HomeMy WebLinkAbout3850-3899RESOLUTION N0.3899 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT:
MUNICIPAL PARKING LOTS IMPROVEMENT
CITY PLAN NO.:
C -30
ESTIMATE:
$4,647.30
BUDGET ACCOUNT:
51- 6863 -000
BIDDER:
Clean Sweep
BID AMOUNT:
$7,396.40
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond seconded by Mayor Cooper
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and
1979.
.ATTEST:
Approved as to form: Approved as to content:
City Attorney George Thacher City ministrati ficer Leland Walton
R 3899
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RESOLUTION NO. 3898(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the,bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: SINSHEIMER PARKING LOT BIDS CITY PLAN NO.: C -22
ESTIMATE: $30,250,00 BUDGET ACCOUNT: 40- 5762 -748
BIDDER: Hi -Way Contractors Inc. BID AMOUNT: $35,542.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilwoman_Billig seconded by Councilman Bond ,
and on the following roll call Vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and
1979,
ATTEST:
.H. Fitzpatrick
ed this 3rd day of July ,
Approved as to form: Approved as to content:
City Attorney George Thacher Cit Administrative Officer Leland-Walton
Funds Available:
in R.0 Muravez R 3898
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RESOLUTION NO. 3897 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO ACCEPT
COVENANTS FOR IMPROVEMENTS WITHIN CITY RIGHTS -OF -WAY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby authorizes the Community Development
Director to accept covenants allowing construction of temporary improvements
(form agreement attached hereto) on behalf of the City of San Luis Obispo, as
may be necessary from time to time.
On motion of Councilman Bond
and on the following roll call vote:
seconded by Councilman Dunin. ,
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and ad
July , 1979.
ATTEST:
Cit rCJ.H. Fitzpatrick
Approved as to form:
/QV'"
City Attorney
Approved as to content:
ity ministrative Officer
Community evelop en Director
''City Engineer
R 3897
AGREEMENT AFFECTING REAL PROPERTY
PERMIT FOR TEMPORARY ERECTION OF IMPROVEMENTS.WITHIN THE
PUBLIC RIGHT -OF -WAY
FOR AND IN CONSIDERATION of.the issuance of this revocable permit to
erect improvements temporarily within the public right -of -way, said improve-
ments consisting of:
the undersigned owners of the real property hereinafter described, hereby cov-
enant with the City of San Luis Obispo to remove said improvements without
cost to said City-upon thirty (30) days written notice, which may be given by
the City at any time at its sole option and discretion..
If the owner does not remove the encroachment authorized herein when re-
quested by the City, City may proceed to require removal under its nuisance
abatement ordinance and to assess the cost of said removal against the real
property described herein.
Said property is located in the City of San Luis Obispo, County of San
Luis Obispo, State of California, and is described as follows:
This covenant shall run with the land and shall be binding upon the under-
signed owners, their heirs, executors, administrators, and assigns.
DATED this
STATE OF CALIFORNIA_ )
) ss
COUNTY OF SAN LUIS OBISPO)
day of
Owner
rtgagee
On before me, the undersigned, a Notary Public
in and for said.County and State, personally appeared
known to me to be the persons who executed the
within instrument, and acknowledged to me that
executed the same.
WITNESS my hand and official Seal.
(If this document is executed by a Corporation, appropriate notary acknowledgment
is required.)
follows:
U �
RESOLUTION NO. 3896 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
H. DIETER HEINZ, FOR CONSULTING CHEMIST SERVICES
THROUGH JUNE 30, 1980.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. That certain agreement, attached hereto marked Exhibit
"A" and incorporated herein by reference, between the City of San Luis Obispo
and H. Dieter Heinz, for consulting chemist services through June 30, 1980,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: H. Dieter Heinz,
the Director of Public Services, the Director of Finance and the Director
of Personnel.
On motion of Councilman Bond , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 3rd day of July ,
1979.
ATTEST:
City erc . Fitzpatrick
R 3896
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Approved as to form: Approved as to content:
City Adm istrative Officer
i
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Director of Public Services
Director, nance
Personnel Drecto-
AGREEMENT FOR.PERSONAL SERVICES.
THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, a
chartered municipal corporation (hereinafter referred.to as "City "), and
H._ DIETER HEINZ, an independent contractor providing consulting chemist
services (hereinafter referred to as "Chemist ").
WITNESSETH:
WHEREAS, H. Dieter Heinz is a qualified chemist capable of analyzing
and monitoring the City's domestic water supply; and
WHEREAS, the City desires to employ him as an independent contractor
to provide certain services not currently performed in detail by City em-
ployees or available ::ithift City services;
NOW, THEREFORE, City and Chemist for an in consideration of the
mutual benefits, agreements and promises set forth herein, agree as follows:
1. Beginning July 1, 1979, Chemist agrees to provide services to
the City in accordance with the scope of work outlined in Exhibit "A "attached
hereto and thereby incorporated herein. Said services shall continue through
June 30, 1980, providing, however, that either party may terminate this Agree-
ment by two weeks written notice to the other party. The general duties to
be performed by said Chemist shall be at the direction of the Director of
Public Services
2. Notwithstanding any other representations, oral or written, be-
tween the parties;` including any and all agents or representatives thereof,
Chemist, at all times covered by the terms of this Agreement, is acting as
a free and independent contractor, and not as an employee of the City.
Any and all supervision and direction by the Director of Public -
Services shall be only that necessary to provide broad general outlines,.
and Chemist is to use his own initiative and discretion in performing the
details of his.work, provided, however, that Chemist may consult with Public
Services staff as he desires.
3. .City agrees to provide laboratory space and supplies necessary
for performance under. this Agreement, subject to purchase authorization by
the City.
4. City agrees to pay Chemist the sum of $1,106.25 per month for
his services, payable in accordance with regular City payment procedures.
Chemist agrees to provide a minimum of fifty -nine (59) hours service per
month and will submit a detailed statement of the services provided prior
to payment. Chemist shall not accrue vacation, sick leave, or other similar
benefits including workers compensation and unemployment insurance benefits
available to regular City employees.
5. City agrees to reimburse Chemist for authorized use of his
personal vehicle on City business at the rate of 15� per mile and to provide
•Chemist with a parking permit for lot #8.
6. This is an agreement for personal services and is not assignable
without the prior written consent of City.
7. For purposes of notice under this Agreement, all notices shall be
considered effective upon being sent by certified U.S. Mail to the following
addresses:
City: City Clerk
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
Chemist: H. Dieter Heinz
P. 0. Box 3193
Pismo Beach, CA 93449
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
eizecut ed .
-2- .
ATTEST:
0 0
CHEMIST
H. Dieter Heinz
CITY OF SAN LUIS OBISPO
S /LYNN R. COOPER
Mayor Lynn R. Cooper
S/J.H. Fi T ZPATRICK _
City Clerk J. H. Fittipatrick
Approved as to form: Approved as to content:
City Attorney
City A is tive Officer
Director of Public Services
irisc tor-'bf` F inanc e
Personnel DirecVft
0 0
SCOPE OF WORK - CITY CONSULTING CHEMIST
To serve as City Chemist performing such services as:
a) Complete chemical analysis and identification of drugs and related
compounds
b) Hair comparison and analysis
c) Paint analysis
d) Soil chemistry: analysis and recommendation for better plant growth
e) Fertility— tissue analysis
f) Pesticide residues: identification and analysis
g) Identification of any foreign matter, either solid, gaseous or liquid
h) Any quality control analysis - and /or product specification
i) Petroleum products: analysis and recommendations
j) Corrosion studies: steel., building materials, etc..
k) Trace metal analysis
1) Steel certification by chemical and physical examination
T) Air pollution: monitoring, sampling and testing:
Particle matter
Hydrocarbons
Sulfur Dioxide
Carbon Monoxide
Oxides of Nitrogen
n) Certification and analysis of explosives, primers, detonators, etc.
o) Consulting and assisting on-sewer source control program
_.._...__. _ p) Consulting.and assisting on cathodic protection program
q) Analysis of sewer samples
EXHIBIT "A"
RESOLUTION NO. 3895(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
HENRY J. AND RUTH L. CAVIGLI FOR WIDENING CALIFORNIA
BLVD.
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 Henry J. and Ruth L. Cavigli for widening of California Blvd at the
northeasterly corner of Phillips Lane 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:
Henry J. and Ruth L. Cavigli and City Engineer
On motion of Councilman Bond , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted
1979.
ATTEST:
City erc�-, J.H. Fitzpatrick
Approved as to form:
City Attorney, George Thacher
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Approved as to content:
day of July
1
R 3895
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This agreement, made and entered into this __ -day of
1979, by and between HENRY J. CAVIGLI (hereinafter, "Cavigli ") and the CITY OF
SAN LUIS OBISPO (hereinafter, "City "), a municipal corporation.of California:
WITNESSETH:
1. Cavigli shall convey to city 782 square feet (0.018 acres), more or
less, lying along California Boulevard, as shown on Exhibit "A ", attached hereto
and incorporated herein by this reference.
2. Cavigli shall construct sidewalk, curb, gutter and handicap ramp in
California Boulevard in conformance with the new alignment as shown on attached
"Exhibit "A ".
3. City shall pay to Cavigli the sum of six thousand dollars ($6,000) for
total compensation for said conveyance, including the equivalent cost of a 2 foot
high retaining wall at the back of sidewalk where a 2:1 slope is not attainable,
in accordance with the Municipal Code. The payment shall be made upon satisfactory
completion of the improvements by Cavigli.
4. City shall provide all necessary engineering, relocate utilities and
provide necessary drainage improvements as necessary, and paveout the street
to the new gutter.
IN WITNESS WHEREOF, this agreement has been executed by
RUTH L. CAVIGLI HENRY J. C IG
CITY OF SAN LUIS OBISPO
A Municipal Corporation
s /LYNN R. COOPER
_ LYNN R. COOPER,
MAYOR
-: ATTEST:.. _. _.._.
s /J.H. FITZPATRIC :
City Clerk J.H. Fitzpatrick
Approved as to form: Approved_ as t content:
City Attorney City Administrative Officer
_. City Eng ;eer _
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RECORDING REQUESTED BY, ^
City Clerk's Office
P.O. Box 321
San Luis Obispo, CA. 93406
AND WHEN RECORDED MAIL TO
Name Office of the City Clerk
P.O. Box 321
Street
Addreu ,I4 San Luis Obispo, CA 93406
City 6
State I
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SPACE ABOVE THIS LINE. FOR RECORDER'S USE -
AFFIX I.R.S. 3 ... .................IS THIS SPACE
Grant Deed
THIS FORM FURNISMEO RY TITLE- INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION; receipt of which is hereby acknowledged,
hereby GRANT(S) to
HENRY J. CAVIGLI and RUTH L. CAVIGLI
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:
All that portion of Lot L of the C. H. Phillips Addition
to the Town of San Luis Obispo as recorded.in Book A of Maps at
Page 49 in the Office of the County Recorder of the County of
San Luis Obispo, as granted to Henry J. and Ruth L. Cavigli by
a deed dated April 7, 1978 and recorded in Volume 2094 of Official
Records at Page 600 in the Office of the County Recorder of said
County, lying southwesterly of the following described line:
(See Exhibit A)
Dated ��""� "� / 77
STATE OF CAI;IFORNIIA / }SS.
COUNTY OFS.,.,i ./pA��O / :c ,e�-a JJ
On jV/2°• 'V.3, 4 /S'Z before me. the under -
si^ d, a Notary Public in and for said State. personally appeared
i
known to me
to be the person`' _whose name S._ subscribed to the within
instrument and acknowledged that 144e42 executed the same.
WITNESS my hand and official seal. /
Signature ir4&�
�QSS �rre�/
Name (Typed or Printed)
OFFICIAL SII:Ab
J NOTAIZYEPUBLIC E C PALI ORNIA
SAN LUIS OBISPO COUNTY
MY wtiun. expires MAR 18, 1981
Title Order No. Escrow or Loan No.
(Tbis area for u ®cial nmarlal seal)
EXHIBIT A
Beginning at the centerline intersection of California Blvd.and
Phillips Lane (formerly Ida Street and Peach Street) as shown
on a map filed in Book 4 of Licensed Surveys at Page 106 in the
Office of the County Recorder of said County; thence along the
centerline of Phillips Lane, as shown on said Licensed Survey.
I+Iap, North 53040' East a distance of 38.00 feet; thence North
36020' West, parallel to the centerline of California Blvd, as
shown on said Licensed Survey Map, a distance of 30.00 feet to
the southeasterly property line of the aforementioned deeded
land, being the true point of beginning; thence continuing
parallel to said California Blvd. centerline a distance of
32.11 feet; thence along a tangent curve, concave to the southwest
having a radius of 638.00 feet, to the northwesterly property
line of the aforementioned deeded land.
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 Grant Deed
dated June 23 1979, from Henry J. Cavigli and
Ruth L. Cavigli
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: July 3, 1979
ATTEST:
SIJ.H. FITZPATRICK
J.H. Fitzpatrick, City Clerk
CITY OF SAN LUIS OBISPO
By s /LYNIN R. COOPER
Lynn R. Cooper, Mayor
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RESOLUTION NO. 3894 (1979 Series)
A RESOLUTION OF INTENTION TO ABANDON A PORTION OF
GARDEN STREET BETWEEN HIGH_AND'BROAD STREETS.
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 Garden Street between High and Broad Streets 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, August 7, 1979, at 7:30 P.M. in the Council
Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, is the
time and place set for hearing all persons interested in or objecting to the
proposed abandonment, which time is not less than fifteen (15) days from the
passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall
be published once in full, at least three (3) days before the public hearing
on the proposed abandonment, in the Telegram- Tribune, a newspaper published
and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices
of the proposed abandonment along that portion of the street proposed to be
abandoned at least ten (10) days before the date set for hearing in accor-
dance with Section 8322 of the Streets and Highways Code.
