO O C dv y CD 0 C 0 G xm CD CL 0 O n 0 � r+ CD .�.�•»•• m CD O~.y _o o r rn Co ' ~. cOO O O ? �_ .d a 6 CD o 1 p A 7 .0 0 < w CD �W Z � y = � o ° o O n F CD - CD 110 Co CT `G �• ��... M `C rr `rn (t+p CD y O y 0� H a o ~ ~. ^ Ca � � ~. z r 0 d CD O CD a� := CD rL c rA Co rn n CU CL 0 O f) y I am interested in Hotline. Please send more information. I would like to volunteer. My comments are Name Address I am a professional who would like to help. City Phone Occupation nx b =a ads•gx x O o a y. a C CD o�CD w H In O A3 w y' CD 01 z< CD W c^o „� � y. y CD CA ti O c9 CD (D CD CD CL "10 7 O. c]D _o o r rn ' ~. cOO 7 CD .d o CD a CD 0� 0 CD CD �W Z � y = � d E. o m 0. 0 C9 O CD - CD 110 Co CT `G �• ��... M `C .�j �..� O O C C7 `rn (t+p CD y y A o ~ ~. ^ ° � � ~. z y CD � CD M a� := CD rL c rA Co rn n CU CL 0 CD y, c (D N i � o� O coo m to mom :3' �Qbo CD Ca CD o� a CDwCCD CD °'3< -oi C z 03 W r N° O ti C, rn °»� VQ W CD co�� rn 06 h 00 �'. O CD y .i C N r 'A £ M ry 10 H y ^. CD w 40 x 0 0 90 a..» >v w = " re x ao r =y S• O "°-° O.O O CD 10 a 0 0 CD CD CD lip N `< CD rn y CD CD CD CD CD CD O O y �'1 CD �' CD �• CD y u1 CD N y CD - y 0 O O m CL O `< CD C.1 fv M 'O % t: .`S' O O CD e Co Co 0 O CD .�•� 0 CD rL .+ CD CD 0 CD cD R 0. CD 0C 0 F o coD :;aa3 CoC Q. CD '�R- O .�� 0 CD y ° c eM CD 0 �.. pp m W O Co a• �. �'- CD O cD I am interested in Hotline. Please send more information. I would like to volunteer. My comments are Name Address I am a professional who would like to help. City Phone Occupation GUIDELINES FOR REPORTING resu I ts ''of � c i ty fund (fig 'of HOTLINE during 197-79 fiscal.year Philosophic Assumption: Aim to help people help themselves.: General Guidelines: I.. Determine what. services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3. Determine how to measure performance. 4. Pay for services rendered upon ce.rtiflcation of delivery. Specific-Guidelines: 1. Service - Twenty -four (24) hour answering service for .crisis calls; providing information and referral on a.confident.ial basis for all residents of the city (but not excluding others). 2: Agency - Hotline. 3. Measurement of performance. - unit cost ,per client. 4. Payment - monthly, upon receipt of the following: a. Summary of clients assisted during.past month, including: - number of clients, - place of residence (SLO City, SLO County, other _ city by name.if within County) insofar as possible, - distribution of calls by problem category + average number of calls per day, - number of times each client- made,.contact (insofar as possible), . -.how was the.clinet helped? - 1 referral a1 direct service 111 information only 1V pending such other statistical data as may be helpful to Hotline, and information for reporting purposes. b. Secretary's Report (if any) for month immediately past. c. Treasurer's Report` - for month immedicately past: d. Board Minutes - for most recent meeting. 5. Agency to provide current copies of its bylaws /constitution and current list of board members and officers: 6: Agency to notify HRC of all regular and special meetings of Hotline's Board. 7. Agency to provide for an annual audit by an independent.aud.itor. * any travel reimbursements contained therein to be, paid by organization's treasurer only upon receipt of'appropriate vouchers. HRC /July., 1978 . jm Exhibit B n RESOLUTION NO. 3668 (1978 Series). A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS . OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY'AND GRANDMOTHER'S' HOUSE OF SAN LUIS OBISPO-FOR FISCAL YEAR 1978 -79. 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 Grandmother's House of San Luis Obispo, a non - profit corporation, for fiscal year 1978 -79,. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution . and a copy of the executed agreement approved by it to: Human Relations Commission; Grandmother's House, City Finance Department. on motion of Councilman Settle. , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen_Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of'September , 19 78. ATTEST: i ik- �� Fitzpatrick R 3668 O O Approved as to fo4 Approved as to content: t Alen- Grimes; City Attorney City Adm-instfativT Offi Financ ector Chaifp6rson, Human Relations Commission A G R E E M E N T Grandmother's House of San Luis Obispo THIS AGREEMENT, dated July 1, 1978, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISP0, a chartered municipal corporation (sometimes referred to herein as "City "), and GRANDMOTHER'S HOUSE OF SAN LUIS OBISPO, a non - profit corporation (sometimes referred to herein as "Grandmother's House ") . WITNESSETH WHEREAS, Grandmother's House has requested City. .to contribute to Grandmother's House public service program of providing support and strength to "today's small family units by artifically recreating the kinds of intergenerational relationships that occured naturally in the oldtime extended family group ", as set forth in Exhibit "A" attached hereto; and WHEREAS, said services will be available to residents of the City, thereby serving both a public and a municipal purpose; NOW, THEREFORE, City and Grandmother's House, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: , 1. Grandmother's House agrees to continue to make its services available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1978, through June 30, 1979. 2. City agrees to pay Grandmother's House a total sum of One Thousand Dollars ($1,000.00) for services actually provided during said period, payable monthly in twelve (12) equal installments on or before the last day of each and every month; commencing July 31, 1978, and continuing through June 30, 1979• 3. Grandmother's House will provide City with monthly summary reports describing the type and quantity of services provided, and listing funds expended and funds received by Grandmother's House from other sources. Said reports shall be in a form approved by City Human Relations Commission, (Exhibit "B ", attached). 4. On or before January 31, 1979, Grandmother's House will provide. City with a detailed statement of the types of services provided to City residents and the number of City residents provided such.services during the period January 1, 1978 through December 31, 1978. 5. Grandmother's House and all of its agents, representatives, and participants in any manner in the performance of Grandmother's House obligations and duties hereunder shall be employee's, independent contractors, or volunteers for Grandmother's House and shall not for any purpose be considered as employees or agents of City. Grandmother's House agrees to hold the City harmless and to defend the City in any action, proceeding or hearing wherein the cause of action or claim is based upon an allegation that any person acting on behalf of Gandmother's House is an employee or agent of the City., including, without limitation, all actions and claims based upon contract, tort, or statutory provisions. 6. The City Council may be motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to Grandmother's House. Said termination shall be effective thirty (30) days after City mails notice of termination to Grandmother's House. pg 2 'J 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: City Clerk PO Box 32.1 San Luis Obispo, CA 93406 GRANDMOTHER "S HOUSE: Grandmother's House of San Luis Obispo c/o Bill,Pierotti 128 Naomi Avenue Shell Beach, CA 93449` IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized. GRANDMOTHER'S HOUSE OF SA,N']LUIS QBISPO By: Chairperson By OFFICE VACANT Treasurer CITY OF SAN LUIS OBISPO By: s7 KEPJN-TH E. SCHWARTZ Mayor Kenneth -E. Schwartz ATTEST: By: s7 J. H. FITZPATRICK City Clerk J.H. Fitzpatrick Approved as to form: Approved as to content: \ Admin' Officer By. Allen Grimes, City Attorney Fina c ctor Hu an Relations Commission Chairpe gp/7 -17 -78 Pg 3 i The name of this curl orati o.n is (irandmo her lG Hou—c Oi "an Idlio OUiSDO. ARTICLE II FURP0::e. 7iD Gti 11SC'�hTLO The zurpose of the corporation is to support and strengthen toda'; is small family units by artificially recreating; t;Zc kinds of inter- generational LelatiOl'. clips that OCCUr1'ed ilaturall;r iI: t17e Oldt'! ':e extended family Grcup. Within the scope of this purpose, the objectives of the cornoration are: ^ (a) To prGJlde respite child care for non =em, loved — otrlers; (b) To encoura c and train jroun,; parents tU'ta':e an acti'Ie "01e in cc ^L-i'.:; affairs "chat influence f Lmi l;r !if(,; (c) To introduce preschool children to a wi de vari.cty of human - ?find, including ti':e a ed, the handicapped, and various ethnic r�ro:u: s; (d) To teac:! jU:'ior high - school. and hivil cchoo.l : 4-udClaS the elements of child care under positive, encouraL�in� circUlIl- starses; (e) To teach colle;;e students majoring; in cili.ld development about multi ffcner.-.i;icnal interaction; (f) To provide o_pportunitics for i.n.te.�ration., pleasure, and shay. ink of :lisdo.a by senior citizens, the handic Lpped, and persons of various ethnic identification, and to co::eat the Com -uartli cntalization of individuals and (,roups -in our society; Exhibit A .GUIDELINES FOR REPORTING results of city funding of Grandmother's House during 197 -79 fiscal year Philosophic Assumption: Aim to help people help themselves: General Guidelines: 1. Determine what services are needed by persons within the city: 2. Determine how the city should provide or contract for such services. 3. Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines: 1. Service - respite child care for non - employed mothers of SLO City. 2. Agency Grandmother's House. 3• Measurement of performance - unit cost per client. 4. Payment - monthly, upon receipt of the following: a. Summary of persons assisted during past month, including: - number of families, and number and ages of children., -place of residence (SLO City, SLO County, other - city by name if with County). - number of respite hours provided (per child, and total), - summary of type, service, and amount of in -kind services, -such other statistic y al data as may helpful to Grandmother's House, and informative for reporting purposes.. b'. Coordinator's Report - for month immediately past. C. Treasurer's Report* - for month immediately past. d. Board Minutes - for most recent meeting. 5. Agency to provide current copies of its bylaws /constitution and current list of board members and officers. 6. Agency to notify HRC of all regular and special meetings of Grand- mother's House Board. 7. Agency to provide foe-an annual audit by an independent auditor. any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of appropriate vouchers. HRC /Ju,ly, 1978 gp EXHIBIT B -� r.Fi -f • lO-'A -O � �_ � + 1 l � RESOLUTION No. 3667 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A STUDENT WORK STUDY AGREEMENT WITH CALIFORNIA POLYTECHNIC STATE UNIVERSITY FOR FISCAL YEAR 1978 -79. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves an agreement entitled "Work- Study Program Off - Campus Project Agreement," with California Polytechnic State University, a copy of which is attached hereto marked Exhibit "l ". The Mayor is authorized to execute said agreement on behalf of the City. SECTION 2. The City Clerk is directed to provide copies of this resolution together with executed copies of the agreement to the Personnel Director and California Polytechnic State University. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and ATTEST: Cit erc J. H. Fitzpatrick Approved as to form: City Attorney Allen Grimes this 5th day of September -, 1978. Kenneth E. Approved as to content: City Administrative N icer zl_v� le L L, Personnel Director e R 3667 WORK-STUDY PROGRAM OFF - CAMPUS PROJECT AGREEMENT THIS AGREEMENT is entered into this 29th day of June San -Luis. Obispo 19 78 , at San Luis Obispo - , County of State of California, by Calif Polytechnic State Univer "sity, San Luis Obispo hereinafter called "Institution "and C1ty of San Luis Obispo a , hereinafter called "Contractor." The terms of this Agreement are as follows: Institution has received a grant from the U.S.. Commissioner of Education pursuant to Title IV, Part C, of the• Higher Education Act of 1965, P.L. 89 -329, as amended by the Education Amendments of 1972, P.L. 92 -318 and the Education Amendments of 1976,. P.L. 94-482 [see Work -Study Programs: 42 U.S.C. SS 2751- 2756a], hereinafter called the "Act." The purpose of that grant is to stimulate and promote the employment of students in institutions of higher education who are in need of the earnings from such employment to pursue courses of study at such institutions. Institution and Contractor desire that certain of Institution's students engage in work for public and private nonprofit organizations such as Contractor under the Work -Study Program authorized by the Act. Contractor is in a position to utilize the.services of such students. Institution, in consideration for Contractor employing Institution's students as further provided for herein; as bargained for by Institution; and Contractor, in consideration for Institution agreeing that Contractor shall receive the services and benefits accruing from this Agreement, as bargained for by Contractor, both agree as follows: 1. Contractor shall utilize the services of students furnished by Institution who are eligible to participate in the Work -Study Program and who are qualified and acceptable to Contractor. The specific services to be performed by said students are set forth in Exhibit "A" that shall be attached to this Agreement and may be revised from time to time. 2. The work performed by said students shall be in the public interest and shall be consistent with the purposes of Title IV; Part C, of the Higher Education Act of 1965. 3. The work performed by said students shall not: a. Displace employed workers, impair existing contracts for services_, or replace regular employees on strike; or b. Involve political activity or work for any political party; or C. Involve the construction, operation, or maintenance of that part of any facility used, or planned to be used, for sectarian instruction or as a place for religious worship; or d. Involve any lobbying on the federal level. 