R 3894
Resolution No. 389A.'�'
(1979 Series)
On motion of Councilman Bond , seconded:by Councilman
Dunin , and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution wasspassed and adopted this 3rd day of July ,
1979.
ATTEST:
City' r J. H. Fitzpatrick
Approved as to form:
/L/Z"'
City Attorney
Approved as to conte
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City Adminilstrative Officer
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RESOLUTION NO.3893 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING THE 1979 -80 ANNUAL
TRANSPORTATION CLAIM.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The 1979 -80 Annual Transportation Claim, attached hereto,
is hereby approved.
SECTION 2. The Mayor is authorized to execute the appropriate claim
documents on behalf of the City, and the City Clerk is directed to forward
executed copies of the claim and a certified copy of this resolution to the
County Auditor of the County of San Luis Obispo.
On motion of Councilman Bond , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 3rd
July , 1979.
ATTEST:
C' Clerk J.H. Fitzpatrick
ZWU
Approved as to form:
City Attorney
day of
Approved as to content:
City Administrative Officer
City Engineer
R 3893
RESOLUTION NO. 3892(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING FINAL APPROVAL OF TRACT 816.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council, after consideration of the final map of Tract
816 and the Planning Commission's recommendations, staff recommendations, and
reports thereon, makes the following findings:
1. The final map is consistent with the general plan and specific plan.
2. The design and improvements of the proposed subdivision are consistent
with the general plan and specific plan.
3. The site is physically suitable for the type of development proposed.
4. The site is physcially suitable for the proposed density of development.
S. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not likely
to cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision.
SECTION 2. This Council now hereby approves the final map of Tract 816, a
reversion to acreage within San Luis Coastal Unified School District property
located in the 1600 block of San Luis Drive.
On motion of Councilman Jorgensen , seconded by Councilman Dunin ,
and on the following,.-roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES::None
ABSENT: None
The foregoing resolution was passed and adopted this 3rd day of
July , 1979.
R 3892
Resolution No. 3892
ATTEST:
C' erk J.H. Fitzpatrick
Approved as to form:
City Attorney
(1979 Series)
oper
Approved as to content:
City Administ ive Officer
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RESOLUTION NO.3891(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING FINAL PARCEL MAP SLO -78 -174 (JOHN
KUDEN, APPLICANT) LOCATED AT 204 -290 MADONNA ROAD.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings concerning Minor
Subdivision 78 -174 as contained in Resolution No. 3876 (1979 Series).
SECTION 2. Whereas, a set -aside letter is on file with the city in the amount
of $5,260.00 to guarantee installation of frontage improvements and street trees.
SECTION 3. This Council hereby grants final approval of Minor Subdivision
SLO -78 -174 and authorizes the Mayor to sign the agreement.
On motion of Councilman Bond , seconded by Councilwoman Billig , and
on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 3rd day of
July , 1979.
ATTEST:
City .H. Fitzpatrick
01117p_
Approved as to form:
City Attorney
Lynn R. "Cooper
Approved as to content:
/ A 0
City Administrative Officer
R 3891
RESOLUTION NO. 3890 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING FINAL APPROVAL OF MINOR SUBDIVISION
SLO -79 -054, LOCATED AT 1103, 1121 AND 1137 HIGUERA STREET;
1170 AND 1190 MARSH STREET; AND 1111, 1115, 1127 AND
1143 TORO STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1; That this Council made certain findings concerning Minor
Subdivision SLO -79 -054 as contained in Resolution No. 3834 (1979 Series).
SECTION 2: Whereas a cashier's check in the amount of $1,300.00 to
guarantee installation of street trees.has been deposited with the city.
SECTION 3: This Council now grants final approval to Minor Subdivision
SLO -79 -054 and authorizes the Mayor to execute the agreement.
On motion of Councilman Bond , seconded by Councilman Dunin
and on the following foll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
1979.
ATTEST:
City rk J.H. Fitzpatrick
Approved a to form:
Ci6 Attorney
day of July ,
Approved as to content:
City dministrative Officer
s
Cit y gineer
R 3890
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RESOLUTION NO. 3889 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING
APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -114, LOCATED AT
2106 LOOMIS AND 416 BUENA VISTA
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 79- 114 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
Findings
1. The proposed parcel map and design are-consistent with the General Plan.
2. The site is physically suited for the proposed type and density of
development which is permitted by the R -1 zone.
3. The design is not likely to cause substantial environmental damage, or
cause serious public health problems.
4. The design of the proposed subdivision will not conflict with public ease-
ments for access through or use of property within the proposed subdivision.
Exceptions
The following lot width exception is hereby approved, based upon the findings
below:
Parcel B 50' average width where 60' is normally required.
1. The adjustment authorized does not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the same vicinity..
2. Because of special circumstances, notably the shape of the property, the
strict literal application of the subdivision ordinance would deprive the
property of privileges enjoyed by other properties in the vicinity.
3. Under the circumstances of this particular case, the variance requested
carries out the spirit and intent of the subdivision ordinance.
;SECTION 2. That the approval of the tentative map for Minor Subdivision
79 -114 be subject to the following conditions:
Conditions
1. Subdivider shall pay park in -lieu fees for proposed Parcel B. (Ordinance
requirement M.C. 9100.3.12)
2. A temporary waiver of sidewalk installation is hereby granted, subject to
the subdivider signing an agreement stating the sidewalk shall be installed
within 30 days afternotice by the City Engineer -that the sidewalk is
necessary.
3. Subdivider shall install street trees to the approval of the Public Services
Department (Ordinance requirement M.C: 4300.9)
4. New lot corners shall be staked by a registered civil engineer or licensed
surveyor.
5. Subdivider shall remove existing shed built across proposed lot line between
Parcels A and B prior to final map approval.
R 3889
Resolution No. 3889 (1979)
MS 79 -114 - Page 2
On motion of Councilman Jorgensen, seconded by Councilman Bond,
and on the following roll call vote:
AYE: Counclmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOE: None
ABSENT: None
':The. - foregoing resolution was passed and adopted this
1979.
ATTEST:
r
J.'F'ftzpatrick, City Clerk
Approved as to form:
ova/
Geo ge Thacher, City Attorney
KB:L
6/15/79
3rd day of July,
A
Approved as to c ntent:
Leland ton, City Administrative
Officer
Henry Engen Comm ty Development
Dir or
f
RESOLUTION NO. 3888 (1979 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GRANTING APPROVAL OF
TENTATIVE MINOR SUBDIVISION NO. 79 -1015
LOCATED AT 2238 -2252 BROAD STREET AND
2201 EMILY 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. 79 -101 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 -H 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 the 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
79 -101 be subject to the following conditions:
1. Final map shall show vehicular and controlled pedestrian access rights
to South Street for parcel A dedicated to the city by way of a one -foot
reserve strip to the approval of the City Engineer.
2. Final map shall show vehicular access to Broad Street for parcel A„ with
the exception of such driveways as may be approved by the Planning
Commission, dedicated to the city by way of a one -foot reserve strip.
3... Subdivider shall dedicate sufficient area and improve with curb, gutter,
sidewalk and street paving easterly portion of Alphonso Street to
accommodate a standard cul -de -sac to the approval of the City Engineer.
4. Subdivider shall install and /or repair frontage improvements along Broad
and Alphonso Street frontages to the approval of the City Engineer and
Public Services Department.
5. Subdivider shall install interim frontage improvements at Emily and South
Street intersection of parcel A to the approval of the City Engineer and
Public Services Department.
6. Subdivider shall install street trees on all frontages of parcel A except
South Street to the approval of the Public Services Department.
7. All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
8. Subdivider shall install storm drainage improvements and .provide storm
drainage - easements_ to- the approve of the_City-Engineer prior to approval
of the final map.
On _moti_oR of:CouncilmanJorgensen, seconded by Councilman Dunin, and on
following roll call vote: -
AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOE: None
ABSENT: None R 3888
Minor Subdivision 79 -101
The foregoing resolution was passed and adopted this 3rd
day of duly, 1979_.
ATTEST:
C < .H. Fitzpatrick
Approved as to form:
City Attorney
(1979)
Approved as to content:
City Ad trative Officer
Community Development Department
C,
2
RESOLUTION, NO. 3881 (1979 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO DENYING APPROVAL OF TENTATIVE
MINOR SUBDIVISION NO. 78 -86, LOCATED AT 1425
WOODSIDE DRIVE (HACIENDA HOSPITAL, APPLICANT).
WHEREAS, Hacienda. Hospital, Inc. has made application for a minor.
subdivision (M.S. .78 =86) which would create three lots from the one existing
at 1425 Woodside Drive, whereon is located Hacienda Hospital, a convalescent'.
hospital; and
WHEREAS, by Resolution No. 3779 (1979 Series) this council previously
has denied approval of M.S. 78=86; and
WHEREAS, following the denial applicant filed a petition for writ
of mandamus (San Luis Obispo County Superior Court, No. 51331) requesting
that the Court set aside the denial on specified grounds; and
WHEREAS, following a hearing on the petition for writ of mandamus,
the court issued the following order: -
and
[City] hereby is directed within sixty (60) days from,
the date of this, order to review its decision dated
February N, 1979,.in-the , administrative proceedings.'.
entitled Resolution No. 3779 (1979 Series), rehear
the application for minor subdivision' denied_bp said::'
decision, and to substantiate the findings made in
said resolution in light of the evidence considered;"
WHEREAS, pursuant to the court's order on June 19, "1979, the council
reviewed its previous decision and reheard the previously denied application
for M.S. 78 -86; and
R 3887
Resolution No. 3887
(1979 Series)
WHEREAS, as part of said review and rehearing the council considered
all the comments and materials set out in.Resolution No. 3779, as well as
comments made at the June 19.; 1979; meeting and all materials contained
in the June 19, 1979, coundil agenda packet relating to M.S. 78 -86;
NOW,_THEREFORE, BE I.T RESOLVED by the Council.of the City of San
Luis Obispo as follows:.
SECTION 1. The comments and materials mentioned hereinabove have
shown all of the following:
a. The parcel.sought to be subdivided by M.S. 78 -86 should
remain unsubdivided in that the portion of the parcel unencumbered with
structural improvements acts as a buffer between the existing hospital and
adjacent properties.
b. The development of the new lots proposed by M.S. 78 -86 would
create conflicts of use between the existing convalescent hospital and the
residential use of the proposed•new lots.
C. Even though M.S. 78 -86 shows the depth of the proposed new
lots to be ninety feet, in fact the practical usable depth is only seventy
feet.
d. Potential residential development on the proposed new lots
would have the effect of eliminating an open area presently available to the
residents of the convalescent hospital ; `a result deleterious to the operation
of the hospital.
e. The potential residential development on. the proposed new
lots would result in a. lack of privacy and pleasant views for both the con-
valescent hospital residents and those residing on the proposed new lots.
SECTION 2. Based on.the showings set out in Section 1, hereinabove,
the council reaffirms the findings made in Resolution No. 3739, and find's as
follows:
-2-
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Resolution No. 38871,`
.(1.979 Series)
a. Because of the existing structures on the site to be sub-
divided, the use of existing structures as a convalescent hospital, the
proximity of the convalescent hospital to structures to be erected on the
two smaller additional parcels proposed by M.S. 78 -86, and the residential
use of said-'.smaller parcels, the site is not physically suitable for the
type of development proposed by M.S. 78 -86.
b. Because of the.existing structures on the site to be sub-
divided, the use of the existing structures as a convalescent hospital, the
proximity of the convalescent hospital to structures to be erected on the
two smaller additional parcels proposed by M.S. 78 -86; and the residential
use of said smaller parcels,:. the site is.not physically suitable for the
proposed density of development.
c. The proposed subdivision would be inconsistent with provisions
of the City's general plan (residential land use objectives of the land use
element) which call for residential designs to provide for privacy and pleasant
views to and from the development.
SECTION 3. Having made findings in Section 2, hereinabove, which
under Section 66464 of the California Government Code require, the council to
deny approval of M.S. 78 -86, the council hereby denies the application for
I.I.S. 78 -86.
On motion of Councilman Jorgensen seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES`. Councilmembers- Billig, Jorgensen, Dunin, Bond and Mayor Cooper
NOES: None
ABSENT: None
-3-
a
Resolution No. 3887 .(1979 Series)
the foregoing resolution was passed and adopted this 3rd day of July ,
1979_ .
ATTEST:
C> e c J. H. Fitzj atfick
Approved as to form:
City Attorney
_4_
Approved as to content:
City Administrative Officer
- - - — -
Comm Yty De- lopm "erit i "rector
11MI
� t
city of s is S-PO
OFFICE OF THE CITY ATTORNEY
Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000
September 7, 1979
To: Mayor and Members of the City Council
From: George Thacher, City Attorney
Subject :' Hacienda Hospital Litigation-)
You will recall that in July you heard and denied an application
for subdivision of the Hacienda Hospital property. In February of
this year, the former Council acted as well to deny the application.
Your July denial was the result of a rehearing ordered by the
Superior Court in an action filed by the subdivider in response
to the February denial.. Attached is the Court's order in that
action (Flagg Industries, Inc. v. City of San Luis Obispo), denying
subdivider's petition for a writ of mandamus. Plainly speaking,
the Court upheld your denial.
While the order does not contain much of an analysis of the law
argued, there is an indication (page 3., lines 11 -19 of Order) that
the Court accepted the basic premise forwarded by the City, i.e.,
that even where all City standards are satisfied, a Council may
deny if it is found that the site is not.physically suitable for
the proposed development. (Map Act; Government.Code, §66474)
The developer may, of course, appeal the Superior Court judgment.
I will keep you informed.
Respectfully submitted,
George Thacher
City Attorney
GT /lw
Encl..
cc: �ee.Walton
H. Fitzpatrick
Henry Engen
Ken Schwartz
Allen Settle
Steve Petterson
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ENDORSED
FILED
AUG 30 1979
MISBETH VIOLLAM, COUNTY CLERK
By HELEN MURPHY
nr^,,TY CLERK
SUPERIOR ODURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN LUIS OBISPO
FLAGG IbDUSTRIES, INC.,
dba HACIENDA HOSPITAL, INC.,
Petitioner,
vs
CITY OF SAN LUIS OBISPO,
Respondent.
No. 51331
ORDER OVERRULING DLvlU MI , DENYING
PETITION FOR A PEREaMRY WRIT OF
ADMINISTRATIVE Id,A P21JS AND
DISCIiARGING THE ALTERNATIVL WRIT
OF ADMINISTRATIVE MAIZz"IUS
In this matter petitioner petitioned the court for actninistrative
mandamus relief, seeking to compel the respondent city to permit the sub-
division of certain property adjacent to the petitioner's convalescent hospital.
During the 1962 -1964 time period the petitioner acquired a fairly
large parcel of land within the city and developed it with city approval into a
hospital and parking area, leaving several acres of unused land. The vacant
land remained as part of the whole land then owned. In recent years the
surrounding area has been fully developed. There is no vacant land other than
the portion herein concerned. Part of the adjacent area has been devoted to
single family home use. The land here concerned is also zoned for residential
use. No change of zoning is herein concerned, the issue being whether the
respondent abused its discretion in denying petitioner's application to sub-
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ENDORSED
FILED
AUG 30 1979
MISBETH VIOLLAM, COUNTY CLERK
By HELEN MURPHY
nr^,,TY CLERK
SUPERIOR ODURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN LUIS OBISPO
FLAGG IbDUSTRIES, INC.,
dba HACIENDA HOSPITAL, INC.,
Petitioner,
vs
CITY OF SAN LUIS OBISPO,
Respondent.
No. 51331
ORDER OVERRULING DLvlU MI , DENYING
PETITION FOR A PEREaMRY WRIT OF
ADMINISTRATIVE Id,A P21JS AND
DISCIiARGING THE ALTERNATIVL WRIT
OF ADMINISTRATIVE MAIZz"IUS
In this matter petitioner petitioned the court for actninistrative
mandamus relief, seeking to compel the respondent city to permit the sub-
division of certain property adjacent to the petitioner's convalescent hospital.
During the 1962 -1964 time period the petitioner acquired a fairly
large parcel of land within the city and developed it with city approval into a
hospital and parking area, leaving several acres of unused land. The vacant
land remained as part of the whole land then owned. In recent years the
surrounding area has been fully developed. There is no vacant land other than
the portion herein concerned. Part of the adjacent area has been devoted to
single family home use. The land here concerned is also zoned for residential
use. No change of zoning is herein concerned, the issue being whether the
respondent abused its discretion in denying petitioner's application to sub-
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divide its R -2 acreage on which the hospital is located so as to leave one
larger lot for hospital uses and two smaller, residential lots.
There is some reference to an implied condition of the original
hospital use permit. It is suggested that the original contemplation was that
the entire parcel would remain devoted to the benefit and use of the hospital.
However, these suggestions are made with an admission that there was no such
condition expressed in writing at the tine; respondent's counsel therefore does
not pursue that subject and the court disregards it.
In 1978 and 1979 petitioner sought a small subdivision approval with
at least a bit of success at the Planning Commission level. However, the City
Council rejected the proposal, once returning it to the Planning Commission
for revision. Petitioner appears to have tried to accomedate the respondent's
requirements. In the end, the City Council denied approval for reasons stated
in its resolutions. When this matter was first heard by this court the
decision was to return it to the respondent for further consideration. Upon
rehearing there was a unanimous council vote to deny the application. A more
complete statement of reasons was given.
There is a recent suggestion by petitioner that the new mayor's
real estate firm has been party to a neighborhood development which (impliedly)
should be reason for the court to find an abuse of discretion by the council,
for if the Mayor can develop nearby property so should the petitioner. The
court notes that the prior council action was by a council which did not
include the present mayor. In the interim the Mayor and two others have been
elected to the council and three members have left the council. One of the
former planning commission members (Billig), who had given her tentative
approval to the application, has now become a member of the city council and
has joined the negative vote.
The demurrer is overruled as the petition adequately states a cause
-2-
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1 of action. The court therefore turns to the petition and answer and looks to
2 the merits of the matter. There is an administrative record of some length
3 filed prior to the review ordered by the court. Counsel has now submitted the
4 matter on the original pleadings, record and an additional record consisting
5 only of the July 3, 1970 resolution. Counsel agree that no additional record
6 will be presented to the court.
7 The substantial evidence rule applies. For this court's duties in
8 this case reference is made to Mdiillan v. American Gen. Fin. Corp., 60 C.A.3d
9 175. The decision of this court is very much based upon the principles therein
10 stated.
11 Though this court could easily find ample support for a contrary
12 conclusion by the council, there is an equally persuasive basis for the
13 position taken by the two city councils in denying the application. Whether
14 the basis is a present incompatibility with the city plan, a conflict with
15 neighborhood uses, a density problem in the use of the entire parcel or of the
16 retraining unused portion and the neighboring property, or a conflict with the
17 more intangible aspects of modern living conditions, there is an angle record
:L8 to support the negative decision. Reference to such "general welfare"
19 considerations is made in Van Sicklen v. Browne, 15 C.A.3d 122, 126 -127.
20 This case does not involve a routine request for a building permit.
21 Instead of seeking a permit, the application is for the purpose of subdividing
22 the property. As a result the depth of the lots became a controversy. though
23 the original attention was directed to relatively minor deviations from the
24 usual requirements of the city, the council members became critical of the
25 planned development for new reasons which related to the more intangible aspect;
26 of planning. In this case attention was drawn to the patients and how the
27 application mould affect than and finally to the development as it related to
28 the surrounding property. No citation is needed to observe that the council
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has the ultimate responsibility in exercising this discretion.
It is not improper for a council member to be concerned about
substandard lots and the granting of special economic benefits. Neither is it
- --- b - - - - - f j .fi - - -- -
of- legal- consequence_ that -a eurrentmernber voted- to 'the contiary.�ile a
member of the Planning Commission. At the earlier time she observed that no
one wanted to say "no" and that the council didn't want to be the "bad guy ".
She thereafter accepted that responsibility as a member of the council (see
page 23 of Jan. 10, 1979 Planning Commission minutes). The court cannot
second -guess that exercise in judgment. Planning considerations have changed
in recent times. See the 1977 goals and policies adopted by respondent (page
12 of respondent's points and authorities filed April 4, 1979).
There being an adequate basis in support of the conclusions reached
by respondent in its resolution of July 3, 1979, the demurrer is overruled, the
petition is denied, the alternative writ is discharged, attorney fees are
denied and costs are awarded respondent_
it Dated:
A i
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11. R: IIV
Judge of
court
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has the ultimate responsibility in exercising this discretion.
It is not improper for a council member to be concerned about
substandard lots and the granting of special economic benefits. Neither is it
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of- legal- consequence_ that -a eurrentmernber voted- to 'the contiary.�ile a
member of the Planning Commission. At the earlier time she observed that no
one wanted to say "no" and that the council didn't want to be the "bad guy ".
She thereafter accepted that responsibility as a member of the council (see
page 23 of Jan. 10, 1979 Planning Commission minutes). The court cannot
second -guess that exercise in judgment. Planning considerations have changed
in recent times. See the 1977 goals and policies adopted by respondent (page
12 of respondent's points and authorities filed April 4, 1979).
There being an adequate basis in support of the conclusions reached
by respondent in its resolution of July 3, 1979, the demurrer is overruled, the
petition is denied, the alternative writ is discharged, attorney fees are
denied and costs are awarded respondent_
it Dated:
A i
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11. R: IIV
Judge of
court
RESOLUTION NO. 3886 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN_
LUIS OBISPO GRANTING ADDITIONAL TIME TO FILE
FINAL MAP FOR MINOR SUBDIVISION NO. 77 -357„
(975 FOOTHILL BOULEVARD).
WHEREAS, by Resolution No. 3820 (1979 Series) the subdivider of Minor
Subdivision No. 77 -357 was granted a three -month extension for filing of the
final map, to July 5,, 1979; and
WHEREAS, the subdivider of Minor Subdivision No. 77 -357 has requested a
further extension of time to complete the final map; and
WHEREAS, the City Council determines that the time extension is justified
to complete consideration of an appeal of conditions of approval required by
the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED by the Council of'the City of San Luis
Obispo as follows:
SECTION 1. A three -month time extension for the filing of the final
map for Minor Subdivision No. 77 -357 is hereby granted. Said extension expires
on October 5, 1979.
SECTION 2.. The conditions of approval contained in Resolution No. 3537
are hereby incorporated into and made a part of this time extension, unless those
conditions are modified by action of the council on appeal.
On motion of Councilman Joi'gensen3 seconded by Councilwoman Billig
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin and Jorgensen
NOES: None
ABSENT: Mayor Cooper
1
the foregoing resolution was passed'and
ATTEST:
. .
this 19th day of June 1979.
A 3886
Approved as to form: Approved as to content:
City Attorney City Adnfitis t a ive Officer
Community De elopment rector
.'City Eng neer
IG
RESOLUTION N0. 3885
(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CONFIRMING THE ASSESSMENT OF DELINQUENT BUSINESS
LICENSE TAXES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That pursuant to a public hearing duly held in conformance
with Section 6100.13 of the Municipal Code, the Council hereby confirms the
business license tax assessment as submitted and set forth in Exhibit "A ".
SECTION 2. That the assessments set forth shall be paid within ten .(10)
days after the date hereof and that any accounts remaining delinquent there-
after-shall be turned over to the City Attorney for citation and collection:
On motion of Councilman Jorgensen seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
_:.NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this' 19th day of June , 1979.
ATTEST:
CI RK J. FITZPATRICK
Approved as to form:
i
CITY ATTORNEY G. THACHER
Approved as to content:
CITY
VE OFFICER L. WALTON
MURAVEZ R 3885
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RESOLUTION NO. 3884 (1979 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 the amendment hz.s been evaluated
and a negative declaration has been approved; and
WHEREAS, the amendment was considered at public hearings held June 5,
and June 19, 1979; and
WHEREAS, the amendment is fully described in Exhibit A, five map
changes, and Exhibit B, text changes., 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 is amended as shown in the attached
exhibits.
(2) The Community Development Department shall see that this
amendment is reflected in the general plan maps and publications
which are on display in City Hall and which are made available
to the public.
(3) This amendment shall take effect thirty days from the date of
adoption of this resolution.
(4) As indicated by minute order from the public hearings referenced
above, the Community Development Department shall initiate
the necessary proceedings to maintain consistency between the
general plan and zoning.
R 3884
J
Resolution No. 3884
Page 2
On motion of Councilman Jorgensen , seconded by Councilman Dunin , and
on the following roll call vote:
*.AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 19th day of June 1 1979.
ATTEST:
J.H tzpatrick, City Clerk
APPROVED AS TO FORM
K. cooper;
APPROVED AS TO CONTENT:
George Thacher,' City_ Attorney_: Leland Walton., Ci Administrative Officer
Henry Engen, Co munity DeA lopment Director
*While all members of the council voted affirmatively on this resolution adopting
six changes to the land use element of the - general plan, Councilmembers Billig and
Jorgensen requested this addendum to" thd',kesolution noting.:their
dissent: ontrhe: following two items: 1) the amendment to the land use map showing
a change in designation from park to medium =high density residential at the corner
of Los Osos Valley Road and Prefumo Canyon Road; 2) the amendment to the land use
map showing a change in designation from medium density to medium =high density
residential on a portion of the north side o Higuera Street between Johnson Avenue
and Pepper Street.
EXHIBIT A.
j5mvice-commeKcm
I/Ll6HT INDUSTRIAL TO
5ERVICE-0 ZU
,qM AAL.
44%INA
M
M'EOl DENSITY FE-
U6HT mr5TRIAL 70
NEIOHW
MERL *ffi-j -9�-
. . . . . . . . . . . . . .
.............
I-V,Y.-57ZW A. U.N.
plp
PAPM TO MEMUM-HICM
DENSITY RESIDENTIAL
MARE WA
U
15EF, I MEFaA.L
ILICjHT-
To Puw -tE"I-
Puftio
m -0 1 TO
DIUM 0
MEVIUM-11115H� t
A&
PERKY IV -b
Resolution fig. � EXHIBIT
C. GOALS AND POLICIES
3. Commercial and Industrial Land Use Objectives
a. Neighborhood Convenience Commercial Policies
3.2. Increased demand for neighborhood commercial eenvenienee facilities
created by infill and intensification of residential areas should
be met by making more
:. efficient use of existing neighborhood centers an y�ion of
existing centers into adjacent nonresidential areas.
3'3. The City should prepare and adept eeenemie and market study eriteri-&
fer eya uat4 tg evaluate the need for and 4eeat4ei4desi rabi 1 i ty of
additions to existing neighborhood commercial centers as specific
development proposals are made. Criteria for evaluating such
proposals Are:
(1) Uses are in fact those which will serve nearby residents, not
the community as a whole_
i2) Expansion areas have access from arterial streets.
(3 ) Expansion areas will reduce the area used by or designated for
offices or ce commercial uses and not areas designated
Tor or usea by residences.
c. Comparison Retail Commercial Policies
4. The City reaffirms its support of.the central business district
as a historic, architecturally unique and economically essential
part of the community.
The City will promote the economic stability of the central busi
" district. To assure its stabi it of er major areas in the cit
wi not be 'rezoned for retall commercial use until a downtown
par -.ing. ro ram has been adopted by t e City The City will tak
an active row in encouraging t e retention and and expansion of
county courts and administrative facilities in the downtown.
6.
The City encourages a whole range of comparison shopping in the
central business district and at Madonna Road. Additional retail
space at Madonna Road should augment the existing shopping faciliti(
Development may be Phased ut would include a non l.scount deDartmenl
related Shops which can intercept expenditures of coun
w o now shop out of the county. Any new facilities s
' :Resolution No. �
EXHIBIT B
be master planned.to "relate as closely as practical with the
Ou sting Madonna Road Plaza Center.