4. Contractor shall: a. Reasonably supervise the services of students participating in the Work -Study Program and permit reasonable supervision by a representative of Institution. b. Not allow any student to work for more than an average of 20 hours per week during periods when classes in which the student is enrolled are in session, unless otherwise authorized by the Institution, or for more than 40 hours per week during periods when classes are not in session. Contractor assumes responsibility for payment of total compensation to students for hours worked in excess of such maximum limitations. C. Make a report, not less often than monthly, to Institution of the time worked by students participating in the program, and any benefits to which they may be entitled, including Social Security coverage, where applicable. d. At such time as specified by the Institution, deposit in advance an amount sufficient to cover at least twenty percent of the total compensation to be paid to students participating in the program (plus any agreed upon reimbursement to the Institution for costs of administering this Agreement). Such costs shall be identified in Exhibit "B ", a "Cost Estimate" that shall be attached to this Agreement and may be revised from time to time. 5. Compensation to be paid to students participating in the program will be reasonable in light of the work to be performed by them 6. Contractor agrees that no student will be denied work or subjected to different treatment under this Agreement on the grounds of race, color, national origin, sex or physical disability, and that Contractor will comply -with the Civil Rights Act of 1964 [P.L.88 -352; 78 Stat. 2521, Title IX of the Education Amendments of 1972 [P.L. 92 -3181, Section 504 of the Rehabilitation Act of 1973, and the Regulations of the Department of Health, Education and Welfare which implement those Acts. 7. In the selection of students for employment under this Agreement, preference shall be given to students with the greatest financial need, taking into account grant assistance provided such student from any public or private _sources and that employment under such Work -Study Program shall be furnished only to a student who: a. . is in need of the earnings from such employment in order to pursue a course of study at such Institution (taking into consideration the actual cost of attendance at such institution), and b. shows evidence of academic or creative promise and capability of maintaining good standing in such course of study while employed under the program covered by the agreement, and C. has been accepted for enrollment as a student at the Institution on at least a half -time basis or, in the case of a student already enrolled in and attending the Institution, is in good standing and in attendance_ there on at least a half -time basis either as an undergraduate or graduate student, and d. is maintaining satisfactory progress in his /her course of study in accordance with the standards and practices of the Institution, and e. is not in default on any loan made from a student loan fund at the Institution or on a loan made, insured, or guaranteed under the Guaranteed Student Loan Program for attendance at the Institution, and f. does not owe a refund on grants previously received for attendance at the Institution: and. M g. has signed an affidavit of educational purpose, provided by Institution, stating that assistance received under the Work -Study Program will be used for expenses related to attendance at Institution. 8. Institution agrees to return to Contractor amounts deposited by Contractor which are not used for the payment of salaries or other payroll expenses of students employed by Contractor (or for agreed -upon reimbursement of Institution's costs of administering this Agreement). 9. Institution will be responsible for: a. Determination of the need of the student in accordance with the instructions of the U.S. Department of Health, Education and Welfare; b. Determination of students' eligibility, academic and otherwise; C. Payment of students' salaries on behalf of Contractor. 10. This Agreement shall be subject to the availability of funds to Institution for the portion of the student's compensation not to be paid Institution by Contractor. It shall also be subject to the provisions of the Higher Education Act of 1965, as amended, the regulations adopted thereunder., amended, and all legislation and regulations pertaining to the Work -Study Program adopted subsequent to January 1, 1965. 11. The Contractor agrees to idemnify, defend and save harmless the State, the Trustees of The California State University and Colleges, Institution, their officers, agents and employees from any and all claims and losses accruing or resulting to any and all'contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 12. The Contractor shall be responsible for all employee benefits and provide Workers" Compensation insurance at Contractor's own cost and expense for all students employed pursuant to this Agreement.. Contractor shall furnish Institution a list of all such benefits and costs, including Social Security when such coverage is offered. 13. The Contractor, and any agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of State of California, the Trustees of The California State University and Colleges, or of Institution. Students furnished employment by Contractor pursuant to this Agreement shall not be considered to be apprentices, employees, agents, or officers of the State of California, the Trustees of The California State University and Colleges, or of Institution. 14. Institution may terminate this Agreement and be relieved of the. payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, Institution may proceed to carry out the purpose of this Agreement in any manner deemed proper by Institution. The cost to In shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid the Contractor upon demand. 15. This Agreement is not assignable by Contractor either in whole or in part. 16. Time is of the essence of each and all the provisions of this Agreement, and the provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs; executors, administrators, successors, and assigns of the respective parties hereto. 3 17. It is mutually understood and agreed that no alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understandings or agreements not incorporated herein, and no alterations or variations of the terms hereof .unless made in writing between_ the parties hereto shall be binding on any of the parties hereto. 18. This Agreement shall terminate 30 days after either Institution or Contractor has notified the other party in writing of its desire to terminate this Agreement: IN WITNESS WHEREOF, the parties hereto have executed this Agreement in quintuplicate the day and year first above written. CtL1fEgRNLA $T JT CONTRACTOR ail orm a o y echnic State University city of San Luis Obispo San Luis Obispo, CA 93407 c Kenneth E. Schwartz, Mayor BY BY James R. Landreth, Director Business Affairs (Date) (Date) (Where Contractor is a corporation, certified copy of corporate resolution authorizing signatory to sign must be attached. A sample certification is attached for your information.) ATTEST:. s71. H. FMPATRICK City Clerk J. H. Fitzpatrick Approved as to form: A City Attorney Allen Grimes 4 s7 K.rM'TH E. SCHWARTZ Mayor Approved as to content: r city Administrative OffNer Personnel Director 0 WORK -STUDY PROGRAM EXIH BIT "A" Contractor with which student employment arrangement is being proposed: 1.11 City of San Luis Obispo 990 Palm Street Name of Contractor 541 -1000 Ext. 18 Address Telephone Number San Luis Obispo CA 93401 - City State Zip Code 1.12 Person directing Contractor: Various see.1.4 below Name Title 1.13 Address where work is to be performed if different from Contractor's principal office: 1.2 Statement on special conditions for employment in work for public or private nonprofit organization: 1.21 Is work to be performed "in the public interest "? Yeses_ No 1.22 Will this work result in the displacement of employed workers or impair existing contracts for service? Yes No - x 1.3 Activities of Contractor: Municipal Corooration 1.4 Classify jobs by category, and give concise one - sentence description of each category. 1.41 Planning Intern - performs routine processing and review of development proposals requiring City approval under direction of Dan Smith, Senior Planner 1.42 Drafting Intern - updates and maintains maps for sewer, water, street, sidewalk data under direction of Art kird, Administration Assistant /Public Services. 5 1.43 1.44 1.5 Total Annual Program cost for this Agreement should not exceed $ LI I-0 ---------- -- P.lanu Drafi WORK -STUDY PROGRAM EXHIBIT "B" Name of Agency or Organization City of San Luis Obispo Address 990 Palm Street San Luis Obispo, CA 93401 (Street) (City, State, Zip Code) Phone Number (805) 541 - 1000 X18 Person to Contact Gordon Johnson (Area Code) Period covered by this Cost Estimate 7 -1 -78 6 -30 -79 _ — (From) (To) COST ESTIMATE Total Compensation S 4,900 Federal Funds (29/o of Total Compensation) S 3,920 Contractor Matching (2N of Total Compensation) $ 980 Administrative surcharge to Contractor (based onl0 % of Total Compensation) S O i' S 1,470 >1 y A O Minimum Maximum 7E = r '� Hourly Hourly Est. Average E ,�, E Rate of Rate of Compensation E E u E Total Job Classification Pay Pay* Per Job Ln Q Q0 Z Compensation ping Intern $3.65 $3.65 $2121 X 2 $4243 ing Intern $3.65 $3.65 $657 X 1 $657 Total Compensation S 4,900 Federal Funds (29/o of Total Compensation) S 3,920 Contractor Matching (2N of Total Compensation) $ 980 Administrative surcharge to Contractor (based onl0 % of Total Compensation) S 490 Total Cost to Contractor S 1,470 *See item I' of Agreement regarding employee benefits. 7 ���� /�. RESOLUTION NO. 3666 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP.O APPROVING EXTENSION OF AN AGREEMENT WITH ALLEN, GRIMES, INC., FOR CITY ATTORNEY SERVICES. BE IT RESOLVED by the Council of the City of'San Luis Obispo.as follows: SECTION 1. This council hereby approves extension of the agreement dated June 28,. 1978, between the city and Allen Grimes, Inc., a professional corporation, for City Attorney services through September 30, 1978. The Mayor is authorized to execute the extension on behalf of the city. SECTION 2. The City Clerk shall furnish a copy of this resolution and the executed extension to Allen Grimes, Inc. and to the City Finance Director.. On motion of Councilman Settle. , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT:. None the foregoing resolution was passed and adopted this .Sth day of September , 1978. ATTEST: Ci er J. H. Fitzpatrick Approved as to content: City Administrative Officey ktm.8/23/78 R.3666 AMENDMENT EXTENDING AGREEMENT FOR SERVICES AS CITY ATTORNEY The undersigned parties to the Agreement for Services as City Attorney dated June 28 , 1978, hereby agree to extend said agreement through September 30, 1978. effect. All other terms of said Agreement shall remain in full force and ALLEN GRIMES; INC. A Professional Corp ration Attorney at Law Allen Grimes Dated: CITY OF SAN LUIS OBISPO A Municipal Corporation ATTEST: s� KZNNETH E: SCHWARTZ Mayor- Kenneth-E.-Schwartz s7 J. H. FITZPATRicK City Clerk J. H. Fitzpatrick Approved,as to content: City Administrative icer- ktm 8/23/18 i RESOLUTION NO. 3665 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS .OBISPO APPROVING AN AGREEMENT BEWEEN THE CITY AND ORLOFF W. MILLER AS PART -TIME HUMAN RELATIONS COORDINATOR. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1.. That certain agreement, attached hereto marked Exhibit IWI and incorporated herein by reference, between the City of San Luis Obispo and Orloff W. Miller as part -time Human :Relations Coordinator through June 30, 1979, at $1388 per month for the ten month period of the agreement, 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, Orloff W. Miller, and the chairperson of the Human Relations Commission On motion of Councilman Jorgensen seconded by Councilman Dunir 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 5th day of September 1978. ATTEST: City Clerk J. H. Fitzpatrick R 3665 Approved as to form e Allen Grimes, City Attorney Approved as to content: Chaii4person, Human Relations Commission HUMAN RELATIONS COORDINATOR EMPLOYMENT CONTRACT (PART=TIME) THIS AGREEMENT, dated for convenience as of September 1, 1978, is by and between THE CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California (hereinafter called "City ") and ORLOFF W. MILLER, an independent contractor (hereinafter called "Coordinator "). WITNESSETH: WHEREAS, City desires to employ an independent contractor to provide professional consultant and administrative services for the City's Human Relations Commission; and WHEREAS, the City has found Orloff W. Miller fully qualified to perform such services; NOW, THEREFORE, City and Coordinator for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. This agreement shall be in effect from September 1, 1978, through June 30, 1979, during which time Coordinator will work subject to earlier termination by either party as otherwise provided herein. 2. Coordinator will perform duties as set forth in Exhibit "A" attached hereto, dated March 1, 1978. He shall provide adequate supervision and direction for the effective performance of job duties of the Human Relations Assistant, Clerk- Typist II and any other temporary or part -time personnel employed by the City to assist the Human Relations Commission. 3. Notwithstanding the wording of Exhibit "A" or any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Coordinator, at all.times covered by the terms of this agreement, is acting as .a free and independent contractor, and not as an employee of the City. The City's Human Relations Commission. shall provide broad general guidance, and the Coordinator will be expected to use initiative and discretion in performing.the details of the Coordinator's work. The records required to be kept by Coordinator under this agreement are solely to provide.City with criteria for evaluating the over -all value of this and possible subsequent contracts, and not as details to establish performance or non - performance by Coordinator.. 4. Coordinator will submit a monthly report of his activities in a form and detail satisfactory to the City's human Relations Commission. 