Additional space in the central business district should reinforce
!he ro a of downtown as a regional s opping'area, w ile-also
.
!I.. The Gity sheuld give prier4y te preparation of a speeif4e plan
•
12, Speeif4e plans should also be prepared fer Plademna Plapa and
tlmWliarand eir-eulatien. Genyenienee e6mere4a' ruses with4n. the.
s PladenRa Plara and University Square-.
Public Facility Land Use 'Objectives
City Hall will remain at its present location. County courts and legal
and qeneral a mini strative functions such as technical services,
assessor,
cer se
hospT a
on county
Cou�ntywel
Devel opmen
to a consc
elections, board of su
as necessary in the dow
hould remain and if nec
ial Services
lidated social services center on
Probation should a located nea
facilit The juvenile facility s
ounty_ sheriff's aci ities.
ssary e
lifornia EmDi
near the
ated near
The city will locate its facilities and advocate location of other
agency's facilities in order to:
(a) Remove nonconforming uses from residential neighborhoods;
(b) Foster convenient public access to those uses serving the public
directly;
(c) Group related public offices together;
(d) Locate facilities with si nificant numbers of employees or cliem
near comDlementary non- oovernmental services restaura►its; convei
shopping);
Make economical use of land and buildings already owned by publi
agencies and minirnize the displacement of ekisting private burin
or residents.
R
RESOLUTION NO. 3883 (1979 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO UPHOLDING AN APPEAL OF A PLANNING
COMMISSION DECISION TO REQUIRE A FOCUSED ENVIRON-
MENTAL IMPACT REPORT ON PROPOSED GENERAL PLAN
AMENMENT FOR PROPERTY ON SOUTH HIGUERA STREET
NEAR PRADO ROAD.
WHEREAS, Walter Brothers Construction ( "applicant ") has applied for a
general plan amendment to designate six acres "office" rather than "service
commercial /light industrial" on applicant's property on South Higuera Street
near Prado Road; and
WHEREAS, the Planning Commission has determined.that applicant shall
prepare a focused environmental impact report (EIR) addressing the proposed
general plan change, covering traffic, flooding, and conformance with
community goals and policies; and
WHEREAS, applicant has appealed the Planning Commission's EIR determi-
nation to the Council; and
WHEREAS, this Council hereby finds that on the basis of the initial
study the proposed general plan amendment will not have a significant effect
on the environment;
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. This Council hereby uphdlds applicant's appeal of the
Planning Commission decision to require a focused EIR addressing the general
plan amendment described above.
SECTION 2. Staff is directed to issue a negative declaration covering
the proposed general plan amendment and to take all other steps necessary to
implement thiss resolution.
.... .... .... ... .... ... ...
On motion of Councilman Jorgensen seconded by Councilwoman Bi11iQ ,
and on the following roll call vote:
R 3883
Resolution No. -3883 (1979 Series)
AYES: Councilmembers Billig, Bond, Dunin,'Jorgensen'and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 19th day of June ,
1979.
ATTEST:
Ci ' _erk J.-H. Fitzpatrick
Approved as to.form: Approved as to content:
City Attorney City Administrativ fficer
Community De lopment rector
RESOLUTION NO. 3882 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: CREEK OBSTRUCTION REMOVAL, WATER CITY PLAN NO.: B -51
PIPELINES
ESTIMATE: $20,413.00 BUDGET ACCOUNT: 40- 5063 -801
BIDDER: Smees, Inc. BID AMOUNT: $25,660.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
Approved as to form:
City Attorney George Thacher
Approved as to content:
City A ministrative nrficer Leland Walton
R 3882
e
RESOLUTION NO. 3881 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY.OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract.on behalf of the City for the following:
PROJECT: T.V. INSPECTION OF CITY SEWER LINES CITY PLAN NO.: C -31
ESTIMATE: $18,957.27 BUDGET ACCOUNT: 40- 7063 -834
BIDDER: Video Inspection Specialists BID AMOUNT: $14,179.75
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Jorgensen seconded by Councilman Dunin ,
and on the following "roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and
1979. ,
ATTEST:
C' erk J.H. Fitzpatrick
Approved as to form:
this 19th day of June
. Cooper
Approved as to content:
0 0�4 zeezzwd
City Attorney George Thacher City A min icer Leland Walton
Funds
for Y- C. Muravez
R 3881
follows:
v
RESOLUTION NO. 3880 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
RICHARD SHIPMAN AND CAROL VAUGHN FOR CONSTRUCTION OF
A WATERLINE FOR LOT 9, BLOCK 187 -B OF THE INGLESIDE
HOMESTEAD TRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. That certain agreement, attached hereto marked
Exhibit "A" and incorporated herein by reference, between the City of
San Luis Obispo and Richard Shipman and Carol Vaughn for construction of
a waterline for Lot 9 in Block 11187 -B" of the Ingleside Homestead Tract
under the Quarterly Program, is hereby approved and the Mayor is author-
ized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: the property
owners, the City Engineer, the Director of Public Services and the Director
of Finance.
On motion of Councilman Dunin , seconded by Councilman Bond
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 19th day of
June , 1979.
0
ATTEST:
C' erk J. H. Fitzpatrick
R 3880
Approved as to form: Approved as to content:
� 020 (/
City Attorney T ity Administraylve Officer
J L�/LO
Director of Public Seivices'
D'r or oK Financd'
EXHIBIT "A"
AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT, dated June 19, 1979, for the convenience
of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City," and RICHARD SHIPMAN and CAROL
VAUGHN, the fee owners and developers of the real property described
herein, and each of,them, hereinafter collectively called "Developer."
WITNESSETH:
In consideration of the mutual benefits, promises and agreements
set forth herein, the parties agree as follows:
1. The City agrees to contract for the installation of, and
assist in funding the following described water system improvements in
accordance with Municipal Code Section 7410.9 subsection (1), relating
to main extensions to new customers other than subdivisions, and City
Council Resolution No. 2435, adopted on March 9, 1973 which resolution
is made a. part of this agreement as though specifically set forth herein:
A. .Construction of approximately 220 feet of 8 inch
diameter and 200 feet of 4 inch water line in Swazey Street from
Osos Street southerly, (This portion of the project including
inspection, engineering, and administration thereof is to be
financed by the City under provisions of Resolution No. 2435,
otherwise known as the 11$20,000 Quarterly Funding Program," to
the extent that said funds are available from the 3rd Quarter
of the 1978 -79 program but not to exceed $20,000.)
B. Installation of one fire hydrant with connecting
lateral and related facilities. (This portion of the project to
be financed by the Developer as provided below.)
-1-
V
2. Said water system improvements have been requested by
Developer to provide necessary fire protection for residential con-
struction at 2047 Swazey Street and more particularly described as
Lot 9, Block 187 -B of the Ingleside Homestead Tract, City of San Luis
Obispo, County of San Luis Obispo, State of California, according to
map recorded in Book A, Page 132 of maps in the office of the County
Recorder.
3. City agrees to prepare plans and specifications providing
for the above described installation to City standards and to call for
bids, award a contract and administer the contract in accordance with
the provisions of Section 724 of the City Charter,
4. Developer agrees to pay the following amounts as his share
of the costs for said improvements:
A. At the time of signing this agreement, a deposit in
the sum of $1,800 which is 10% of the estimated total cost of
construction.
B. Prior to the commencement of the work and immediately
following the opening of bids, such additional amount as is
necessary to pay for the entire cost of the fire hydrant described
in paragraph 1B above, computed as follows: The successful
bidder's contract price for said portion plus prorated City
engineering, inspection and administrative costs, less the
deposit. (Total cost to the Developer is estimated at $1,900,)
It is understood that if said balance is not paid to the City
within sixty (60) days after notification of the determination
of the cost of said work, no improvements will be made and the
10% deposit will be forfeited and retained by the City.
-2-
5. For planning purposes, the City estimates that the water
system improvement will be completed within five (5) weeks after the
contract is awarded; the City agrees to use due diligence in seeking
timely contract performance, However, the parties recognize that City
cannot guarantee timely performance, and Developer agrees that City
shall not be responsible for any loss incurred by it as a result of
delays in contract completion, Developer also agrees to hold City
harmless from all claims by third persons, purchasers or tenants which
are based upon delays in performance of the water main construction
contract.
6. Developer agrees that he will not seek a certificate of
occupancy, and he will not permit others to occupy, the project to be
constructed'by him upon the real property referred to herein prior to
the completion of the water system improvements construction contract.
7. This agreement, shall be binding upon, and shall inure to
the benefit of, the heirs, assigns, and all other successors in interest
of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed.
ATTEST:
-Clerk J. H. Fitzpatrick
-3-
DEVELOPER:
RICHARD SHI IAN
[:lli101 � lLL[D�
CAROL VAUGHN
CITYiOF SAN LUIS OBISPO:
P.-
Approved as to form:
City Attorney
sm
Approved as to content:
Avy dmin istrat' a Officer
Gl
Director of Public Service
Utilities Engineer /Superintendent
i
irector�6f Finattnce
WATER LIN
SWAZEY ST PROJECT
ft
�0��
n: , 9�
0 RESOLUTION NO. 3879
(1979 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -096
LOCATED AT 630 FELTON WAY AND 585 HIGHLAND DRIVE.
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. 79 -096 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the.following findings:
1. The proposed parcel map and design are consistent with the General Plan.
2. The site is physically suited for the proposed type and density of develop-
ment which is permitted by the R -1 and R -2 -S zones.
3. The design is not likely to cause substantial environmental damage or cause
serious public health problems..
4. The design of the proposed subdivision will not conflict with the public ease-
ments for access through, or use of property within the proposed subdivision.
SECTION 2. That the approval of the tentative map for Minor Subdivision
79 -096 be subject to the following conditions:
1. Subdivider shall provide an easement to Felton Way for sanitary sewer service
and storm drainage for lot 2, to the approval,'iof the City Engineer. A lot
drainage and grading plan shall be submitted for the approval of the City
Engineer. Final map shall note that drainage improvements are required as a
condition of any building construction on lot 2.
2. Subdivider shall pay water frontage and acreage fees as determined by the City
Engineer prior to final map approval.
3. Subdivider shall install curb, gutter and sidewalk along Highland Drive
frontage to the approval of the Public Services Department.
4. Subdivider shall pay park in -lieu fees per Municipal Code Section 9100.3.12
for lot 2 prior to final map approval.
5. Subdivider shall install street trees to the approval of the.Public Services
Department on Highland Drive frontage. Street trees shall be planted behind
the sidewalk and placed so as not to obscure vision of motorists.
6. All new utilities shall be installed underground.
7. Subdivider shall install water and sewer services to lot 2. Water meters
shall be located in sidewalk at property frontage.
8. All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
9. Depth of lot 1 shall be adjusted to 128 feet.
10.. Final map shall have a note stating access rights to Highland Drive with
exception of most westerly 20' for driveway are dedicated to the.City.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig, and on
the following roll call vote:
AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
;;NOE: None
ABSENT: None
1 13*6l
• Minor Subdivision 79 -096
The foregoing resolution was passed and adopted this 19th
day of June, 1979.
ATTEST:
T erc J.H. Fitzpatrick
Approved as to form:
I /4/t/�
City Attorney
(1979 series)
Approved as to content:
e� I AVI
�i�y AdminlstylgMe Officer
Communiity Development Department
RESOLUTION NO. 3878 (1979 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -094
LOCATED AT 579 HIGHLAND DRLVE'_AND 618 FELTON WAY
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. 79 -094 and the Planning Commission's recommenda-
tions, staff recommendations and reports thereon, makes the following
findings:
1. The proposed parcel map and design are consistent with the General Plan.
2. The site is physically suited for the proposed type and density of
development which is permitted by the R -1 and R -2 -S zones.
3. The design is not likely to cause substantial environmental damage or
cause serious public health problems.
4. The design of the proposed subdivision will not conflict with the public
easements for access through, or use of property within the proposed sub-
division.
SECTION 2. That the approval of the tentative map for Minor Subdivision
79 -094 be subject to the following conditions:
1. Subdivider shall provide an easement to Felton Way for sanitary sewer
service and storm drainage for parcel 2, to the approval of the City
Engineer. A lot drainage and grading plan shall be submitted for the
approval of the City Engineer. Final map shall note that drainage improve-
ments are required as a condition of any building construction on lot 2.
2. Subdivider shall pay water frontage and acreage fees as determined by the.
City Engineer prior to final map approval.
3. Subdivider shall install- curb,'gutter. :and sidewalk along _Highland Drive;.
to the approval of the Public Services Department.
4. Subdivider shall pay park in -lieu fees per Municipal Code Section
9100.3.12 for lot 2 prior to final map approval.
5. Subdivider shall install street trees to the approval of the Public Services
Department on Highland Drive frontage. Street trees shall be planted
behind the sidewalk, and placed so as not to obscure vision of motorists.
6. All new utilities shall be installed underground.
7. Subdivider shall install individual water and sewer services to lot
- -- - - - —
Water meters shall.be located in sidewalk at property frontage. -.
8. A11 new lot corners shall be staked by a registered civil engineer or
licensed surveyor. _
P. Firm? snap shall have a note stating access rig 'nts to'Highland Drive with
exception of most westerly 20' for driveway are dedicated to the City.
Onimotion of Councilman Jorgensen, seconded by Councilwoman Billig,
and on the following roll call vote
AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOE: None
ABSENT: None
R 3878
r
J
Minor Subdivision 79=094
r�
(1979 series)
The foregoing resolution was passed and adopted this 19th
day of June, 1979.
ATTEST:
�. -iii. /
i
wA1 = �-
Approved as to form:
/2ezt4�'�
City Attorney
Approved as to content:
'City AdministrWve Officer
Commu m ty eve opml ent Depart ent
1 --
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -025
LOCATED -AT 275 and 279 BUENA VISTA AVENUE.
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. 79 -02, and the Planning Commission's recommenda-
tions, staff recommendations and reports thereon, makes the following findings:
1. The proposed parcel map and design are consistent with the General Plan.
2. The site is physically suited for the proposed type and density of
development permitted by the R -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 sub-
division.
Exceptions
1. Exception to minimum lot area on parcel A is hereby granted with the
following findings:
a. There are exceptional circumstances applying to the site's size and
topography when considering the size and topography of other lots in
the neighborhood.
b. Exception is not a grant of special privilege inconsistent with
limitations upon other properties in--.the vicinity with the same
zoning.
c. Granting an exception will not adversely affect the health, safety
or general welfare of persons residing or working in the vicinity.
2. A temporary waiver of sidewalk installation is hereby granted, subject to
the subdivider signing an agreement stating the.:sidewalk shall be installed
within 30 days after notice by the City Engineer that the sidewalk is
necessary.
SECTION 2. That the approval of the tentative map for Minor Subdivision
79 -02 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 install street trees across frontage of parcel A to the
approval of the Public Services Department.
3. Subdivider shall pay water acreage and frontage fees for parcel A prior
to final map approval.
4. All new utilities shall be installed underground.
5. Subdivider shall relocate as necessary all utilities so that they are
within each individual lot.served. Subdivider'shall install individual
utilities for each lot.
R 3877
RESOLUTION NO. 3877
(1979
series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -025
LOCATED -AT 275 and 279 BUENA VISTA AVENUE.
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. 79 -02, and the Planning Commission's recommenda-
tions, staff recommendations and reports thereon, makes the following findings:
1. The proposed parcel map and design are consistent with the General Plan.
2. The site is physically suited for the proposed type and density of
development permitted by the R -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 sub-
division.
Exceptions
1. Exception to minimum lot area on parcel A is hereby granted with the
following findings:
a. There are exceptional circumstances applying to the site's size and
topography when considering the size and topography of other lots in
the neighborhood.
b. Exception is not a grant of special privilege inconsistent with
limitations upon other properties in--.the vicinity with the same
zoning.
c. Granting an exception will not adversely affect the health, safety
or general welfare of persons residing or working in the vicinity.
2. A temporary waiver of sidewalk installation is hereby granted, subject to
the subdivider signing an agreement stating the.:sidewalk shall be installed
within 30 days after notice by the City Engineer that the sidewalk is
necessary.
SECTION 2. That the approval of the tentative map for Minor Subdivision
79 -02 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 install street trees across frontage of parcel A to the
approval of the Public Services Department.
3. Subdivider shall pay water acreage and frontage fees for parcel A prior
to final map approval.
4. All new utilities shall be installed underground.
5. Subdivider shall relocate as necessary all utilities so that they are
within each individual lot.served. Subdivider'shall install individual
utilities for each lot.
R 3877
I
Minor Subdivision 79 -02
(1979)
6. Final map shall show common driveway easement. Subdivider shall prepare
a common driveway agreement for city approval and recordation prior to
final map approval.
- 7. ___ Subdivider shall install and /or repair frontage improvements consisting
of curb and gutter to the approval of -the Public Services Department:
On motion of Councilman Dunin, — -- seconded by Councilman - Bond,
and on the following roll call vote:
AYE: Councilmembers Duni.n, Bond and Mayor Cooper
NOE: Councilmembers Billig. and Jorgensen
ABSENT: None
The foregoing resolution was passed and adopted this 19th day of
June, 1979.
ATTFCT-
Approved as to form: Approved as to content:
,ty ttorney ity ministrat icer
Commurn ty Deve opment Department
4F RESOLUTION NO. 3876 (1979 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 78:174
LOCATED AT 204 - 290 MADONNA 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 Minor Subdivision No. 78 -174 and the Planning Commission's recommenda-
tions, staff recommendations and reports thereon, makes,the following
findings:
1. The proposed parcel map and design are consistent with the General Plan..
2. The site is physically suited for the proposed type and density of develop. =_.::
ment which is permitted by the C -T 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 ease
ments for access through, or use of, property within the proposed
subdivision.
SECTION 2. That the approval of the tentative map for Minor Subdivision
78 -174 be subject to the following conditions:
1- ..'Subdivider shall install curb, gutter, sidewalk and street pave -out across
Madonna Road frontage of Parcel A to the approval of the Public Services
Department prior to final map approval.
2. Sewer lift station fees for Parcel A are due at the time of development.
This shall be noted on the final map.
3. All areas subject to inundation (as shown on HUD Flood Insurance Rate
maps) shall be shown on the final map, to the approval of the City
Engineer.
4. All new lot corners shall be staked by a registered civil engineer or
licensed surveyor.
5. Subdivider shall install street trees to the approval of the Public
Services Department, prior to final map approval.
On motion of Councilman Dunin, seconded by Councilman Bond,
and on the following roll call vote:
AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOE: None
ABSENT: None
The foregoing resolution was passed and adopted this 19th
day of June, 1979.
ATTEST:
.� :
376
I
Minor Subdivision 78 -174
Approved as to form:
City 'Attorney
40
(1979)
Approved as to content:
,ty mimstr t e Ufficer
Community Development Department
N
RESOLUTION NO. 3875 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING PARTICIPATION BY THE CITY
IN A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES.
WHEREAS, the Council of the City of San Luis Obispo desires to
provide certain benefits for its employees or independent contractors as
part of their compensation; and
WHEREAS, Council desires to authorize and approve entering into a
Deferred Compensation Plan for those eligible to participate as designated
by the City of San Luis Obispo;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. In order to accumulate the appropriate funds to meet the
City's obligation to pay benefits to participants.in accordance with the
Deferred Compensation Plan, the Council does hereby authorize and approve
the purchase of insurance and /or annuity contracts as issued by the Hartford
Variable Annuity and Insurance Company in such amounts as may be appropriate:
to provide plan benefits.
SECTION 2. It is the intention of the said council that the payments
made by the City of San.Luis�,Obispo for such insurance and /or annuity con-
tracts will not currently be considered as income paid to the employees or
independent contractors concerned.. Thus the City of San Luis Obispo will be
the owner, beneficiary and have all rights under the said insurance or annuity
contracts and such contracts sha11'be held as a general, unpledged and un-
restricted asset of the City.'
SECTION 3. The said Council hereby authorizes the City Administrative
Officer of "the City of San Luis Obispo to'act on its behalf in respect to
R 3875
Resolution No. 3875 - (1979 Series)
these insurance or annuity contracts and to formulate rules and procedures
for the purchase and administration of them.
SECTION 4. Notwithstanding any provisions of this resolution the
City reserves the right to review and disapprove any Deferred Compensation
Plan presented to it by the Hartford Variable Annuity and Insurance Company
for approval.
On motion of Councilman Dunin seconded by Councilman Bond
and on the following roll ca --ll vote:
AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None.
the foregoing resolution was passed and adopted this 19th day of June
19 79 .
ATTEST:
poeroel- Cre—AVJ. H. -Fitzpatrick
ta /
Approved,as to form:
City Attorney
Approved as to content:
RESOLUTION NO. 3874 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A THIRD AMENDED AGREEMENT WITH
JENKS $ HARRISON FOR CONSULTING ENGINEERING SERVICES
IN CONNECTION WITH WASTEWATER TREATMENT AND DISPOSAL
FACILITIES.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. This Council hereby approves an agreement with Jenks $
Harrison, for consulting engineering services in connection with wastewater
treatment and disposal facilities, as set forth in the agreement attached
hereto marked Exhibit "1" and its attached Exhibits. The Mayor is authorized
to execute said agreement on behalf of the City.
SECTION 2. Copies of said agreement shall be maintained on file in
the offices of the City Clerk and the Director of Public Services. The
Director of Public Services shall act as Grantee Reviewer and shall forward
copies of this resolution and the agreement to appropriate agencies.
On motion of Councilman Jorgensen ,seconded by Councilman
Bond , and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 19th day of June
1979. 1
T or Lynn R. Cooper
ATTEST:
Ciery Cl-e.d'. H. Fitzpatrick
R 3874
�.i
Resolution No. 3874
Approved as to form:
(1979 Series)
Approved as to content:
City Attorney City Administrative Officer
// o 0* /7 �
Director of Public Services
-2-
ORIGINAL
THIRD AMENDMENT TO AGREEMENT
CONSULTING ENGINEERING SERVICES IN CONNECTION WITH
WASTEWATER TREATMENT AND DISPOSAL FACILITIES
This Third Amendment to Agreement, made and entered into this 19th
day of June , 1979, by and between the CITY OF SAN LUIS OBISPO,
California, hereinafter referred to as the "CITY ", and. JENKS & HARRISON, INC.,
(formerly known as Jenks B Adamson), Consulting Civil and Sanitary Engineers,
Palo Alto, California, hereinafter referred to as the "ENGINEER"
W I T N E S S E T H
WHEREAS, CITY and ENGINEER entered into an AGREEMENT for Consulting
Engineering Services in Connection with an Improvements Program for CITY'S
Wastewater Treatment and Disposal Facilities, said AGREEMENT being in the
form of an ENGINEER's Proposal formally accepted by the CITY on March 31.,
1975, said accepted Proposal hereinafter referred to as the "AGREEMENT"; and
WHEREAS, CITY having received from the State Water Resources Control
Board (SWRCB) concept approval of clean water grants project C -06 -1215, did
commission and authorize ENGINEER to proceed with Step 2 (Design)
engineering work on the Wastewater Treatment and Disposal Facilities unit of
the project by means of the FIRST AMENDMENT TO AGREEMENT, dated September 21,
1977; and
WHEREAS, CITY having received from the SWRCB supplementary concept
Approval of proposed Reclamation Facilities, did commission and authorize.
ENGINEER to proceed with Step 2 (Design) engineering work on the Reclamation
Facilities unit of the project by means of the SECOND AMENDMENT TO AGREEMENT,
dated January 4, 1978; and
WHEREAS, during the prosecution of the design work on the project, and.
as a result of consultations and reviews with City Staff, Engineer, and SWRCB
Staff, the original scope of the project has been significantly modified and
enlarged, due primarily to, but not limited to, the following:
Addition of new flocculator- clarifier, structural and equipment;
new effluent step - aerator structure; additional chlorine storage
and chlorination facilities.; new chlorine contact tank structure
and piping; new chemical feed systems; additional laboratory and
shop facilities; renovation of existing primary clarifier,
structural and equipment; modifications to plant hea&;orks,
structural and equipment; and, modifications to clarifier (No. 3)
pump pit, structural and mechanical; and
WHEREAS, CITY, being satisfied with the performance of the ENGINEER in
the providing of professional services in connection with the Wastewater
Treatment Disposal Facilities project, and recognizing the change and .
increase of scope of these services, deems it reasonable and appropriate to
increase the amount of compensation to the ENGINEER to cover costs and fees
in connection therewith;
- 1 -
G
NOW, THEREFORE, in consideration of their mutual covenants, the parties
hereto agree to amend the AGREEMENT, the FIRST AMENDMENT TO AGREEMENT, and
the SECOND AMENDMENT TO AGREEMENT, as follows:
1. Revised Fee Schedule for Desi
F
n of Wastewater Treatment and Dis
Item B.a., under subheading "FEE SCHEDULES ", (Page 2) of the FIRST
AMENDMENT TO AGREEMENT is hereby modified to read as follows:
a. CITY agrees to compensate ENGINEER for the services described here=
in on the basis of "Cost Plus a Fixed Fee" (CPFF), for each work
item, including "Total Estimated Cost "Fee ", "Contingency ", and
"Total Budget Estimate ", as set forth below:
EPA Form 5700 -41, with attachments; dated April 17, 1979,
attached hereto this THIRD AMENDMENT TO AGREEMENT as "Exhibit A ",
hereby supersedes the previous similar form attached to the
First Amendment to Agreement (As Exhibit A).
Revised Time of Completion for Project Units
A: Item D.2., under subheading "PROSECUTION OF THE WORK: TIME OF
COMPLETION ", (Page 4) of the FIRST AMENDMENT TO AGREEMENT is hereby
modified to read as follows-:
2. ENGINEER will deliver, for review, biddable contract documents
(plans and specifications) to the SWRCB staff on or before
August 15, 1979, (Wastewater Treatment and Disposal Facilities
project unit).
B: Item D.2., under subheading "PROSECUTION OF THE WORK: TIME OF
COMPLETION ", (Page 4) of the SECOND AMENDMENT TO AGREEMENT is hereby
modified to read as follows:
2. ENGINEER will deliver, for review, biddable contract documents
(plans and specifications) to the SWRCB staff on or before
.October 15, 1979, (Reclamation Facilities project unit).
3. Original AGREEMENT and AMENDMENTS in Force
Except as amended herein, the conditions, obligations and benefits of
the original AGREEMENT, FIRST AMENDMENT TO AGREEMENT, and SECOND
AMENDMENT TO AGREEMENT, shall remain in full force and effect.
-. 2 -
Total
Total
Description
Estimated
Budget
of Work
Cost Fee Contingency
Estimate
Step 2
(Design)
$203,590 $19,910 $5,200
$228,000
EPA Form 5700 -41, with attachments; dated April 17, 1979,
attached hereto this THIRD AMENDMENT TO AGREEMENT as "Exhibit A ",
hereby supersedes the previous similar form attached to the
First Amendment to Agreement (As Exhibit A).
Revised Time of Completion for Project Units
A: Item D.2., under subheading "PROSECUTION OF THE WORK: TIME OF
COMPLETION ", (Page 4) of the FIRST AMENDMENT TO AGREEMENT is hereby
modified to read as follows-:
2. ENGINEER will deliver, for review, biddable contract documents
(plans and specifications) to the SWRCB staff on or before
August 15, 1979, (Wastewater Treatment and Disposal Facilities
project unit).