5. Coordinator will work no less than thirty (30) hours each week. In recognition of the fact that Coordinator may have to work more than thirty (30) hours a week on occasion, the Human Relations Commission through its chairperson may grant occasional time off not exceeding one day at a time. However, there shall be no formal accounting for overtime worked, and Coordinator shall accrue no right to accumulate such compensating time off. Coordinator shall be paid for one week's vacation during.the ten -month term of this agreement. Any time off in excess of the compensating time off or vacation provisions cited above.shall be with approval of the Human Relations Commission and shall be without pay. 6. City agrees to pay Coordinator One Thousand Three Hundred Eighty- Eight Dollars ($1,388) per month for ten months, for total of $13,880.00. . -2- 7. Travel and other expenses of the.Coordinator shall be approved by the Human Relations Commission and shall be within the 1978 -79 budget of the Commission. Payment shall.be made in accordance with normal City procedures after- receipt of the report from the Coordinator of his activities during the previous month, and after certification by the Chairman of the.Huiian Relations Commission that said form is satisfactory as to form and.content. 8. Either party may terminate this agreement prior to its normal.expiration by mailing a notice of termination by certified . mail to the other party at their respective addresses as follows: CITY OF SAN LUIS OBISPO: ORLOFF W. MILLER: City Clerk P. 0. Box 321. San Luis Obispo, CA 93406 P. 0. Box 1352 San Luis Obispo, CA 93406 The contract shall be terminated thirty (30) days after the mailing of such notice; or sooner if the parties so agree in writing. Obligations due and payable on the termination date shall be calculated.pro =rata. IN WITNESS WHEREOF, the parties hereto have caused this agree- ment to be executed. ATTEST: s% J. H. FITZPATRIC_ K _City .Clerk HUMAN RELATIONS COORDINATOR Orloff 'nFT. NM,\iller CITY OF SAN LUIS OBISPO Approved as 2- forme % City Attorney Approved as to content: -4- v,:c airperson, Human Relations Commission HUMAN RELATIONS COMMISSION Human Services Coordinator DUTIES AND RESPONSIBILITIES The Coordinator's position is a contract position with the City of San Luis .Obispo and includes the following duties: 1) Assists the Human Relations Commission to identify needs for human services and recommends corrective action to overcome any duplication of agencies in the city. 2) Recommends to the Human Relations Commission sources of grants or project assistance for city- funded human-service agencies. 3) Assists in the preparation and implementation of the total Human Relations Commission's budget: 4) Acts as a.consultant upon request of a commissioner /commissioners in the resolution of a grievance. 5) When directed by HRC acts as a consultant in assisting City Council, administration, and service departments in the resolution or referral of grievances. 6) When directed by HRC provides liaison to City- funded human service agencies and provides services in budget preparation, orientation for new board members and assistance in any administrative problems including grievances. 7) Reviews and advises the Human. Relations Commission of the operation of City - funded human services agencies. 8) Reviews and makes recommendations to the Human Relations Commission with reference to agency funding requests. 9) Advises and recommends possible course of action to be taken by the Human Relations Commission in.recommending areas to be covered by City- funded agencies or in eradicating overlapping areas. 10) Coordinates the monitoring and evaluation of City- funded human service agencies and advises the Human Relations Commission of any deficiencies or problems And recommends corrective action. 11) Gathers for the HRC information relative to human relations services provided within the City including, but not limited to: A) Human Services Directory: . B) Human Relations Commission brochure: C) City- funded agencies. D) Volunteers, services, funds or goods, and E) Others as directed by HRC. 12) Provides administration of the Human Relations Commission office. 13) Supervises the staff and insures that all staff procedures are in strict conformance with the San Luis Obispo City rules. EXHIBIT "A" 14) Screens and interviews applicants and recommends qualified persons for hiring to the Human Relations Commission. 15) Supervises the intake, initiates responses, and disseminates to Commissioners citizen grievance complaints and performs related duties as requested by HRC. 16) Is responsible for insuring that the HRC budget is operated in strict compliance with the San Luis Obispo City rules., 17) Any other duties assigned by the HRC. EMPLOYMENT STANDARDS As defined by the HRC, but generally shall include any combination of education and experience equivalent to a MA degree in Social Science or related field with five years of increasingly responsible administrative experience in a community organization or public agency including three years of social service work, counseling or human relations. KNOWLEDGE AND ABILITIES Knowledge of the principles and practices of governmental administration; types of human services agencies in the county; sources of information pertinent to the operation of the Human Relations Commission, current trends in social services. Ability to deal effectively with a variety of governmental and community officials; relate to persons regardless of status in the community and of race, sex, religion, political affiliation; handicaps and age; to obtain the respect, cooperation and confidence of mi.norities, women, departments and organizations involved with human services; to speak effectively in public; write clear, concise reports, demonstrates good judgment, self- reliance, tact and emotional stability. Bilingual in Spanish is desirable but not mandatory in.this capacity. SUPERVISION AND PERFORMANCE APPRAISAL PROCEDURES The Coordinator will be under the direct supervision of the Chairperson, Human Relations_ Commission. The Chairperson and the HRC Personnel Committee will evaluate the performance of the Coordinator. The Coordinator will receive a written performance appraisal report during the month of December and the month of June of each year. The City of San Luis Obispo "Employee's Work Performance and Probationary Report" will be utilized in evaluating the Coordinator. AUTHORITY The Coordinator will prepare and sign all routine correspondence. A11 correspondence dealing with policy or controversial matters or in any way obligating the HRC will be signed by the Chairperson, HRC. All HRC correspondence to city or county or .other governmental offices will be "signed by the Chairperson, Human Relations Commission. = adopted l March, 1978 -2- RESOLUTION NO. 3664;(1978 Series) A RESOLUTION OF APPRECIATION EXPRESSING THE CITY'S GRATITUDE TO DONALD HALE FOR HIS LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS. WHEREAS, in 1948, Donald Hale was hired by the San Luis Obispo Fire Department as a -fire fighter; and WHEREAS, during his thirty years with the department, Don has also served as fire engineer and chief mechanic; and WHEREAS, during his employment with the department, Don has contributed time and knowledge well beyond the requirements of his job in making specialized equipment for the department; and WHEREAS, Don's expertise in improvising and repairing equip- ment has saved the city considerable sums of money over the years; and WHEREAS, Don has also utilized his knowledge and expertise to restore historic fire fighting equipment, namely, a chemical wagon and hose cart belonging to the Firemen's Association, and a hand pumper loaned to the association by a local citizen; NOW, THEREFORE, BE IT, RESOLVED that this council wishes to express its gratitude and appreciation to Donald Hale for his thirty years of dedicated service to'--the city and its citizens. On motion of Councilman Settle seconded by Councilman - Dunin and on the - following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES • None ABSENT: None the foregoing resolution was passed and adopted this 5th day of September 1978. ATTEST: i �!'i77 .' Approved as to form Approved as to content: I' City Attorney Allen Grimes City Administrative ONficer Fire Chief i= RESOLUTION NO. 3663 (197£3 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL ADDENDUM RESOLUTION 3603, APPROVAL OF TENTATIVE TRACT MAP 706, BY REVISING CONDITION #I OF SAID RESOLUTION. WHEREAS, the City Council adopted resolution #3603 approving tentative tract map 706 a condominium conversion subject to certain conditions of approval; and WHEREAS, condition #1 of said resolution required the subdivider to sound proof individual units from interior noise sources; and WHEREAS, the applicant submitted evidence that compliance with said condition would be economicallly infeasible and would cause significant inconvenience to present tennants by requiring major reconstruction of interior walls; and WHEREAS, city staff collaborated the conclusions of the subdivider through detailed evaluations by the chief building official and planning division staff; and WHEREAS, the City Council finds that strict compliance with noise standards would cause a significant increase in the cost of the condominium units which would comprovmise the objective of the subdivider to provide moderate cost housing to meet housing objectives of the city; and WHEREAS, the City Council finds that the objectives for moderate priced housing outweigh the benefits of added noise proofing; and WHEREAS, the City Council feels that it would be acceptable, in lieu of meeting current noise standards to notify prospecitve buyers of noise problems that may be experienced in these units; and WHEREAS, the City Council finds, in response to inquiry by the subdivider, that the dwelling unit construction tax ordinance applies to condominium conversion subdivisions: R 3663 Resolution No. 3663 Page 2 Tract 706 NOW THEREFORE, the City Council resolves that resolution No. 3603 be amended as follows: I. That condition #I of said resolution is hereby deleted. 2. That in lieu of condition #1 of said resolution the following condition shall be substituted as follows: A note shall be placed on the final map. to be included in the public report for the subdivision, stating that the dwelling units do not comply with current building code standards for noise insulation from exterior and interior noise sources. On motion of Councilman Settle, seconded by Councilman Petterson _, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None The foregoing resolution was passed and a ATTEST: e < .H. Fitzpatrick Approved as to form: Endorsement declined by-Allen Grimes, city attorney IDS: cm 9/11/78 is 5th day of. September, of 1978. yor xennetn-h. menwartz Approved as to content: Endorsement declined City Administrative Officer Community D t velopmea Department City E gineer RESOLUTION NO. 3662 (19-78 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND UNION OIL COMPANY OF CALIFORNIA FOR RIGHTS -OF -WAY TO SAN LUIS OBISPO CREEK BE IT RESOLVED b y the Council of the City Of San Luis Obispo as follows: . SECTION 1. That certain agreement, attached hereto marked Exhibitil"Titiv and incorporated herein by reference, between the City of San Luis Obispo and the Union Oil C61upany of California.' is hereb y 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'th6 executed agreement approved by it to: the Union Oii-.Company of California and the.City Engineer On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES- Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day Of September- 1978. ATTEST: Cit 4� rR J H. Fitzpat-kick R 3662 Approved as to form: Approved as to content: �-- City Admmin'srative f - er hector of Public Services V Recording Requested By: ;^ UNION OIL COMPANY OF CALIFORNIA When Recorded Mail To: Don W. Zimmerman Union Oil Company of California P.O. Box 7600 Los Angeles, CA -90051 55049.4 MODIFICATION OF RIGHT OF WAY THIS AGREEMENT, dated the 25th day of August, 1978, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City and UNION OIL COMPANY OF CALIFORNIA, a corporation, hereinafter called Union. W I T N E S S E T H: WHEREAS, by Right of Way Deed dated May 191 1952, re- corded July 9, 1952 in Book 665 at Page 103, Official Records of San Luis Obispo County, California, City granted Union, its successors or assigns, a Right of Way from time to time, to lay, maintain, operate, repair, alter and remove two (2) pipelines for the transportation of oil, gas, water and.other substances, with the right of ingress and egress to and -from the same over; through, under and along that certain parcel. of land situate in the County of San Luis Obispo, State of California, described as follows, to -wit: Lot 5 of Harford and Chapman's Subdivision of lands in township 31 South, . Range 12 East, M.D.B. &M.; according to map filed for record September 28, 1876, in the office of the County Recorder of said County. Said pipelines were constructed within a strip of land ten feet (10') in width, as determined by the centerline of said strip as described.in said Right of Way Deed; and WHEREAS, the location of the said ten foot wide strip was modified by that certain Modification of Right of Way Agreement dated August 1,8, 1952 and recorded September 17, 1952 in Volume 676 at Page 287, Official Records of San Luis Obispo County, California, and UNION 04L COMPANY OF CALIFORNIA SECRETARY'S COPY l WHEREAS,.the parties hereto mutually desire to change the location of said strip of land within which said pipelines are to be relocated as to accommodate the realignment of San Luis Obispo Creek. NOW, THEREFORE, for good and valuable consideration, the receipt whereof iZ hereby acknowledged, the parties hereto agree that said pipelines shall be constructed over, along, through, under, across and along said land within a strip of land ten feet in width, along a route to be selected by Union, as close as practi- cable to the route shown colored red on map marked Exhibit A attached hereto. Within six (6) months from the date of completion of the pipeline relocation hereof, Union shall record in -the office of the County Recorder of said County, a written instrument containing the surveyed centerline description of the aforesaid ten foot wide right of .way strip. In all other respects said Right of Way Agreement dated May 19, 1952, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. CITY OF SAN LUIS OBISPO By s7 KENIJ'TH E. SCHVVARTZ By s7 l. H. FITZPATRICK UNION OIL COMPANY OF CALIFORNIA By Fred M. Anderson, President Union Real Estate Division By - Asst. Secretary -2- C� Approved as to City Attorney Allen Grimes Approved as to content: City Admini —'— s ativ Officer `City, Engineer `J Director of Public Services I to a•J RCS \ 2 hto C44) � Oo AO 4hOOf COT 4 POLE G i e O 4O �Cp 63c3 4y 000 �' V T4R 8 T CF \� h� ,ham, PT 30, 2 OpO Cf 9C 42 co IV o° he 06,S.o s ° ,' �8e 563• s9,5� 30. 