B: Item D.2., under subheading "PROSECUTION OF THE WORK: TIME OF
COMPLETION ", (Page 4) of the SECOND AMENDMENT TO AGREEMENT is hereby
modified to read as follows:
2. ENGINEER will deliver, for review, biddable contract documents
(plans and specifications) to the SWRCB staff on or before
.October 15, 1979, (Reclamation Facilities project unit).
3. Original AGREEMENT and AMENDMENTS in Force
Except as amended herein, the conditions, obligations and benefits of
the original AGREEMENT, FIRST AMENDMENT TO AGREEMENT, and SECOND
AMENDMENT TO AGREEMENT, shall remain in full force and effect.
-. 2 -
IN WITNESS WHEREOF, CITY and ENGINEER have executed this THIRD AMENDMENT
TO AGREEMENT the day and year first above written.
CITY OF SAN LUIS OBISPO
s /LYN?4 R. COOPER
Mayor Lynn R. .Cooper
ATTEST: S/i.H.:it'L Asro vYl
City Clerk J.H. Fitzpatrick
Approved as to Form:
City Attorney
Approved as to Content;
City Administrative Officer
Director of Public Services
JENKS $ HARRISON, INC.
esident
Executive Vice President /Secretary,,,,,
- 3 -
COST OR PRICE SUMMARY FORMA OR SUBAGREEMENTS UNDER U.S. E :;RANTS
(See accornpanring instructions before completing this form..)
Fora, Approved
LIMB No. 158 -RO144
PART I- GENERAL
1. GRANTEE
CITY OF SAN LUIS OBISPO (California)
Z. GRANT NUMBER
C -06 -1215
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
JENKS & HARRISON, INC. (Consulting Engineers)
4. DATE OF PROPOSAL
Revised: April 17, 1979
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (lnclode ZIP code)
Jenks & Harrison
543 Byron Street
Palo Alto, CA 94301
6. TYPE OF SERVICE TO BE FURNISHED
Engineering Design (Step 2)
Services for Wastewater Treatment
and Disposal Facilities
PART II -COST SUMMARY
7. DIRECT LABOR (Specify labor categories)
ESTI-
MATED
HOURS
HOURLY
RATE
ESTIMATED
-
COST
TOTALS
From Attached Worksheets
781801-
' DIRECT LABOR TOTAL:
--
S 783 801-
B. INDIRECT COSTS (Specify indirect coat pools)
RATE
• BASE _
CIMA
`'r `_'�-
- -
S
S
Combined Overhead Factor
1.26
78-)8-0-1--
997289-
INDIRECT COSTS TOTAL:
- "` -` ��•
_ " - - -���
S 99,289-
9. OTHER DIRECT COSTS
_
a.TRAVEL (Included in combined overhead, above. No direct
ECOST7ED
_
5'.
(1) TRANSPORTATION
'•�'�- ''-
(2) PER DIEM
S
TRAVEL SUBTOTAL:_
- - -
b. EQUIPMENT, MATERIALS, SUPPLIES (Specify categories)
QTY
COST
ESTIMATED
COST
Included in combined overhead,
bove)
S
S
No direct)
EQUIPMENT SUBTOTAL:.
C. SUBCONTRACTS
ESTIMATED
COST
S
From Attached Worksheets. on
0-
SUBCONTRACTS SUBTOTAL: -
S
d. OTHER (Specify categories)
ESTIMATED
COST
.. ..
�' `•• _
OTHER SUBTOTAL: • _ _ -S
'-
e.; OTHER DIRECT COSTS TOTAL: _
S - -. _ '�
S 25 500 —
ID. TOTAL ESTIMATED COST
203,590—
11. PROFIT Profit & Margin = FIXED FEE
19 2 0-
t2- TOTAL'PRiCE Total Rev.Est. Price
222.800-
EPA Farm 570041 (2 -76) Contingency on Cost 51200-
TOTAL REVISED EST. BUDGET AMT. $ 228,000
"EXHIBIT A" (over)
PART III -PRICE SUMMARY
COMPETITOR'S CATALOG LISTINGS. (—'OUSE ESTIMATES. PRIOR QUOTES �_.d APKET PROPOSED, ,
t3.
(Indicate beam for price comparison) PRIC E(SI PRICE
Rep Attnched WorkSheets
_-' - -
PART IV- CERTIFICATIONS
14, CONTRACTOR
140. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
YES CD ND (7f -Yes" give naie add miss end fe7ephone n=.ber of reviewing office)
EPA AUDIT OF GEN. BUSINESS AND ALL EPA PROJECTS, THROUGH VASQUEZ, QUEZADA AND
NAVARRO (CPA FIRM): EPA CONTACT: MR. ALLEN ORAND (S.F. WESTERN AUDIT DIV. OFFI
AUDIT COMMENCED 9/78, AND CONTINUING.
,b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
41 CFR 1 -15 -4
14c.
This proposal is submitted for use in connection with and in response to (1) continuation of original
engineering services agreement with grantee. . This is to certify to the best of my knowledge
and belief that the cost and pricing data summarized herein are complete, current, and accurate as of
(2). 9/77; revised thru 10179 and that a financial management capability exists to fully and accu-
rately account forthe financial transactions under this project. I further certify that I understand that the
subagreement price may be subject to downward renegotiation and /or recoupment where the above cost and
pricing data have been determined, as a result of audit. not to have been complete, current and accurate as
of the date above.
(3) April 17, 1979
DATE OF EXECUTION SIG ATOF PROPOSER
Blaine L. Harrison, Exec. Vice Press
TFNKS & HARRISON, INC,
TITLE OF PROPOSER
14. GRANTEE REVIEWER
I certifv that I have reviewed the cost /price summary set forth herein and the proposed costs /price appear
acceptable for subagreement award.
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
16. EPA REVIEWER (7f applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
EPA Form 5700 -41 (2 -76)
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RESOLUTION NO. 3873 J (1979 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GRANTING APPROVAL OF
TENTATIVE TRACT MAP NO. 772 LOCATED AT
1680 SOUTHWOOD DRIVE
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 772 and the Planning Commission's recommendations, staff recommenda-
tions and reports thereon, makes the following findings:
1. The tentative map is consistent with the general plan.
2. The design and improvements of the proposed subdivision are consistent
with the General Plan.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not likely__ .
to cause public 'health problems;.
7. _The design:of the subdivision o "r the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision.
8. Variances are granted for lots 2, 3, 4, 8 and 16 for required front
footage, lot 8 for required average depth, lot 23 for area, front footage
and depth and lot 24 for front footage with the following findings
a. There are unique site characteristics_ includi_nq a. drainage channel__ _
and unusual tract dimensions.
b. The spirit -of intent of the subdivision regulations are fulfilled in
that the overall subdivision provides for lots compatible with the
surrounding neighborhood and suitable for construction of homes.
c. The variances are not a grant of special privilege because of a. and
b. above.
9. An exception to standard street requirements is granted for Sequoia Street
to provide street access with lesser street width for a limited number of
houses.
SECTION 2. That the approval of the tentative map for Tract 772 be sub-
ject to the following conditions:
Streets
1. Subdivider shall dedicate vehicular access rights to the city along
Southwood Drive on lots.l, 19 and 22.
2. Subdivider shall provide frontage improvements along Southwood Drive tract
frontage.
3. Subdivider shall install traffic control devices as required by the City
Engineer.
4. Subdivider shall provide 'no parking' signs for one side of Sequoia-Street
cul -de -sac street (hillside street standard permits parking on one side
only).
5. Cul -de -sac street shall be named Barranca Court.
6. Subdivider shall dedicate 12 feet for full length of Sequoia Street and
shall widen the street to 24 feet and provide curbs along tract frontage
(sidewalks along Sequoia Street tract frontage are hereby waived).
R 3873
0 .•
JI
Tentative Map 772
(1979)
Subdivider shall proVide.:blanket coat on Sequoia Street as required
by City..Engineer.
Utilities
7. Water and sewer shall be extended in Sequoia.:Street.as required by the
City Engineer.
8. Water and sewer shall be extended in cul -de -sac street as required by the
City Engineer.
9. Water line shall be looped to adjacent tract to the west in an easement
as required by City Utilities Engineer (this requirement may be satisfied
by larger dead -end line as required by the City Utilities Engineer).
10. Fire hydrants shall be provided as required by city fire code.
11. Water and sewer charges shall be paid prior to recordation of the final
map, as required by the City Engineer.
Drainage
12. Drainage easements shall be dedicated to city to accommodate the two drainage
courses traversing this property to the satisfaction of the City Engineer.
Proposed structures shall be allowed to be cantilevered over said easements
provided clearances are obtained satisfactory to the City Engineer.
13. All offsite and onsite cross -lot drainage shall be intercepted and diverted
to an acceptable point of disposal, as determined by the City Engineer.
All drainage devices shall be privately maintained except where they lie
within public easements. Calculations shall be submitted by a Civil Engineer
indicating the drainage facilities (on and off site) are adequate to handle
this development to the satisfaction of the City Engineer.
Vegetation Protection
14. Final grading plan shall contain provisions to save trees adjacent,to cul -de-
sac street. Said provisions shall be approved by the tree committee staff..
15. Removal of certain trees on lots 22, 23 and 24 is hereby authorized consis-
tent with building details on tentative map. Specific tree removals shall
be authorized by the tree committee consistent with said detail.
16. Subdivider shall trim remaining eucalyptus trees as required by the tree
committee staff.
17. Final map shall note a.riparian protection area along creek channel on the
west boundary of the tract. Said area shall be established by survey in
consideration of recommendations in consulting biologists report submitted
with this map._ Final map shall contain a note that no building, grading or
vegetation removal shall occur within this area.
Parks
18. Subdivider shall pay fees in lieu of park dedication equal to the fair market
value of .372 acres consistent with section 9100.3.12.4(b) of city subdivision
regulations.
r
•
Tentative Map 772
(1979)
Miscellaneous
19. A note shall be placed on the final map stating that lots 11 and 12 and
portions of lot 10 are above the city water service limit and desired
water pressures may require individual pumps.
20. A note shall be placed on the final map indicating that construction on
lots 3, 229 23 and 24 of this tract shall be subject to approval of the
City of San Luis Obispo Architectural Review Commission.
21. Lots shown on the tentative map with less than 20 -foot street yard set-
backs shall be approved by the Board of Adjustments for setback variations.
22. Subdivider shall pay any applicable fees for reimbursements for streets and
utilities improvements in Southwood Drive.
23• Subdivider shall install street trees to'the approval of the Public
Services Department.
On motion of Councilman Jorgensen, seconded by Councilman Bond,
and on the following roll call vote:
AYE: Councilmembers Billig, Bond, Dunin, Jorgensen,and Mayor Cooper
NOE: None.
ABSENT: None
The foregoing resolution was passed and adopted this 19th day of June,
1979.
ATTEST
Po"r'a-H. Fitzpatrick
Approved as to form:
i
ty Attorney
Approved as to content:
014GEM
Recording Requested By:
CITY-OF-SAN LUIS OBISPO
When Recorded Please Return To:
Q.F,.6gS 0mcz
i.4v Ohhzrka
This. resolution .not . recorded,
- to.be. redone.
%;jzY ct San RESOLUTION 140. 3872 (1979 Series)
P.O. Box 381
S= L= 3340 TY OF SAN LUIS
A RESOLUTION OF THE COUNCIL OF THE CI
OBISPO FINDING THAT A 20 -FOOT ALLEY IN THE BLOCK
BOUNDED BY SANTA ROSA, TORO, MARSH, AND HIGUERA
STREETS IS NO LONGER NEEDED FOR STREET PURPOSES AND
ABANDONING SAME WITH RESERVATIONS FOR UTILITIES
EASEMENTS.
WHEREAS, the Planning Commission, after hearing, has determined that
the 20 -foot alley is no longer needed for street purposes; and
WHEREAS, this council held a public hearing on June 5, 1979, to
consider the abandonment of the 20 -foot alley in the block bounded by Santa
Rosa, Toro, Marsh, and Higuera Streets as shown on the map marked Exhibit "A ",
attached hereto and incorporated herein by reference; and
WHEREAS, this council finds that the described 20 -foot alley in the
block bounded by Santa Rosa, Toro, Marsh, and Higuera Streets is not needed
for present or future street purposes except for reservation of the entire
abandoned portion as a utilities easement for present and future uses;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. that the 20 -foot alley in the block bounded by Santa Rosa,
Toro, Marsh, and Higuera Streets as.shown on Exhibit "A" attached, is hereby
abandoned subject to the reservation of utilities easements of record.
SECTION 2. That the City Clerk shall cause a certified copy of this
Order of Abandonment, duly attested under the seal of the City, to be recorded
in the San Luis Obispo County Recorder's Office.
On motion of Councilman Jorgensen , seconded by Councilman Dunin
and on the following roll call vote:
R 3872
U
O O
resolution No. 3872
(1979 Series)
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5th day of June ,
1979.
ATTEST:
Ci H. Fitzpatrick
Approved as to form:
City Attorney
Approved as to content:
City Admini rative Officer
/ � w
City E ineer
Community Dfvelopm-qG Director
Exhibit A
- �T.
,Armnnrnie
h4J'�iTA
t�Q74
�
F-
�
H
CJ�X7
S 5T.
Exhibit A
U
RESOLUTION NO. 3871 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: Mission Plaza Arbor CITY PLAN NO.: C -29
ESTIMATE: $26,000.00 BUDGET ACCOUNT: 40- 5761 -637
BIDDER: Conco Construction, Inc. BID AMOUNT: $26,591.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Jorgensen seconded by Councilwoman _Billi¢ ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed_ and
1979.
ATTEST:
Ci lerk .H..Fitzpatrick
Approved as to form:
City Attorney George Thacher
Funds Avail
Fin nc or R. Muravez
this 5th day of June
Approved as to content:
Ze
AM
City Admin strative Officer Leland Walton
<< RESOLUTION NO. 3870 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN
THE CITY AND RED STAR INDUSTRIAL SERVICE FOR
UNIFORM AND LAUNDRY SERVICE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
1. That certain agreement-, a copy of which is on file in the
Office of the City Clerk, between the City and Red Star Industrial
Service for uniform and laundry service from July 1, 1979 . to June 30, 1981,
is hereby approved and the Mayor is authorized to execute same.
2. The City Clerk shall furnish a copy of this Resolution together
with a copy of the agreement approved by it to: Red Star Industrial
Service and the Finance Department.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig,
and on the following roll call vote:
AYES: Councilmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of June, 1979.
ATTEST:
Approved as to form:
City Attorney
Approved as to content:
City Administrative Officer
R 3870
AGREEMENT
This Agreement, dated as of the date affixed beside the signature
hereto of the City of San Luis Obispo, is entered into between the City
of San Luis Obispo (hereinafter called "City ") and Red Star Industrial
Service of Lompoc, California (hereinafter called "Laundry ").
WITNESSETH:
WHEREAS, Laundry was the successful low bidder upon a request for
bids for laundry service for City uniforms.
NOW, THEREFORE, City and Laundry agree as follows:
1. Laundry agrees to provide laundry service for City uniforms as
set forth in the Notice to Bidders and Specifications issued by City, copies
of which are attached hereto, marked Exhibit "A" and "B" respectively, and
thereby incorporated herein.
2. City agrees to pay Laundry Eighty -eight Cents ($.88) per uniform
change furnished by Laundry, payable on monthly invoices.
3. This contract shall commence July 1, 1979 and shall end June 30, 1981.
4. Laundry shall comply with all applicable provisions of State
and Federal law, including, without limitation, all applicable laws concerning
employee benefits and working conditions and non- discrimination in hiring
personnel.
5. Laundry shall not assign this contract nor sub - contract it as a
whole without the written consent of City, nor shall the Laundry assign any
monies due or to become due to it hereunder without the previous written
consent of City.
6. Changes in this agreement shall become effective only when
written in the form of a supplemental agreement and signed by both parties
hereto.
7. If Laundry should be adjudged a bankrupt, or if it should make
a general assignment for benefit of creditors, or if it should be placed
in receivership on account of insolvency, the City shall have the right,
at its sole option, to terminate this agreement upon fiften (15) days
written notice to Laundry.
M
8. All.notices from one.party to the,other in connection with this
agreement shall be deemed delivered when deposited in the U.S. Mail, stamped
and addressed to the other party at the following address:
City: City Clerk
City of San Luis Obispo
Post Office Box 321
San Luis Obispo, CA 93406
Laundry: Red Star Industrial Service
139 South "A" Street
Lompoc, CA 93436
IN WITNESS WHEREOF, this agreement is executed by both.parties.
RED STAR INDUSTRIAL SERVICE
Date:
Date: 455 z2 �� �z
ATTEST:
y CleA
Approved as to form:
City Attorney
CITY OF-\SAN LUIS OBISPO
-2-
i
Director of Public Services
NOTICE TO BIDDERS
Notice is hereby given that sealed bids will be received by
the City of San Luis Obispo at the Office of the City Clerk, City Hall,
990 Palm Street (mailing address P.O. Box 321), San Luis Obispo, California,
93406, up to 3:00.p.m. Friday,- June 1, 197.9 , and then publicly
opened and read, for furnishing to said City the following service as des-
cribed in specifications on file in the Office of the City Clerk to which
reference is hereby made for further particulars.
UNIFORM AND LAUNDRY SERVICE FOR APPROXIMATELY 63
EMPLOYEES. TWO YEAR CONTRACT. THREE CHANGES FOR
FIFTY -SIX EMPLOYEES AND FIVE CHANGES FOR SEVEN
EMPLOYEES.
All proposals shall be on the form furnished by the City,
sealed and plainly marked, "Proposal for Uniform and Laundry Service."
Prices shall include all applicable state and /or other taxes.
The City Council reserves the right to accept such bid as may
be deemed most advantageous to the City, the right to waive any informality
in a bid and the further right to reject any and all bids.
51J.H. FITZPJi:;? CK
J. H. Fitzpatrick, City Clerk
City of San Luis Obispo, California
EXHIBIT "A,9
('mil
Bid Specifications_for_Uniform and Laundry Service for Fiscal _Years
1979 -1980 and 1980 -1981: - -
1. Two -year contract.
2. Definition of uniform:. One shirt and pants combination or one pair of
coveralls.
3. Contractor to submit quote on.flat rate per uniform change on the
basis of: 3 changes per week for approximately 56 employees, 5 changes
per week for approximately 7 employees.
4. Lettering to be supplied at rates including tax, not to exceed the
following:
employees first name.above left pocket - $ 0.40
employees division (streets, utilities, or parks). above right
pocket - $ 0.40
5. Emblems to be supplied at rates including tax, not to exceed the
following: 3" high by 4" wide attached to left shoulder (see attached
facsimile), approximately 3" down on sleeve - .$1.25.
6. Color of uniform: Light (safety? Yellow - shirt
Dark (service) Blue - pants
Medium (service) Blue - coveralls
7 Type of uniform: Two -piece (shirt and western.cut pants) for approximately
66 employees. One -piece coveralls for approximately 33 employees.
S. Fabric: Uniforms to be a combination of 65% Fortrel Polyester and
35% combed cotton or equal for approximately '55 employees. Uniforms
to be 100% cotton (or non- allergenic) or equal for approximately ten (10)
employees.
9. Delivery of clean, pressed uniforms to be on hangars.
10. .Delivery to be at the following locations:
City Hall., 990 Palm Street
City Recreation Center, 864 Santa Rosa Street
City Street Maintenance Yard, 642 Emily Street
City Utilities Maintenance Yard; 1330 Buchon Street
Sewer Treatment Plant, Prado Road
Water Treatment Plant, Stenner Creek Road
11. Fitting employees for uniforms shall be at contractor's expense.
12. Contractor shall be responsible for repair of uniforms, sewing names
and emblems on, exchanging sizes when necessary, and furnishing laundry
.repair tags.
9
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RESOLUTION NO. 3869 (19 79 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
WARREN F. DOLEZAL FOR INSTALLATION OF CERTAIN.IM-
PROVEMENTS ON SOUTH HIGUERA STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Warren F. Dolezal for installation of certain improvements on South Higuera
Street near Los Osos Valley Road
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: Warren F. Dolezal,
and the City Engineer.
On motion of Councilman Dunin , seconded by Councilwoman Billig
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Done
the foregoing Resolution was passed and adopted this 5th day of June ,
19 79.
ATTEST:
y 1 / J.H. Fitzpatrick
R 3869
Approved as to form:
Ci y Attorney
A
7D
Approved as to content:
City Admini trative Officer
i
City ineer
AGREEMENT
THIS AGREEMENT, dated this 5th day of June , 1979,
by and between Warren F. Dolezal , herein referred to as "Developer," and
the CITY OF SAN LUIS OBISPO, herein.referred to as "City."
WITNESSETH:
WHEREAS, Developer wishes to construct approximately 300 ft of 8" PVC
water main and standard fire hydrant assemblies on the easterly side of South
Higuera Street near the intersection of Los Osos Valley Road, and
WHEREAS, Developer wishes the City to accept these improvements for
perpetual maintenance, and
WHEREAS, the City will not accept these improvements without city inspection.
NOW THEREFORE, in consideration of their mutual convenants and promises
contained herein, the:parties hereto agree as follows:
1. Developer does hereby agree to construct and install the improvements
described above in accordance with approved plans and specifications on file in
the office of the City Engineer, City of San Luis Obispo, and to deposit with
the City, the sum of $ 10000= from which deposit the. City will pay the salary
And expenses of an inspector to inspect installation of the improvements.
2. Upon payment of the sum set out in Section 1 above, City will provide
an inspector for the improvements to guarantee that the work is completed in
accordance with the plans and specifications. Any unexpended funds will be
returned to the Developer. If the deposit proves to be insufficient, additional
funds shall be deposited to cover the required amount..
IN WITNESS WHEREOF, this agreement has been execute
ATTEST.:
Ci erc J.H. Fitzpatrick
Approved as to form:
City Attorney
Z'Vadrren F. Dolezal
City of Sin joeis Obispo,Lynn R. Coo
Approved as to content.:
City Adminis ative Office
(� x
,City Vngineer
RESOLUTION NO. 3868(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING AN OFFER OF DEDICATION OF A STORM DRAIN EASEMENT
AND APPROVING AN AGREEMENT WITH ALICE RANDALL FOR THE INSPECTION
OF THE STORM DRAIN.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION I. That certain agreement, a copy of which is attached hereto,
between Alice Randall and the City of San Luis Obispo, is hereby approved and the
Mayor is authorized to execute same.
SECTION 2. The offer of dedication of the storm drain maintenance easement
is hereby accepted.
SECTION 3. The City Clerk shall furnish a copy of this resolution together
with the agreement to Alice Randall and the City Engineer and cause the easement
to be recorded at the Office of the County Recorder, County of San Luis Obispo.
On motion of Councilman Dunin , seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
40ES: Nonec*_l
ABSENT: None
the foregoing resolution was passed and adopted this
1979.
ATTEST:
r�Wrr6i;ff—J H F
itzpatrick
Approved as to form:
1
City Attorney
yor
R..
day of June ,
Approved as to content:
C40
City A ministrative Officer
City ag ineer
R 3868
a
AGREEMENT
THIS AGREEMENT, dated this 7th day of June, 1979 , by and
between ALICE RANDALL, herein referred to as "Developer," and the CITY OF
SAN LUIS OBISPO, herein referred to as "City ".
WITNESSETH:
WHEREAS, Developer wishes to construct a culvert of 42" corrugated metal
pipe approximately 136 feet long,. and
WHEREAS, Developer wishes the City to accept these improvements for
perpetual maintenance, and
WHEREAS, City will not accept these improvements without city inspection.
NOW THEREFORE, in consideration of their mutual convenants and promises
contained herein, the parties hereto agree as follows:
1. Developer does hereby agree to construct and install the improvements
described above in accordance with approved plans and specifications on file
in the office of the City Engineer, City of San Luis Obispo, and to deposit
with the City, the sum of $100.00 from which deposit the City will pay the
salary and expenses of an inspector to inspect installation of the improvements.
2. Developer does hereby agree to pay the cost of any soil compaction
tests which may be required.
3. Upon payment of the sum set out in Section 1 above, City will provide
an inspector for the improvements to guarantee that the work is completed in
accordance with the plans and specifications. Any unexpended funds will be
returned to the Developer.
IN WITNESS WHEREOF, this agreement has been executed by:
ATTEST:
s/J.H. FITZPATRICK
City Clerk J.H. Fitzpatrick .
Approved as to form:
Cit Attorney
Developer - Alice Randall
sILYNN R. COOPER
Mayor - City of San Luis Obispo 'Lynn R...CooI
Approved as to content:
City Admi istrative Officer
City E gineer
Public Services Director
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RECORDING REQUESTEC�
AND WHEN RECORDED MAIL TO
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NAME
ADDRESS
CITY &
STATE L
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO
Documentary transfer tax 8 ........................................
NAME
❑ Computed on full value of property conveved, or
F-1 Computed on full value less liens & encumbrances
ADDRESS
remainin- thereon at time of sale.
CITY &
STATE L
Signature of declarant or agent determininlg tax - firm name
❑ Unincorporated area ❑ City of ... ...............................
L-
G1 ant Deed
AYN
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ALICE RANDALL
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:
Being a portion of Lots II and 12 of Block 5 of Norton's Addition
to the City of San Luis Obispo as per map filed in Book A of Maps
at Page 79 in the Office of the County Recorder of said County,
(See Exhibit A)
Dated May 4, 1979
STATE OF CALIFORNIA
COUNTY OF San Luis Obispo 7 SS
On May 4, 1979 before me, the under.
signed, a Notary Public in and for said County and State, personally
appeared Alice M. Randall---------- - - - - --
, known to me
to be the person whose name ' S subscribed to the within
instrument and acknowledged that She executed the same.
Signature of Notary
Title Order N
Alice M. Randall
:ecrow N
FOR NOTARY SEAL OR STAMP
CIIII111! 1liliLli [IIIitUHI 1131717 tltltlti I MIIlInllt/®
MARILYN PERRY c
;.. NOTARY PIIBUC — CALIFORNIA
PRINCIPAL OFFICE IN -
SAN LUIS OBISPO COUNTY -
My Commission Expiro: July 20, 1979 -
mmuuwmlmnunwuuuuuumuuuuututID
L -I (G.S) (Rev. 5 -57) 8lot• ...., A� ',er -err A
C'
An easement for maintenance
a strip of land 10 -feet in
access using the driveways
said 10 -foot strip of land
N
EXHIBIT A
and repair of 'a public storm drain over
width, along with the right of reasonable
existing on said lots, the centerline of
being described as follows:
Beginni.ng at the southeast corner of the aforementioned Lot 11, thence
north along the east line of said Lot 11, a di- stance of 17.00 -feet to
the true point of beginning; thence, North 43 044122" West along said
public storm drain a distance of 144.6 -feet more or less to the west
line of the aforementioned Lot 12. The sidelines are foreshortened
or lengthened so as to terminate at the respective lot Lines.
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 Grant. Deed
dated May 4 1979, from Alice Randall
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: June 7, 1979
CITY OF SAN LUIS OBISPO
ATTEST:
W.H. FITZPATRICK
J.H. Fitzpatrick, City Clerk
AYNN R. COOPER
Lynn R. Cooper, Mayor
,a
- -' , 10/
RESOLUTION NO. 3867 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
T.B.D. ENTERPRISES FOR WIDENING OF ORCUTT ROAD.
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
T.B.D. Enterprises for widening of Orcutt Road at McMillan Avenue
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: T.B.D. Enterprises
and the City Engineer.
On motion of Councilman Dunin seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Councilmembers Billig, Dunin, Jorgensen, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing. Resolution was passed and adopted this 5th day of June ,
1979.