4 43 , c 5 F 23fi �hv 6 y �a aes�@ ti, o ~�Sod9d ar x2 R sls 8 .V6 e �` sh %�yo°J Ica y0 a i COT DRAWN BY R V W TRACED BY CHECKED BY ` A FPO OVED —,7—*)� REF. OR P. B. 52-2 SCALE 1, -300__ DATE Sri/ 3011452 F Q' O Q' Q Exhibit A RIUHT5 OF WAY 5AN LUIS OBISPO D15TRICT 5AN LUIS OB15PO COUNTY CALIFORNIA UHION OOLL COMPANY OF CAL EFORHOA LOS ANGELES, CAL. SUR. V. 56 -67 REVISED I OATS I REV. BY I CKB. BY 2 203-288 _SHEETSI SHEET_ RESOLUTION NO. 3661 .(19 78 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF .SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND UNION OIL COMPANY OF CALIFORNIA FOR RIGHTS -OF -WAY TO SAN LUIS OBISPO CREEK BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "Z" and incorporated herein•by' reference, between the City of San Luis Obispo and Union Oil Company of California 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 Union Oil Company of California and the City Engineer On motion of Councilman Settle_ ,.seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of September , 19-78. ATTEST: erk J. H. Fitzpatrick R3661 Approved as to fprm: Approved as to content: en Grimes, City Attorney City Adminstrative cer City Director of Public Services Recording Requested '( UNION OIL COMPANY OF CALIFORNIA When Recorded Mail To: Don W. Zimmerman Union Oil Company of California P.O. Box 7600 Los Angeles, CA 90051 56949.3 MODIFICATION OF RIGHT OF WAY THIS AGREEMENT, dated the 25th day of August, 1978, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City, and UNION OIL COMPANY OF CALIFORNIA, a corporation, hereinafter called Union.. W I T N E S S E T H: WHEREAS, by Right of Way Deed dated October 11, 1966, recorded October 26, 1966 in Book 1414 at Page 527, Official Records of San Luis Obispo County, California, City granted Union, its successors or assigns, a Right of Way from time to time to lay, maintain, operate, repair, alter and remove pipelines and appurte- nances thereof, for the transmission of oil, gas, water and other substances, with the right of ingress and egress to and from the same over, through, under and along that certain parcel of land situate in the County of San Luis Obispo, State of California, described as follows, to -wit: Lot 5 of Harford and Chapman's Subdivision of lands in Township 31 South, Range 12 East, M.D.B. &M., according to map filed for record September 28, 1876, in the office of the County Recorder of said County. Said pipelines to be constructed within a strip of land ten feet (10') in width, as described in that certain Description of Route Selected dated September 22, 1967, recorded in Volume 1451 at Page 374 of Official Records of said County; and WHEREAS, the parties hereto mutually desire to change the location of said strip of land within which said pipelines are to _-XP/E /T UNION OIL COMPANY OF CALIFORNIA _ SECRETARY'S COPY ( ` be relocated as to accommodate the realignment of San-Luis Obispo Creek.. NOW, THEREFORE, for full and valuable consideration, the receipt whereof is hereby acknowledged, the parties hereto agree that said pipelines shall be constructed over, along, through, under,. across and along said land within a strip of land ten feet in width, along a route to be selected by Union, as close as practicable to the route shown colored red on map marked Exhibit A attached hereto. Within six months (6) .from the date of completion of the pipeline relocation hereof, Union shall record in the office of the County Recorder of said County, a written instrument containing the surveyed centerline description of the aforesaid ten foot wide right of way strip. In all other respects said Right of way Agreement dated October 11, 1966, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. CITY OF SAN LUIS OBISPO By s% KENNcTH E. SCHWARTZ By ..... s7 J. H: FITZPATRICK UNION OIL COMPANY OF CALIFORNIA By Fred M. Anderson, President Union Real Estate Division By Asst. Secretary -2- Approved as to fo City Attorney Allen -Ur �iffes Approved as to content: a City Achninisti%tive Officer Ci Engineer Director-of Pfiblic -Services f � RESOLUTION NO. 3660 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS .OBISPO APPROVING AN AGREEMENT WITH ROGER T. MARSHALL, JUDY D. MARSHALL, ALBERT STONE, MAUDIE MAE STONE AND LORILEE SILVAGGIO..(1302 MARSH STREET) FOR THE WIDENING OF JOHNSON AVENUE. i BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, a copy of which is attached hereto, between the City and Roger T. Marshall, Judy D. Marshall, Albert Stone and Maudie Mae Stone and Lorilee Silvaggio, is hereby approved and the Mayor is authorized to execute same and accept attached Grant Deed. SECTION 2. The City Clerk shall furnish a copy of this Resolution together with the agreement_to the Grantors and the City Engineer. SECTION 3. The Finance Department shall issue a warrant in the amount of $1,157.89 to the Grantors. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote:. AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5th day of September ,1978. ATTEST: City rc J. H. Fitzpatrick Approved as to orm: City Attorney, Allen Grimes' Approved as to content: City Administrative Officer ., y ngln9er R 3660 RECORDING REQUESTED "BY61,- CITY CLERK City of San Luis Obispo ANO WNCN 1lLCOROlD MAIL TO Na" r City Clerk St.«t City of San Luis Obispo Ate! P.O. Box 321 . Cirya San Luis Obispo, CA 93406 stet. 1 lr— MAIL TA: STATEMENTS .10 Steel Addrwi Cih IS State L_ SPACE ABOVE THIS LINE FOR RECORDER'S USE Individual Grant Deed ,e THIS FORM FURNISHED BY TIC-OR TITLE INSURERS. e v N The undersigned grantor (s) declare (s) Documentary transfer tax is $ ( ) computed on full value of property conveyed; or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( ) City of and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROGER T. MARSHALL, JUDY D. MARSHALL, ALBERT STONE.,MAUDIE MAE STONE and LORILEE SILVAGGIO hereby CRANT(S) to the CITY OF SAN LUIS OBISPO the following described real property in the City of San Luis Obispo County of San Luis Obispo ; State of California: The.southwesterly five (5) feet of Lot 18, as measured at right angles to the southwesterly line of said lot, of Kniffen and Schuster's Subdivision; in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to a map recorded April 30, 1907 in Book 1, Page 10 of Maps, in the Office of the County Recorder of said County. Dated STATE OF CALIFORNIA COUNTY OF SpyN L yis OBisl�b ss: On .�T"UL --o 20 /27A? before me, the under- er- Stone;—, signed, a Notary Public in and for said State. personally appeared /l A a as rOWE Lo/P'�GEE .5 /4 11Ad,".0 kno�n, to me L__- Lori1ee Silvaggid/ to be the person —S whose name_ subscribed to the within instrument and acknowledged that TfiEr executed the same. OFFICIAL SEAL' WITNESS my hand and official seal. o STEVE JP,COEScIq NOT ARY PUBLIC CALIFORNIA p �4, I1�A��. F7LKCIPAL O.'FIC: iN ? SAN U#13 WIt;PJ rry MY CemaHUioe. CZ;U -s A.-rit 30.. 197��9�`)�t -Via 4W Signature - (Thl, area tar official. notarial will Title Order No. Escrow or Loan No. '7­MAIL "TAX - STATEMENTS AS "DIRECTED -ABOVE 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 Individual Grant Deed dated July 2 , 1978 , from Roger T. Marshall, Judy D. Marshall, Albert Stone, Maudie Mae Stone and Lorilee Silvaggio 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: September 7, 1978 CITY OF SAN LUIS OBISPO By Kenneth E. Schwartz, Mayor ATTEST: J.H. Fitzpatrick, City Clerk AGREEMENT T. THIS AGREEMENT, executed this 7th day of September , 1978 by and between ROGER T. MARSHALL and JUDY D. MARSHALL, ALBERT STONE and MAUDIE MAE STONE, LORILEE SILVAaGIO, hereinafter called-Grantors, and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City, witnesseth: 1. Grantors shall convey to the City 0.014 acres, more or less, lying along Johnson Avenue as shown on the attached sketch labeled Exhibit A. 2. In consideration of the deed to the property for street widening, City agrees to construct sidewalk, curb and gutter, and driveway ramp at the new line in addition to a portion (5' x 11') of onsite sidewalk for access to Johnson Avenue. 3. City shall provide all necessary engineering, remove tree, relocate utilities, traffic signals and drainage improvements, as necessary, and paveout to the new gutter. City shall.also replace concrete curb at back of sidewalk and remove existing sidewalk within Grantors' property. Grantors hereby grant City, or its contractor, right of access to install and /or remove above - mentioned improvements.. 4. The City agrees to pay Grantors eleven hundred fifty -seven and 89/100 ($1157.89) dollars for costs already incurred in the removal of existing frontage improvements prior to negotiations for the widening. ATTEST: CITY OF SAN LUIS OBISPO: City Clerk J. H. Fitzpatrick Ma qd ie Mae Sto e -7 Li N `` Lori ee.'S lv"aggio. I Approved as to form:/ I Approved as to content: City Attorney Allen Grimes City Administrative cer t En ineer JOHNSON AVE. 40'15'W 240' - N 40° 15' W 240' LTIA Z O � uv O Ln C p rn I yD MM m> m D. �o tm 0 �n OM Nm ND O m 0 0 fTl o. D 70' 3 l L v 70' JOHNSON AVE. N 40°15'W 120 120 i m w T y V N •'. n ,D. G) I— O Ln A m I .� y .A LTI V - (D m --% Z ,-+ m G) W N m- : U) O ro - - � E OD D Z O � � D U) 60' n ,D. G) I— O m zD A U D (D --% Z ,-+ m f : U) - cn � in D T O G) 60' O a RESOLUTION NO. 3659 (1978 Series) A RESOLUTION OF INTENTION TO ABANDON PORTIONS OF IRIS AND GEORGE STREETS BETWEEN THE IMPROVED PORTIONS OF SAID STREETS AND THE FRENCH MEDICAL CLINIC PARKING LOT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of Iris and George Streets between the improved portions of said streets and the French Medical Clinic parking lot as shown on the maps marked Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are also on file.in the Office of the City Clerk. SECTION 3. Tuesday, October 3, 1978 at 7:00 P.M. in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the pro- posed abandonment, which time is not less than fifteen (15) days from the passage of this.resolution. SECTION 4. This resolution, together with the.ayes and noes, shall be published once in full, at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The abandonment is subject to reservations by the city of public easements for utilities and storm drains as noted on attached Exhibits "A" & "B" and incorporated herein by reference. R 3659 Resolution No 36 ~ -2- ~ SECTION 7. The abandonment is subject to reservation by Pacific Gas and Electric Company of an easement to install, maintain, repair, operate, replace, remove and renew lines of wires, poles and other structures, equipment and fixtures above ground for the operation of said facilities in said streets as indicated on attached Exhibit "B ", and incorporated herein by reference. SECTION 8. The abandonment is subject to reservation of a private ease- ment to accommodate the maintenance and operation of a sewer lateral of the French Clinic within the George Street abandonment. Said easement shall be in the form of a private instrument. On motion Of Councilman Settle seconded by Councilman Dunin f 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 5th day of September , 1978. ATTEST:' &,199 /'&e /, H. Approved as to fo Approved as to content: City Administrative O Kicer N by Allen Grimes, City Attorney 10 ty Efigi-n-e-elr Community velopmen i "rector I to o FIZEW H HOypI TAIL TEFRArE_ HILL AREAS TO. BE -&P. ABANDONED ego RE5.36501 EXHIBIT A /0 "W /DE STORAof.DAAIN EASEMEW FOR C17Y 000l S'z35'EASEMENT FOR 14 0 EX15r 55WER LATERAL OF SIX FRENCH HOSA EM AREA TO BE -&�- ABANDONED I NO SCAM RE5.3659 EXHIBIT B ITT 1L u H, 6Z — -1 VAT r N I •T.7 v i cs� s � �f7 l �.. -� 5 �C) 262.15 Ol H dIO'''ri 1 rn G 1�a �U1 T t� c` I� 2477 w � 6 Tll 40 cs) s v` - � y } 0 Z c i �n`r� V m O iTt =u r. ce O Z -S O u � O CR- a �. vP `13 °O r. C) �n / /tom •� - rn c. 1 w y Ol H dIO'''ri 1 rn G 1�a �U1 T t� c` I� 2477 w � 6 Tll 40 cs) s v` - � y } 0 Z c i �n`r� V m O iTt =u r. ce O Z -S O u � O CR- a �. vP `13 °O r. C) �n / /tom •� - rn c. 0 G 1�a �U1 T t� c` I� 2477 w � 6 Tll 40 cs) s v` - � y } 0 Z c i �n`r� V m O iTt =u r. ce O Z -S O u � O CR- a �. vP `13 °O r. C) �n / /tom •� - rn c. O n n ao Zm Za 3� mA ZN � N RUM+ ST. 0 ` N36 °33'W N � u o� n� A — 1u U O N l Se4VV -11sie -a vNOARY PC P r rn o /a iris% s�.� Dro co n� A — 1u U O N l Se4VV -11sie -a vNOARY PC P tL1 N H: co U wz 1 fD Ln 0 j ul F ao L' Li V o J I w m. o OD r LO N M z n o J Q" tL 1 Q L 0 0 D N M I£S09£ N O be saved and should be removed; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 3334 (1977 Series), a resolution designating Heritage Trees, is hereby amended by deleting Heritage Tree No. 4; a California Holly located at 1556 Monterey Street. By revoking the Heritage Tree status, this council hereby consents to the removal of the diseased tree by the owner after obtaining any necessary city permits. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin AYES: Councilman Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and ATTEST: Cit erc Fitzpatrick Approved as to fo City Attorney AG-ktm 8 /22/78 ed this 5th day of September 1978. M Approved as to content: City Administrative Offi DZr, C4 iRESOLUTION NO. 3658 (1978 Series) A RESOLUTION OF THE,'COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 13334 (1977 SERIES) BY DELETING THE"DESIGNATION OF HERITAGE TREE NO. 4. WHEREAS, the Tree Committee has met and considered the condition of Heritage Tree No. 4 as so designated by Resolution No'. 3334; and WHEREAS, it is the opinion of the Tree Committee that said tree cannot be saved and should be removed; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 3334 (1977 Series), a resolution designating Heritage Trees, is hereby amended by deleting Heritage Tree No. 4; a California Holly located at 1556 Monterey Street. By revoking the Heritage Tree status, this council hereby consents to the removal of the diseased tree by the owner after obtaining any necessary city permits. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin AYES: Councilman Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and ATTEST: Cit erc Fitzpatrick Approved as to fo City Attorney AG-ktm 8 /22/78 ed this 5th day of September 1978. M Approved as to content: City Administrative Offi DZr, C4 RESOLUTION NO. 3657 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT NO. 592, THE MEADOWS, AND AUTHORIZING THE EXECUTION OF THE SUBDIVISION AGREEMENT. WHEREAS, in processing Tract 592., the council determines that suitable mitigation measures recommended in the project EIR were incorporated into the project design and imposed-.)as conditions of approval of the tentative tract map and that said mitigation measures will reduce significant adverse environmental effects of the subdivision to an acceptable level; and WHEREAS, the council determines the infeasibility of environmentally superior alternative projects,f-and co-' ilk determines that economic; social; and other conditions make infeasible such project alternatives or other mitigation measures within the meaning of Sections 21002 and 21002.1 of the Public Resources Code; NOW, THEREFORE, 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. 592 as contained in Resolution No. 3255 (1977 Series). SECTION 2. This council now hereby approves the final map of Tract No. 592, The Meadows, 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. SECTION 3. This council hereby requires that the developer record his final map and comply with the surety bonding as called for in the agreement within ninety (90) days of this date. Failure to comply with this requirement renders this approval null and void: On motion of Councilman Petterson, seconded by Councilman - Settle, and on the following roll call vote: R 3657 Resolution No. 31657 (1978 Series) AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: Councilman Jorgensen ABSENT: None the foregoing resolution was passed and adopted this 5th day of September, 1978. ATTEST: C" C H. Fitzpatrick Approved as to form: Approved as to content: City Attorney Allen Grimes City Administrative cer Dept. EVAI THIS AGREEMENT, dated this 11th day of _ September y, 191, by and between Cal Coast Congtrurfin n , 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. 592 The Meadows City of San Luis Obispo, California", as approved by the City Council, on the 5th day of September WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 592 , 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 wth.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 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 approved plans and specifications. 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 $13.950.00 which is based upon the following formula ($150.00 per lot x 93 lots) this fee is in -lieu of parkland dedication. 2. The.developer shall pay to the city the sum of $15,515.00 which is based upon the following formula (14.50 acres x 1070.00 per acre) this is for water acreage fees. 3. The developer shall pay to the city the sum of $2849.35 which is based upon . the following formula ( 569..87 feet of frontage x $5.00" /foot) this is for water frontage fees. 4. The developer shall pay to the city the sum of $1,000.89 which is -based upon the following formual ($3.471698 per person x 3.10 persons per lot x 93 lots) this fee is a sewer connection. 5. The developer shall deposit with the city a cash bond in the amount of $13,000.00 to assure the final monumentation of the subdivision. Said de" posit will be released to the developer upon receipt by the city of a letter from the surveyor indicating he has completed the work and has been paid. 6. Grading permit fees in the amount of $823.70 shall be deposited with and treated as normal subdivision inspection fees. 7. The developer shall deposit with the City a cash bond in the amount of $2,250.00 to assure that condition #227 of Council Resolution 13255 (1977 Series ) is met. 8. lhencitiowill retainr$55,0 0.00,forea landscaping in San Luis Creek. y ping bond, for one year from acceptance of the improvements. 9. All the conditions set forth in the grading agreement shall be made a part of this subdivision.agreement. - *10 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. *10. Developer agrees to underground power lines along his southern boundary. (condition No. 28 Council Resolution No. 3255 - 1977 Series) or contribute to future undergroundiiyg , ��HIF%I1 11�I7 life Subdivider hertvy attaches hereto, and as an in, -gral 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 $ 1,505,312.49 , and which is in the amount of the.estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship -or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. thkl AMUW,60MAI MI kW M&kl AUs W1 l /sWAWWv/oW / dwwe4r�VWMW /W6 /GY1/CfWWW l /l AMI Ukkk/AO /. Said Subdivider shall deposit with the City the sum of $ 45,160.00 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 $ 45,983.70 the difference is to be paid by the City of San Luis Obispo. The City reserves the sole discretion in determining -3- ". the a Illom It s to h(v ],Hirt 1,k) r .1 rN, mid expums&s of s;j i d I I I Spec to r r,i ills pec to I's. Article 9, Chapter I of the San I'll'i S 01) i po Mullicilml Code, entitled "Subdivision" - All plaits and specifications on file iviti I ' said c;itv 1: figincer as .a Bart of said. Subdivision Ninp, and all other documents filer] with the city by tile Subdivider and approved by the City 13,19incer are hereby rcferrcd to For further partiCUlars in interpreting ;111(1 (lCfillillg the ObligatiOIIS OF 010 SLlbLVid01- 1111del, t. this agreement. It is understood and agreed by and between the Patties hereto that this agreement shall bind the heirs, executors, adiiiinistratoi's, successors and assigns of the respective Parties to this agreement. It-is agreed t1vit thc-Subdivider will furnish copies Of the SIICCCS.SFLII bidder's contract un.it prices and total bid pric-cs for all of the improvements herein referred to. IN WITNESS Will:RF01', this agreement has been executed hy: day of Approved is to form 19 day of Vk City c r � 4 - 11 SUbd ividor s7 K_--NNFTH E. SC•WARTZ Wi yo r Attest:S7 J. H. FIT71PATMICT City Clerk EXH181T A!r s� RESOLUTION NO. 3656 (1978 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP 683, LOCATED AT 850 LOS OSOS VALLEY ROAD. 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 683 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; and (2) The design and improvements of the proposed subdivision are consistent with the general plan; and (3) The site is physically suitable for the type of development proposed; and (4) The site is physically suitable for the proposed density of develop -. ment; and (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; and (6) The design of the subdivision or the type of improvements are not likely to cause public health problems; and (7) The design of the subdivison or the type of improvements will not conflict with easements, for access through or use of property within the. proposed subdivision. SECTION 2. That the approval of the tentative map for Tract 683 be subject to.the following conditions .- (l) Sidewalk and street trees are hereby waived along all of the frontage of lot 104.. In lieu of sidewalk, a 10 -foot level area behind the curb shall be provided. (2) Subdivider shall install street trees along all street frontages in a standard street tree easement where needed. (3) A perpetual open space easement shall be granted to the city for the area designated as "lot 104" on the map. The open space easement will be to maintain the area in its natural open space character. The ease - ment shall run with the land and provide the following limitations on use or alterations of the area: R 3656 Resolution No. 3656 (1978 Series). Tentative tract map 683 Page 2 a. No structures will be placed or erected, upon said pre- mises except appurtenances for agricultural uses consis- tent with the open space character and intent of this document. b. No advertising of any kind or nature shall be located on or within said premises. c. Owner shall not plant nor permit to be planted any vege- tation upon said premises except as may be associated with erosion.control or agricultural uses allowed by this easement, consistent with the scenic character of the property. d., Except for the construction of city- approved buildings and roads and the maintenance thereof the general topography of the landscape shall be preserved in its natural condition. e. No extraction of natural resources except for water. f. No removal of natural vegetation except for fire protection or elimination of deceased growth. The easement shall be approved by the City Council and the easement granted to the city as a condition of the final tract map.. (4) Access rights to Los Osos Valley Road from adjoining lots shall be dedicated to the city by way of a one -foot reserve strip to approval of city engineer. One driveway to approval of the City.Engineer shall be allowed to lot 104 and shown on the final map. (5) Subdivider shall install a solid six —foot high masonry wall along Los Osos Valley Road frontage on all lots except lot 104. Location and de- sign shall be to the approval of the community development director. Fence height exception in street —yard setback is hereby granted as neces- sary. Subdivider shall landscape and install irrigation system in area between wall and sidewalk to approval of the.Architectural Review Commis - sion.e (6) Subdivider shall dedicate and improve an additional 17 -feet of right - of -way on Los Osos Valley Road frontage of lot.104. (See condition 1.) (7.).Subdi.vider shall dedicate all the lake and marsh area as shown on tentative map for park /open space.purposes. Said dedication shall meet all subdivision park requirements. (8) Final map shall.note all areas below 1z7''elevation are, "subject to innundation_" (9) Final.map shall note the_l.owest finish floor elevation for any construction shall be' 123' elevation. (10) Subdivider.shall grant the city a flood control and maintenance easement (no boat docks, accessory buildings, etc.) across "all lakeshore lots up to the 127',elev.ation to approval of city engineer. (lots 1 -25.) 01) Final map shall show a minimum 10 -foot, rear -yard setback from 12J' elevation for any building foundations. ,(On lots 1 -25.) Decking may cantilever into setback area.. i Resolution No. 3656 (1978 Series) Tentative tract map 683 Page 3 (12) All lakeshore lots (lots 1 -25) shall be considered sensitive sites and all development proposals shall be subject to Architectural Review Commission approval. Such shall be noted on final map.. (13) Subdivider shall install a fence and landscaping at rear lot line of all lakeshore lots (lots 1 -25) to the approval of the community development director. (14)All lot corners shall be staked by a registered civil engineer or licensed land surveyor to city specifications. (15)All streets shall be dedicated and improved with curb, gutter, side- walk, paving,.street lights and utilities to city standards and approval. Utility easement shall be provided where required. (16)Sewer and water main alignments and grades are subject to approval of final plans by the city engineer and utility engineer. Water mains shall not be ACP as noted on tentative map. Water main in Los Osos Valley Road shall terminate in westerly direction at Diablo Street. (17)Sewer and water charges, including lift station charges, shall be' determined by the city engineer and payable prior to recordation of the final map. (18)Fire hydrant's shown adjacent to lots 26 and 57 shall- be tied into 16 -inch water main on Los Osos Valley Road. Fire hydrant shown adjacent to lot 25 may be limited.. (19)Water mains not serving fire hydrants, such an on cul -de -sac streets, may be six-inch mains with blow -offs at ends_ (20)Subdivider shall prepare and submit a hydrology study for all drainage improvements for this tract for city engineer approval. Improvements shall be designed to accommodate 100 -year design storm. All lots shall drain to a street or to the lake. Storm drains shall be in- stalled in easements to public right -of -ways. (21)Subdivider shall provide a drainage easement to the approval of the city engineer to accommodate storm drain running onto lot 104 from tracts 603,and 608 southwesterly of Los Osos Valley Road: (22)All grading shall be per the city's grading ordinance and city .engineer approval. No grading shall take place on lakeshore lots 1 -25 and lot 104. Such shall be noted on final map. (23)Final map shall show street names Vista Del Tule Court, Vista Del Escuella Court, and Vista Del Vega, as shown on tentative map revised to read: Sonrisa Court, Escuella Court and Vega Way. (24)Subdivider shall install stop signs, street name signs and other traffic contra devices throughout the tract as determined necessary by the city engineer. (25)The total number of lots along the lake shore and open space parcel (lot 104) shall be determined by the City Council at the time of final maps approval based on recommendation of the Community,Development Department with respect to the suitability of buil:ding:.sites for each i ` (1978 Series) Resolution No, 3656. Tentative tract map 683 Page 4 of these lots proposed on tentative map. The determination will be based on more detailed information available.at the final map stage including the precise location of the 127' contour affecting lots 1 -25. (26)City Council hereby grants an exception to grading in the Laguna Lake flood plan authorizing the subdivider to deposit earth fill in the amount of approximately 5300 cubic yards between contours 118 -127 with compensating earth removal to be taken from the Prefumo Creek area of Laguna Lake. On motion of Councilman Dunin , seconded by Councilman Jorgensen, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and a ATTEST: f �_�ii /iii ' Approved as to form: City Attorney cm 9/11/78 this 5th day 7 Approved as to content: September , 1978. City Engine RESOLUTION NO. 3655 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DETERMINING THAT PUBLIC CON- VENIENCE AND NECESSITY REQUIRE CONSTRUCTION OF CERTAIN IMPROVEMENTS. BE IT. RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Pursuant to hearings duly held, the Council of the City of San Luis Obispo hereby finds and determines that the public convenience and necessity require the construction and installation of curbs, gutters, sidewalks and driveway ramp improvements on those portions of streets within the City of San Luis Obispo as set forth on Exhibit 'W' attached hereto and. incorporated herein by reference,.and - determines that the Special Assessment, Investigation, Limitation and Majority Protest Act of 1931 shall not apply to these proceedings. Section 2. The Superintendent of Streets shall proceed with the required notification and.construction as set forth in Section 7350.1(f) of the San Luis Obispo Municipal Code. Section 3. The costs of any sudh work done by the City, after hearings duly held, shall become a lien upon said parcels. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll.call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5th day of September , 1978. ATTEST: Resolution No. 3655 (1978 Series) Approved as to form: Approved at to content: City-Attorney City Admini"strat' a Officer Director of Public Services -,2= EXHIBIT "A" Resolution No. 3655 NOTE: C = Curb & Gutter S = Sidewalk R = Driveway ramp OWNER LOCATION PARCEL NO. IMPROVEMENTS REQUIRED Model Lands Inc. 34 South St. 3- 711 -23 C,S,R, P. Dubin 23 -27 South St. also Brook St. side 47741 -01 C,R(2) J.K. & P.S. Erlandson 180 -190 Brook 4- 741 -08 C,R 'P. Nisperos 178 Brook 4- 741 -07 C T & M Abad 176 Brook 4- 471 -06 C City of S.L.O. 170 Brook 4- 741 -04 C,R St. Luke Baptist Church 160 Brook 4.- 741 -10 C St. Luke Baptist Church 160 Brook 4- 742 -12 C,R R. Hollie 165 Brook 4- 742 -07 C,R W.L. Howse, etal. 171 Brook 4- 742 -06 C,R R.E. Barger - 175 Brook 4- 742 -05 C,R L & R.B. Lenger 179 Brook 4- 742 -04 C,R P.G. Dubin, etal. 179 Brook 4- 742 -in C A. Owens c/o A.M. Dunn 183 Brook 4- 742 -11 C,R J.C. & A.E. Bowers 195 Brook 4- 472 -02 C,R also South St. side P.G. Dubin, etal. 67 South St. 4- 742 -09 C C & J.M. Robertson 67 South St. 4- 742 -01 C,R c/o Standard Motors & Equipment i RESOLUTION NO. 3654 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.LUIS OBISPO AMENDING ENVIRONMENTAL IMPACT PROCEDURES & GUIDELINES AS ADOPTED BY COUNCIL RESOLUTION NO. 3228 (1977 Series). .BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Environmental Impact Procedures & Guidelines adopted by Council Resolution No. 3228 (1977 Series) are hereby amended as indicated by the attached Exhibit "A ". SECTION 2. The Community Development Department shall prepare amended documents for distribution to the public upon request and for the official city file. On motion of Mayor Schwartz -,'seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None .ABSENT: None the foregoing resolution was passed and,adopted this 16th day of August , 1978. AT-TEST: J Ci rc -J. H. Fitzpatrick R 3654 ktm 5/8/78 u o Resolution No. 3654 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLFY City Attorney A By Allen ktm 5/8/78 (1978 Series) Approved as to content: C' A ministrative - Officer " Community Dev_lopme Department 4 g. Require the various departments of the City to develop - s tandards.and procedures necessary to protect environ- . mental quality. h. Not to or or undertake any project which wiZZ cause unless it t there is no 3. Adoption. The City Council hereby adopts this document en- titled Environmental Impact Procedures and Guidelines ".as - the procedural guide for implementing the provisions of Division 6, Title 14, Sections 15000 - 15166, of the California Administra- tive Code. B. Purpose. The purpose of these guidelines is to provide the City and anyone intending to carry out a project within the City with objectives, criteria, and procedures to be used in the implementa- tion of the California Environmental Quality Act of 1970, as amended. SECTION II. Projects Which Are Exempted From Environmental Consideration A. Emergency Projects. The following emergency projects are exempt from the requirements of CEQA and these guidelines, and environmental doc- uments are not required. 1. Projects undertaken, carried out or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (com- mencing with Section 8550) of Division 1, Title 2 of the ,Government Code. 2. Emergency repairs to public service facilities necessary to maintain service. 3. Projects undertaken as specific action necessary to prevent or mitigate an emergency. B. Ministerial Projects. Ministerial projects are exempt from the requirements of CEQA and these guidelines, and environmental docu- ments are not required. The Department of Community Development shall determine which projects are ministerial on a case by case basis. It is anticipated that the following actions will, in most cases, be ministerial in nature. 1. Issuance of building permits for projects which have previously been reviewed as to whether or not an Environmental Impact Report shall be required. 2. Issuance of business licenses. 3. Issuance of home occupation permits. 4. Approval of final subdivision maps provided a determination has been made as to whether of not the preceding tentative map requires an Environmental Impact Report. -2- or carry out the project, it may file a Notice of Exemption with the City and County Clerk. _A Notice of Exemption will generally not be filed unless requested by the applicant. 4. Discretionary Project. If a project is determined not to be exempt from the requirements of CEQA under - Section III.A.I. and III ".A.2. of these Guidelines, the project is discretionary and an Initial Study must be prepared by the Department of Com- munity Development to submit to the Environmental Review Com- mittee for determination whether the project may have a signi- ficant "effect on the environment. Zication. It shall be the to ilitu of each GnLJ Lu_- aebermZne wneuner Lne project may nave a ssgnir-&cant effect on 1. The Community Development Department shall evaluate annZicatio for environmental review 'to' determine the accuracy, completene and sufficiency of the information furnished. 2.' Time•Zimits for processing will be counted from the time the a tion is accepted complete. l3. C. Determining Significant Effect. In making a determination regarding the status of a project, the Environmental Review Committee shall evaluate the impact of the project on the environment using the Initial Study and taking CEQA and State Guidelines into account. 1. The determination of whether a project may have a signifi- cant effect on the environment calls for careful judgement on the part of the Environmental Review Committee based to the fullest extent possible on scientific and factual data. An ironclad definition of significant effect is not possible because the significance of an• activity may vary with the setting. There may be a difference of opinion on whether a particular effect should be considered adverse or benefi- cial, but where there is, or anticipated to be a substantial body of opinion that considers or, will consider the effect to be adverse, the Department of Community Development shall prepare an EIR to explore the environmental effects involved. All responsible agencies will be consulted in making this determination. 2. A project will normally have a significant effect on the environ- ment if it will: a. Conflict with adopted environmental plans and goals of the community where it is located; b. Have a substantial, demonstrable negative aesthetic effect; c. Substantially affect a rare or endan9ered species of animal or plant or the habitat of the species; 01 Zica- r d. Interfere substantially with the movement of any resident or migratory fish or wildlife species; e. Breach published national, state, or local standards relating to solid waste or litter control; f. Substantially degrade water quality; g. Contaminate a public water supply; h. Substantially degrade or deplete ground water resources; i. Interfere substantially with ground water recharge; 9A j. Disrupt or alter an archaeological site over 200 years old an historic site or a paleontological site except as part of a scientific study of the site; k. Induce substantial growth or concentration of population; 1. Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system; m. Displace a large..number of people; n. Encourage activities which result in the use of large amounts of fuel, water, or energy; o. Use fuel, water, or energy in a wasteful manner; p. Increase substantially the ambient noise levels for adjoin- ing areas; q. Cause substantial flooding, erosion or siltation; r• Expose people or structures to major geologic hazards; s. Extend a sewer trunk line with capacity to serve new development; t. Substantially diminish habitat for fish, wildlife or plants; u. Disrupt or divide the physical arrangement of an established community; v. Create a public health hazard or a potential public health hazard; w. Conflict with established recreational, educational, religious or scientific uses of the area; x. Violate any ambient air quality standard, contribute substan- tially to an existing or projected air quality violation or expose sensitive receptors to substantial pollutant concentrations; y. Involves substantial acreage; is adjacent to or affects an area of special or unique importance such as a park, public reserve or wildlife refuge; or a creek or scenic highway; or any other area of special concern or treatment; or where the operation, if approved is likely to be a highly controversial one, environ- mentally. 3. In evaluating the significance of the environmental effect of a project, the Environmental Review Committee shall consider both primary and secondary consequences. Primary consequences are immediately related to the project (the construction of a new treatment plant may facilitate population growth in a particular area), while secondary consequences are related more to primary consequences than to the project itself (an impact upon the resource base, including land, air, water and energy use of the area in question . may result from the population growth). -10- d. The en:,_,.onmental effects of a project w�l cause substantial adverse effects on human beings, either directly or indirectly. C. Determination of Project Impact 1. No Significant Impact. Where the ERC determines that a project is revised in response to an initial study so that potential adverse effects are mitigated to a point where no significant environmental effect would occur., a negative declaration shall be prepared instead of an EIR. If the Environmental Review Committee determines that a project not otherwise exempt would not have a significant effect on the environment, a Negative.Declaration shall be completed and dis- tributed as follows: a. A copy shall be mailed to the project applicant. b. A copy shall be mailed to all directly responsible agencies. c. A copy shall be published in a local newspaper of general circulation at least once during a ten (10) day period from the date of determination. If after ten (10) days from date of publication no appeal has been filed; as described in Section IV.C. of these guidelines, the Negative Declaration shall be considered final and processing of applicable project permits and approvals may proceed. d, After the Negative Declaration is final and the City acts to approve a project, the Department of Community Development shall file a Notice of Determination (Appendix D) and a copy . of the Negative Declaration with the City and.County.Clerk. If the project requires discretionary approvals from a State agency, the Notice of Determination shall also be filed with the Secretary for Resources. The filing of the Notice of Determination with the Secretary for Resources or the County - - - Clerk starts a 30 day statute of limitations. —on .court chal- lenges to the approval under CEQA. e. The decision - making body shaZZ review any determination of the ERC to rant a ro�7ect a ne atzve decZ— ion, and. �Gerse or mo sfy such determination. 2. May Have Significant Impact. If the Environmental Review Committee determines that a proposed project may have a significant effect on the - environment; no permit or other entitlement shall be issued until an Environmental Impact Report (EIR) has been prepared by the Department of Community Development and said EIR has been certified by the Planning Commission. The EIR shall emphasize study of the impacts determined to be significant and can omit .further examination. of those impacts found to be clearly insig- nificant in the initial study. (Reference - V.C.5) a. _Any person may appeal the decision of the Environmental Review Committee that an EIR is required, as described in Section IV.B of these Guidelines. If after (10) days no appeal has'been filed, the determination shall be considered final. b. If an appeal is filed, a notice of the appeal shall be published in a local newspaper of general circulation at least once within a ten (10) day period from the date appeal is filed. -12- If any aspects of the project, either individually or cumula- tively, may cause a significant effect on the environment, regardless of whether the dverall effect of the project is adverse or beneficial, then an EIR must be prepared. D. Environmental Impact Report Process. When the Environmental Review Com- mittee determines an EIR is required the following occurs: 1. Notification. The Department of Community Development shall notify the applicant in writing that an EIR is required. 2. Who Prepares EIR. The EIR shall be prepared directly by, or under contract to, the City of San Luis Obispo.* However, the Department of Community Development may require the applicant to supply data and information, both to determine whether the project may have a signifi- cant effect on the environment, and to assist in the preparation of an EIR. This information may be submitted in the form of a rough draft EIR if the Community Development Department desires. If information .is provided in the form of a rough draft EIR, the Department of Com- munity Development may not use the document as its own without inde- pendent evaluation and analysis. Any person may submit information to the Community Development Department to assist in the preparation of an EIR. Such information may be submitted in an acceptable format and may be included in whole or in part in any such EIR if the Com- munity Development Department subjects the information at its own independent evaluation and analysis. The applicant is responsible for all reasonable costs incurred in developing the EIR. The City is responsible for the accuracy and reliability of the EIR. * (Reference Appendix J for the procedures for consultant prepara- tion of an EIR.) 3. Contract and Fees Required. The Department of Community Development shall-submit to the applicant a contract stating who will prepare the EIR, maximum cost and time period required. The cost and time period required will be based upon the degree of specificity determined by the Environmental Review Committee. Additional fees beyond the contract amount may be required if requested by the Planning Commission before the EIR is certified. Upon deposit of all fees with -the City by the applicant the preparation of the EIR will proceed. 4,. Early Consultation. Before pre__pparzn__g� a draft EIR the.City shaZZ con - cult directly with al) responsible agencies by sending a Notice of Preparation by certified maiZ. (See Notice of Preparation, Ape ix K.) The Ctty should a so consu t with any person or organization it believes will a concerned wi a environmental effects of the project. 13 5. Draft EIR Acceptable. The Environmental Review shall review the draft EIR as to completeness, adequacy, and content. The Environ- mental Review Committee shall be solely responsible for determining if a draft EIR is acceptable for distribution. 6. Filing Notice of Com letion. As soon as the Draft EIR is completed and acceptable for distribution the Department of Community Develop- ment shall mail a copy to the applicant and file a Notice of Comple- tion (Appendix C) with the Secretary for the Resources Agency and the City Clerk. When the EIR will be reviewed through the State review process, the cover form required by the State Clearinghouse will serve as the Notice of Completion, and no Notice of Completion need be sent. 7. Draft EIR Review - Public. The Draft EIR shall be made available to the public for review. The Department of Community Development shall publish a copy of the Notice of Completion in a newspaper of general circulation and shall file and Draft EIR with the City- County Public Library. Public notice of completion of a draft EIR shall be made at the same time as the Notice of Completion is sent to the Resources Agency. Notice shall also be given to all organizations and indivi- duals who have previously .requested such notice. Members of the general public requesting a copy of the Draft EIR or any other environ- mental document, may be charged a reasonable fee, not to exceed the actual cost of reproducing a copy. 8. Draft EIR Review - Public Agencies. The Department of Community Develop- ment shall consult with and obtain written comments from all public agencies having jurisdiction by law with respect to the project and with any person or organization known to have special expertise with respect to any environmental impact involved. 9. Draft EIR - Public Comments. A period of not less than thirty (30) days nor longer than ninety 90) days from the publication of the Notice of Completion shall be allowed for comments to be received from interes- ted agencies, organizations, and persons. If the draft EIR is required by state agencies, the review period shall be at least 45 days unless a shorter period is approved by the State Clearinghouse. 10. 11. Final EIR. After the completion of a Draft EIR, Community Development shall prepare and submit to mission and City Council a final EIR, as noted in these Guidelines. ZZ be reviewed the Department of the Planning Com- Section V.E of at a N All final EIR's or acc other taiy's. 14 j EIR 's for all `'or aZZ projects Z2. Determination to Approve Project. The city may approve a project for which an EIR has been pre- pared if it is found that the project will not have any signi- ficant effects. The city shall not approve or carry out a project for which an environmental impact report has been completed which identifie, one or more significant effects of the project unZess the city makesr;one� or more of the foZZowing written findings for each o those significant effects accompanie d by a statement of the facts supporting each finding. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the city, and such than es have been ado ted by the other agency or can and should be adoT ted by the other agency. T is finding shall not be made if the city has concurrent Jurisdiction with another measures or alternatives. - Specific economic, social or other considerations make in- feasible the mitigation measures or project aZternatives identified in the final EIR. The findings required by this subsection shaZZ be supported_by substan- tiaZ evidence in the record. Z3.. Notice of Determination. After the City approves the project for which an EIR has been prepared, the Department of Community Develop- ment shall file a Notice of Determination (appendix D) with the City and County Clerk. If the project requires discretionary approval from a State agency, the Notice of Determination shall also be filed with the Secretary for Resources. The filing of the Notice ',of Determination starts a 30 day statute-of limitations on court ,challenges of the approval under CEQA. The Notice of Determination 'shall include the following - a. An identification of the project by its common name where possible; b. The decision of the City to approve or carry out the project; C. A determination of the City whether the project in its approved form will have a significant effect on the environment; 1.5 d. A brief statement of the mitigation measures which were adopted by the City to reduce the impacts of the approved project; and e. A statement that an EIR was prepared pursuant to the provisions of CEQA and, was certified as required by Section III D.10.a. of these guidelines. E. Public Hearings. All public hearings shall be conducted according to the provisions for public hearings as set forth in the Zoning Ordinance for Zoning Ordinance Amendments. F. Projects Requiring More than One Permit or Entitlement. Where a General Plan change, conditional use permit, zoning change, variance, subdivision or other form of approval or authorization is required in addition to a _building permit before a project may be initiated or completed, procedures for determining environmental impact shall be conducted simultaneously or prior to such granting of the above listed entitlements. 15 A G. Cost of Processing and Publishinq Environmental Documents. The schedule o fees and costs snail be as set forth by City Council Resolution. H.. Time Limits. EnvironmentaZ impact review actions by the city shaZZ COM72TU W t t 2 fn _ _n7e2nn to mo �o mn }n . 1. The decision whether to fiZe a negative declaration or re u an EIR shaZZ be made within 45 da s of the date an app icat is accepted as complete. 2. A negative declaration shaZZ be com Zeted within Z05 da s o the to an appLzcatton is accepted as complete. 3. An environmentaZ impact report shaZZ be completed and certi in not more than one year from th—e—date an ap Zication is accepted as complete_ 4.. These time periods may be extended if compellinq circumstances justify additiona6 time and the project applicant requests or consents to the extension. Extensions must be a72proved by the reviewing or certifuiin h/)/77J I. Other Actions Not Precluded. Nothing in these guidelines shall preclude the City from taking such other action in respect to the approval, conditional approval, denial or revocation of building permits or other permits as is deemed necessary by the City Council to obtain full compliance with the requirements of CEQA or State Guidelines. SECTION IV. APPEAL PROCEDURES. A. Exemption Decision of Department of Community Development. (a) Any person may appeal the decision of the Department of Community Development whether a project is exempt or nonexempt. Appeals shall be made to the Environmental Review Committee. The appeal shall be in writing and filed with the Director of Community Development no later than the thirtieth (30th) day following the date upon which Notice of Exemption was filed by the Department of Commu- nity Development. (b) The decision of the Environmental Review Committee may be appealed to the Planning Commission. The appeal shall be in writing . and filed with the Director of Community Development no later than the tenth (10th) day following Environmental Review Committee action. B. Decision of Environmental Review Committee. Any person may appeal the decision of the Env ironmenta Review ommittee that a project requires either a negative declaration or an Environmental Impact Report. Appeals shall be made to the Planning Commission. The appeal shall be in writing and filed with the Director of Community Development no later than the tenth (10th) day following: (1) the date of publication of the negative declara- tion or; (2) mailing of written notice to the.applicant that an EIR is required. 16 C. Decision of Planning Commission. Any appeal from decisions of the Planning Commission shall be made to the City.Council. The appeal shall be in writing and filed with the City Clerk no later than the tenth (10th) day following Planning Commission action. The City Council shall schedule a public hearing on the appeal. A notice of hearing to consider any appeal shall be publicly advertised not less.than ten (10) days prior to the.date of subject Council hearing. Both the applicant and the appellant shall also be notified within ten (10) days of Council consideration of the appeal. The Council shall take action by either denying or upholding the appeal, which shall require revision or reconsideration of the project initial study or EIR by the Environmental Review Committee. Until an appeal is resolved, the project processing shall be suspended, and no further or final action by the Planning Commission or City Council shall be rendered. Only after a final decision on an appeal is resolved should the Council take action on the project itself, by approving, conditionally approving, or denying the issuance of the permit or other entitlement necessary for the undertaking of the proposed project. 16 A SECTION VI. ENFORCEMENT A. Permits. Issuance of permits for any part of a proposed Discretionary Project.shall be withheld until environmental documents have been ap- proved as required by these guidelines. All departments, officers, and public employees of the City vested with the duty or authority to issue permits, certificates or licenses shall issue no permit certificate or license for uses, buildings or purposes in conflict with the provisions of these guidelines, and any such permits, cer- tificate or license issued in conflict with the provisions of these guidelines shall be null and void. B. Construction. The site or location of a proposed Discretionary Project shall not be..physically altered by the owner or his agents until the environmental documents for the project have been approved and posted in the manner required herein and until all applicable permits have been issued. C. Public Nuisance. Any construction or physical alteration of the site of the proposed Discretionary Project contrary to the provisions of these guidelines shall be, and the same is hereby declared to be, a public nuisance and shall be subject to abatement as such. 24 n Notice of Completion. Notice of Completion shall mean a brief notice filed with the Secretary for Resources by the Department of Community Development as soon as it has completed a Draft EIR and is prepared to send out copies for review. The form of this notice is contained in Appendix C. Notice of Determination. Notice of Determination shall mean a brief notice to be filed with the County Clerk by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. The form of this notice is contained in Appendix D. Notice of Exemption. Notice of Exemption shall mean a brief notice by the Depart- ment of Community Development when it has approved or determined to carry out a project and it has determined that.the project is Ministerial, Categorically Exempt, or an emergency project. The form of this notice if contained in Appendix Notice of Preparation. Notice of P to notify responsible agencies that Z. The notice of preparation shall 0 0 a. Description of the project; b. Location of the project; and shall mean the document used e prepared on a project. the responsible aaencies with C c. Probable environmentaZ effects of the project Person. Person shall mean any person, firm, association, organization, partnership, business, trust, corporation, company, district, county; city and county, city, town, the State, and any of the agencies' political subdivisions of such entities. Project. Project means the whole of an action which has a potential for physical change in the environment, directly or ultimately, that is any of the following. (The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate governmental approval.) (a) An activity directly undertaken by any public agency, including but not limited to, public works construction and related activities, clearing or grading of land, improvements to existing public structures, enactment and amendment of zoning ordinances, annexations, and the adoption and amendment of local Specific Plans, General Plans or Elements thereof. (b) An activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (c) An activity involving the issuance to a person of a lease„ permit, licence, certificate or other entitlement for use by one or more public agencies. 27 r. Project does not include - (a) Anything specifically exempted -by State Law. i (b) Proposals for legislation to be enacted by the State Legislature other than requests by State agencies for authorization of funding for projects indepen- dently from the Budget Act. (c) Continuing administrative or maintenance activities, such as purchases for supplies, personnel - related actions, emergency repairs . to public service facilities, general policy and procedure making (except as they are applied to specific instances covered above), feasibility or planning studies. (d) The submittal of proposals to a vote of the people of the state or of a particular community. The term "project" refers to the underlying activity and not to the governmental approval process. 27 A i Public Agency. Public Agency shall mean and any local or regional agency. It does This term does not include agencies of the Responsible Aaencu. Responsible Aaencu me any State agency,.board or commission not include the courts of the State. Federal Government." ans a public aaencu which vro- poses to carry out or approve a project for which a Lead Agency has pre• Pared the environmental documents. For the purposes of CEQA, the term °responsiDte agency" znctudes att puDbsc agencies other than the teaa aaencu which have discretionaru aporovaZ power over the project. A local agency functioning as a Responsible Agency shall have a responsibility for considering significant effects of those activities, which it is required by law to carry out or approve that are involved in a project for which a Lead Agency has prepared an EIR. Significant Effect. Significant effect on the environment means a substantial, or potentially substantial adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic and aesthetic significance. State Guidelines for Implementation of CEQA. State Guidelines for implementation of CEQA shall mean the action of the Secretary for Resources which provides local governments with principles, objectives, criteria, and definitions of State -wide application for the implementation of CEQA. No portion of the City's environmental evaluation process shall be contrary to CEQA or State Guidelines. 99 APPENtIX 1. NOTICE•OP PRFPARATION' TO: FROM. esponsib.le Agency) (T.,ead agency (Address) (address SUBJECT: Notice of Preparation of a Draft Environmental Impact Report will be the Lead Agency and will prepare ail envircnmental'impact report for the project identified below. we need to know the viers of your agency as to the scope and content of the.environmental information which is germaine to your agency's statutory.responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit,or other approval for the project. The project description, location, and the probable environmental effects a.re contained in the attached materials. A copy of the Initial study. is, [] is not, attached. Due to the time limits mandated by State. law,. your response must be sent at the earliest possible date but not later than 45'days after receipt of this notice. Please send your response to _ ? at the address shown above. We will need the name for a contact person in your.agency. ' PROJECT TITLE: PROJECT. APPLICANT, IF ANY: Date Signature Titie Telephone I Reference- Cal.iro rnia Administrative Code, Title 1.4, Sections 15035.7, 15051.3, 150( *)C) RESOLUTION No. 3653. , (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY.OF SAN LUIS OBISPO APPROVING. AN AGREEMENT BETWEEN THE CITY AND COUNTY=WIDE FIRE PROTECTION AGENCftS`FOR"MU.TUAL--AID'-' IN FIRE FIGHTING. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain'aggreement, attached hereto marked Exhibit"'A" and.incorporated herein by reference, between the City of San Luis Obispo and various county-wide fire protection agencies for mutual aid in fire fighting is hereby approved and the Mayor.is authorized to execute the same. SECTION 2. The City Clerk shall furnish. a copy of this resolution and a copy of the executed agreement approved by it to: City Fire Department, other agencies as appropriate. On motion of Councilman Settle seconded by Councilman bunin and on the following ro.11, cal.l.vote: AYES: Councilmen Duninj Jorgensen, Petterson, Settle and May0r Schwartz NOES: None ABSENT: Note the foregoing Resolution was passed and adopted this _15th- day of August 1978. ATTEST: J.R. Fitzpatrick R 3653 o Approved as to form: Approved as to content: 1 Allen Grimes, City Attorney City Adminstrative Ofxlcer Fire Chief SAN LUIS OBISPO "COUNTY =WIDE FIRE PROTECTION AND FIRE FIGHTING MUTUAL AID AGREEMENT THIS AGREEMENT is made and entered into by and between the various Fire Departments, Fire Districts, and Fire Agencies within the County of San Luis Obispo. WHEREAS, Health and Safety Code Section 13050 authorizes the use of the .apparatus, equipment and fire figh.t.in.g force of any public entity outside the ;j- uri.sdictional limits of that public entity for the purpose of providing fire protection or fire fighting services; and - WHEREAS, Government Code Section 55632 authorizes the legis- l.ative body of any local a9ency to contract with any other local Agency for the-furnishing of fire protection to such other local agency; and WHEREAS, it is desirable that each of the parties hereto should voluntarily aid.and assist each other in the event that a local peril; local emergency or local di, slaster should occur that i.s of such proportions that it cannot be adequately handled by an individual Department, District, or Agency; and WHEREAS, it is necessary and desirable that a cooperative agreement.be executed for the interchange of such mutual aid on a local and county -wide basis. NOW, THEREFORE,' it is hereby agreed by and between each of the parties hereto, as follows: I. To furnish fire protection personnel, equipment, mate. riAls and supplies, and to render such fire protection services to each other as necessary to suppress fires of a magnitude that M have developed, or appear likely to develop, which are emergencies beyond the control of a single party and adjacent mutual aid and which therefore requires the combined forces of the parties he.reto. 2. Such mutual aid shall be provided within the limits of the County of San Luis Obispo as predetermined and set forth in Attachment "A," provided, however, that none of the parties hereto shall be required to respond to a request for mutual aid if such response would deplete its own fire protection resources, person - nel, service and facilities to the detriment of its normal fire protection responsibilities. 3. No response to a mutual aid request provided for in this Agreement will be made by the parties hereto unless such request is received through the established communications channels common to each party and made by a responsible fire official of the party requesting aid. 4. That any mutual aid provided under this Agreement is made with the express understanding that the responsible local fire official (in whose jurisdiction an incident requiring mutual aid has occurred) shall remain. in charge at such incident including the direction of the personnel and equipment provided him through the operation of this mutual aid agreement.. 5. The assurance of mutual aid set forth in this Agreement shall constitute the sole consideration for the performance of extra territorial fire protection services agreed to herein during the first 24 -hour period of service and neither party shall be obligated to reimburse the other on account of any action taken or aid rendered hereunder or for any use of material, damage to -2- equipment, or.liability incurred which may occur in the course of rendering the fire fighting assistance herein provided for during that 24 -hour period. 6. There shall be no reimbursement to the responding juris- d'ictions for services provided which are less than 24 hours in duration. Reimbursement may begin with the 25th hour after the responding mutual aid equipment and personnel leaves its .assigned base on i'.nitial dispatch to attend the incident, and.shall end when.said equipment and personnel are .returned to the assigned base (or such other location a.s the responsible custodian may designate). Such reimbursement shall be for: the reasonable value of the use of, and repairs and depreciation on, apparatus and equipment, and other expenses reasonably incurred in furnishing fire fighting services including, but not limited to, salary costs. Claims for reimbursement shall be presented as set forth in Health and Safety Code Section 13052. 7. Government Code Sections 50925L.-et seq. (Extra - territorial Activities of Firemen) are incorporated into this Agreement and shall apply in all cases of mutual aid. 8. Unless the parties.hereto otherwise expressly agree., each entity is financially responsible only for the torts of its own personnel as provided for by Government Code Section 850.6. 9. Termination of participation.in this Agreement may be .effected by any party hereto by giving to the other parties fifteen (15) days notice in writing of such termination. -3- Dated: U n bated:__ c I P Dated: Dated: Dated: Dated: Jj,,Z /2 19 AF Datod:L� -ct Dated: August 16, 1978 Dated: Dated:-- Dated: Dated: Dated: Dated: Dated: Dated: Dated: C airman, Board of Supervisors - for County Fire Department and South Bay ayor- es MAJ RONALD W. CROSS, Cdr; Camp San Luis Obispo it _ finis ra or; Morro -Bay - sl- KENINETH E. SCHWARTZ Mayor Kenneth E. Schwartz, City of an. uis Obispo -4= Mutual Aid Agreement Fire Protection Agencies Approved as to form: Allen Grimes, City Attorney ktm Approved as to content: csgh�x City Administratv fficer Fire Chief 8/3/78 N, follows: RESOLUTION NO.3652(1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CORRECTING AND AMENDING RESOLUTION NO. 3596 WHICH APPROVED 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 Resolution No. 3596 (1978 Series) is hereby corrected and amended by the insertion of a new Section 2 therein so as to read 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 authorized to execute the same. SECTION 2. Approval of this Agreement by the City Council is not to be construed to infer that the Council has thereby relinquished any of its obligation or authority to pursue in a normal manner the solution of any other as yet unresolved problems related to this property development including, but not restricted to such matters as lot- split, parking or street abandonment. SECTION 3. 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. R 3652 I i RESOLUTION NO. 3652 On motion of Councilman Settle , seconded by Councilman nnnin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of A,,_, 1978. ATTEST: Approved as to form: City Attorney Allen Grimes Approved as to content: City Administrative ON eer RESOLUTION NO. 3651 (1978 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 78 -155, LOCATED AT 221 MADONNA ROAD. 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 -155 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 C -R zone. (3) The design is not likely to cause substantial environmental damage, or cause serious public health problems. (4) The design of the proposed subdivision will not conflict with public easements for access through, or use of, property within the proposed subdivision. (B) That the approval of the tentative map for Minor Subdivision 78 -155 be subject to the following conditions: (1) All new lot corners shall be staked by a registered civil engineer or licensed surveyor. (2) Subdivider shall dedicate an easement for drainage and maintenance purposes over existing underground drainage channel on Parcel 1. Easement shall be to the satisfaction of the City Engineer and shall be shown on final map. (3) Parcels 1 and 2 are within a flood hazard zone as noted by Army Corp of Engineer Flood Maps. Final map shall note all areas subject to inundation during a 100 -year design storm and contain a note that all new building finish floor elevations shall be set at least one foot above the 100 -year storm elevation. (4) Final map shall show a one -foot reserve strip dedicated to the city across entire Madonna Road frontage of all parcels. Existing two driveways and one 12 -foot exit driveway for parcel 4 shall be excepted. Applicant shall install curb median in Madonna Road to the satisfaction of the City Engineer to preclude left turns to and from parcel 4. Engineering to be provided by the City. (5) Subdivider shall dedicate additional 20 -feet of property across entire Madonna Road frontage of all parcels to the city for future street widening. New frontage improvements are not required. (6) Final map shall show or note all easements on all parcels including perpetual easements for ingress, egress, parking, pedestrian ways, utilities, drainage facilities, lighting and landscaping between parcels 2, 3 and 4 and common area of parcel 1. Easements shall be to the approval of the City Engineer. (7) Final Map shall note area of Parcel 1. (8) Applicant shall permit City modification of the main entry driveway to construct a street type entry. R 3651 RESOLUTION NO. 365T On motion of _`< -L rSayor Schwartz seconded by Councilman Settle and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None The.foregoing Resolution was passed and adop ATTEST: ,;poor- lts-r< J H. Fitzpatrick Approved as to form: Allen Grimes, City Attorney drs 8/7/78 f this 15th day of August ,1978. Approved as to content: City Administrative ficer A A 1A X*Q- Community Deve opment Department By Dan Smith, Senior Planner lllae'I City nginee RESOLUTION NO. 3650 (1978 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING REZONING REQUEST OF PROPERTY AT 1426 AND 1426 1/2 BROAD STREET FROM R -2 TO PO. WHEREAS, the property owner requested rezoning of a single parcel of property from R -2 (Residential) to PO (Professional Office): and WHEREAS, the Planning Commission at a public hearing held May 3, 1978, passed a resolution denying the change of zone with the following findings: (1) It woul:d tend to erode the neighborhood quality along Broad Street (and perhaps Garden in the future). (2) It would bring the office boundary right to the lots fronting on Buchon Street (an area clearly shown on the plan to be.protected). (3) It would create a longer irregular boundary with more area for use conflicts. (4) It would remove more dwelling units from the housing stock when a sufficient trade off for office space has already been made elsewhere in the community in areas now zoned professional office but occupied by houses; and WHEREAS, the applicant appealed the decision of the Planning Commission to the City Council; and WHEREAS, the City Council held a public hearing on the matter, taking testimony for and against the rezoning; and WHEREAS, the City Council finds the proposed rezoning would be inappropriate for the area by allowing office use in a neighborhood of,historically significant structures being improved as residences for families; R 3650 a _7 RESOLUTION NO. 3650 (1978 SERIES) Page 2 NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisoo that the zone change for 1426 and 1426 1/2 Broad Street, from R -2 residential to P.O. professional office`,is hereby denied. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Petterson,.Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen the foregoing resolution was passed and adopted this 15thday of August 1978. ATTEST: i Fitzpatricc Approved as to form: City Attorney, Allen Grimes Approved as to content: By Dan Smith, Senior Planner