ATTEST:
Ci lLrrk J.H. Fitzpatrick
R 3867
0
Approved as to form:
City Attorney
lei
Approved as to content.:
4
City Admin trative Officer
1
AGREEMENT
This Agreement (hereinafter. "Agreement "), is entered into between
the City of San Luis Obispo, a municipal corporation (hereinafter "City "),
and T.B.D. Enterprises, a California general partnership (hereinafter
T.B.D. "), on the following terms and conditions.
WITNESSETH:
WHEREAS, it is in the public interest and in the best interests of
the City to acquire title to the area being dedicated by deed at no cost
to the City, so that the City can further implement its street widening
policy,
NOW, THEREFORE, in consideration of the following mutual benefits„
agreements and promises set forth herein, the parties agree as follows:
1. The City will, at its expense, paveout and widen Orcutt Road,
consistent with City road standards, adjacent to and directly in front of
Lots Land 2 of the Orcutt Subdivision, as more fully described in
Exhibits "A"& "B "., attached hereto, to the gutter line after the frontage
improvements have been installed.
2. The city will, pursuant to "standards to be prepared by City at
City's sole discretion, at`its expense, widen the bridge adjacent.to
said property, make necessary improvements and repairs to the water
distribution system adjacent to said property, perform whatever work it
deems necessary to expand or maintain the creek adjacent to said-property
and will install any necessary or required drop inlets on or adjacent to
said property. City shall not be obligated to perform any of such work
until funds are available and have been appropriated by the City Council.
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3. T.B.D. will, at its expense, install curbs, gutters, and sidewalks
adjacent to and directly in front of said Lots 1 and 2..
4. Upon demand by City, T.B.D. will post a deposit with City in lieu
of frontage improvements across the creek, in an amount to be determined,
based upon twenty ($20.00) dollars per lineal foot.
5. T.B.D. will grant to City a construction easement for bridge work
and creek modifications in conjunction therewith prior to commencement of
work.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective - __June 7 1979.
ATTEST:
s/J.H. FiTZPATRiCK
City Clerk J.H. Fitzpatrick
.CITY OF SAN LUIS OBISPO
A Municipal Corporation
BY: 81YNN R. COOPER
Lynn R. Cooper, Mayor
1111
STATE OF CALIFORNIA l(
COUNTY OF- _ San Luis Qbl Spo as.
On May- 30, 1979 , before me, the undersigned, .a Notary Public in and for
said State, personally appeared Jerry Holland and Garry Holdgraffer
known to me to be the partners of the partnership
that executed the within instrument and acknowledged to me that
such partnership executed the same.
WITNESS my hand and official seal.
Signature
icia nn iac maizi
Name (Typed or Printed) (This area for official notarial seal)
ALICIA ANN GIACOMAIZI
;�• ;;:;:
NOTA1 P113LIC
SAIL LUIS OBISPO COUNTY
CAUF ?3NIA
My Commission Expires February 2,.1980
Name (Typed or Printed) (This area for official notarial seal)
� G
EXHIBIT "A"
Orcutt Road Property, known as Lots l & 2 as
shown on the map entitled "Map of the Orcutt
Subdivision in the City of San Luis Obispo,
County of San Luis Obispo, State of California,
surveyed by N. Dettrich June 1.9, 1894, recorded
in Book 1, page 19 of Records of Survey in the
office of the County Recorder of said County.
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Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
OFFICE OF THE CITY CLERK
CITY OF SAN LUIS OBISPO
P. 0. Box 321
San Luis Obispo, CA 93406
MAIL TAX STATEMENTS TO:
r�
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX & ................ ...............................
...... Computed on the consideration or value of property conveyed; OR
..... Computed on the consideration or value lass liens or encumbrances
.. remaining at time of sale.
Signature of Declarant or Agent determining tax — Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, T.B:D. ENTERPRISES,
a California general partnership
hereby GRANT(S) to the CITY OF SAN LUIS OBISPO, a municipal corporation,
the real property in the City of San Luis Obispo
County of San Luis Obispo State of California, described as
That portion of the Orcutt Subdivision
as recorded in Map Book I, Page 12 of
Licensed Survey Map in the Office of
the County Recorder as follows:
(1) The southerly 22 feet of Lot l of the
Orcutt Subdivision.
(2) That particular area of Lot 1 bounded
by: the northerly line of the above
described area prescribed in (1) above;
the easterly line of Lot 1; and a curve
having a radius of 20 -Feet and being
tangent to the above described lines,
as shown on attached Exhibit A.
Dated December 1, .1978
STATE OF CALIFORNIA , I
COUNTY OF San Luis Obispo i ss
On December 1, 1978
before me, the undersigned, a Notary Public in and for said
State, personally appeared JERRY HDLTAM and GARRY
HOLEGRAFER, two of the partners of the
Partnership, on behalf of the partnership,
known to me to be the person S whose name s are
subscribed to the within instrument and acknowledged that
they executed the same.
WITNESS my hand and official seal.
Signature la:4� /
T -B..D. ENTERPRISES
.B Z
)7 Y HOLLAND, Partner
B
;. GAR .OLD , Pa r
C�79a C3C'ol7tglgipli7lliT.7if C6tl9ti796L70g6l1R90!!! W 7lSIg
_ LIIaA R. WENTER y
'ten^ NOTARY PUBLIC — CALLFORNIA
PF,!.NaPAL OFFICE W
SAN LUIS OBISPO COUNTY
s hey Commisslon Expires April 6, 1932
nts.s totmnaia�eet�slepaee nimmmus
(This area for official notarial sea[)
1002(10/69)
MAIL 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 Grant Deed
dated December l 1978, from T.B.D. Enterprises.
a California general partnership
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: June 7, 1979
ATTEST:
W.H. FITZPATRICK
J.H. Fitzpatrick, City Clerk
CITY OF SAN LUIS OBISPO
By. s1LYNN R. COOPER
Lynn R. Cooper, Mayor
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
OFFICE OF THE CITY CLERK
CITY OF SAN LUIS OBISPO
P. O. Box 321
San Luis Obispo, CA 93406
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS LINE FOR RECORDER'S
DOCUMENTARY TRANSFER TAX $ ...... _ ........
_.. » ». »...... »..._......
... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
Signature of Declarant or Agent determining tax – Firm Name
API/ 57-7W7
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROBERT L. BULLOCK and
LAURA E. BULLOCK, husband and wife, and the CLARY COMMUNITY PROPERTY TRUST,
each of whom are the owners of an undivided one -half (1/2) interest in the
real Dropperty herein described,
hereby GrRANT(S) to the CITY OF SAPT LUIS OBISPO, a municipal corporation,
the real property in the City of San Luis Obispo
County of San Luis Obispo
That portion of the
as recorded in Map
Licensed Survey Man
the County Recorder
, State of California, described as
Orcutt Subdivision
Book 1, Page 12 of
in the Office of
as follows:
(1) The southerly 22 feet of Lot 2.
(2) That particular area of Lot 2 bounded
by: the northerly line of the above -
described area prescribed in (1) above;
the easterly line of Lot 2; and the
westerly line of Lot 2.
December
.1,
STATE'OF CALIFORNIA I
COUNTY OF 1 ss
San Luis Obispo )
December
on ' 1 1978
before me, the undersigned, a Notary Public in and for said
State, personally appeared Rob r T B i 1 1 o k
ane9 LnnrA F_ Rnl lnr-k
,.,
ROBERT LL BULLOCK
LAURA E. BULLOCK
CLARY
By:
ST
�'!1LLll]L1 Y'1. \:1JL71 \1 U . ,. 'il u.'..—u..
known to me to be the person S whose names are ' t, _nts ttcu >ttesttuuutantntmrurrteetsartn°
subscribed to the within instrument and acknowledged SubtCilbed and sworn to before me this OFFICIAL SEA:
the executed the same. ,(ra `7� = : _ k; r. GIRARD SCHAFFER
Y tp. _,..
WITNESS my hand and official seal, day of 19 —� _i . ����'I• notary Pubroc.,nror��� »
LOS ANGELES
COUNTY
�� /\ 55IO, Expires Feb. 5. 1980
Signature — ��+�+'�� - �2'�'`r �L�j �L �-�G'-- " ^'l.�ra�e6�iA%' e2ticial t•i{o�tar
auuurrtt uciP(utS4ii�aurenntnnmeranr
State of Cal; - Principal Office, Los Angeles County X116 Walker Ave-i tAaDyQ�q&GJ40210
MAIL TAX STATEMENTS AS DIRECTED ABOVE
OFFICIAL S E A.L
A INA E. PRICE
o-4G
xo:+Ry PUSI I. — GCF0RNIA
AN WiS C51Si 0 COUiily
14y Cor, Tnssi:a Ezpirm Ap;. 15. 75'3 .�
December
.1,
STATE'OF CALIFORNIA I
COUNTY OF 1 ss
San Luis Obispo )
December
on ' 1 1978
before me, the undersigned, a Notary Public in and for said
State, personally appeared Rob r T B i 1 1 o k
ane9 LnnrA F_ Rnl lnr-k
,.,
ROBERT LL BULLOCK
LAURA E. BULLOCK
CLARY
By:
ST
�'!1LLll]L1 Y'1. \:1JL71 \1 U . ,. 'il u.'..—u..
known to me to be the person S whose names are ' t, _nts ttcu >ttesttuuutantntmrurrteetsartn°
subscribed to the within instrument and acknowledged SubtCilbed and sworn to before me this OFFICIAL SEA:
the executed the same. ,(ra `7� = : _ k; r. GIRARD SCHAFFER
Y tp. _,..
WITNESS my hand and official seal, day of 19 —� _i . ����'I• notary Pubroc.,nror��� »
LOS ANGELES
COUNTY
�� /\ 55IO, Expires Feb. 5. 1980
Signature — ��+�+'�� - �2'�'`r �L�j �L �-�G'-- " ^'l.�ra�e6�iA%' e2ticial t•i{o�tar
auuurrtt uciP(utS4ii�aurenntnnmeranr
State of Cal; - Principal Office, Los Angeles County X116 Walker Ave-i tAaDyQ�q&GJ40210
MAIL 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 Grant Deed
dated December 1, , 1979,.from Robert L. Bullock and
Laura E. Bullock, husband and wife, and the Clary Community
Property Trust, each of whom_are the owners of an undivided *one-half interest,
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: June 7., 1979
ATTEST:
sIJ.H. FITZPATRiCK
J.H. Fitzpatrick, City Clerk
CITY OF SAN LUIS OBISPO
By s /LYNN R. COOPER
Lynn R. Cooper, Mayor
M
RESOLUTION NO. 3866 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
CAL COAST CONSTRUCTION, INC. AND 84 LUMBER COMPANY
CONCERNING USE OF A WELL AND APPURTENANT FACILITIES.
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
Cal Coast Construction, Inc. and 84 Lumber Company, concerning use of a well
and appurtenant facilities
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: Director of Public
Services, Cal Coast Construction, Inc., and 84 Lumber Company.
On motion of Councilman Dunin
and on the following roll call vote:
seconded by Councilwoman Billi
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of June ,
19 79.
ATTEST:
Clerk J.H. Fitzpatrick
R 3866
Approved as to form:
City Attorney
Approved as to content:
City Admi st tive Officer
Director of Public Services
AGREEMENT FOR USE AND MAINTENANCE OF
WELL AND APPURTENANT FACILITIES
THIS AGREEMENT, by and among 84 LUMBER COMPANY, a Pennsylvania
corporation (hereinafter, "84 Lumber "), CAL COAST CONSTRUCTION,
INC., a California corporation (hereinafter, "Cal Coast "), and
the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter,
"City") .
W I T N E S S E T H:
1. 84 Lumber hereby agrees to convey to City an easement
for City's exclusive use of the property (hereinafter, "premises
conveyed "), described on Exhibit "A" and.delineated on Exhibit
"B ", both exhibits attached hereto and incorporated herein by
this reference.
2. City shall have exclusive use of the existing well, ten
horsepower turbine pump, and appurtenant facilities, on the
premises conveyed for any purpose desired by City.
3. City shall make no improvements or modifications to the
premises conveyed without first obtaining written permission from
84 Lumber.
4. Cal Coast will make all necessary arrangements for the
connection of well facilities on the premises conveyed to City -
owned irrigation facilities located on Lot 14 of the San Luis
Obispo Suburban Tract (hereinafter, "Lot 14 ").
5. Cal Coast shall pay all electrical costs and maintain
the well, pump, and appurtenant facilities on the premises con-
veyed in good working condition for a.period of five years `from
the date of this agreement. Thereafter City shall assume the
obligation for such payment and maintenance.
6. City's rights and obligations hereunder shall terminate
upon City's sale or conveyance of Lot 14 or, if not sold or con-
veyed, upon the permanent cessation of the use of Lot 14 for
irrigated agricultural purposes.
i
Upon termination City shall
prepare and record documents appropriate to City's abandonment
of the easement to be conveyed hereunder.
7. This agreement may be modified only by mutual written
.. consent of all parties hereto.
8. This agreement shall run with the land and shall be
binding upon, and shall inure to the benefit of, the heirs,
assigns, and all other successors in interest of the parties
hereto.
9. By execution of this agreement it is agreed that Cal
Coast shall be relieved of the cost of replacing an effluent
irrigation line across San Luis Obispo Creek,. previously removed
during construction of improvements for Tract No. 592, The
Meadows.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
CITY OF SAN LUIS OBISPO
ATTEST:
s /LYNN R. COOPER
Mayor Lynn R. Cooper
s1J.H. FITZPATRICK
City Clerk J. H. Fitzpatrick
STATE OF PENNSYLVANIA
SS.
COT21TY OF WASHINGTON
On May 10, 1979, before me, the undersigned, a Notary Public in
and for said County and State, personally appeared George T. Handyside
known to me to be the Vice President of the Oorporation that executed
the within Instrument on behalf of the.Corporation therein named, and
acknowledged to me that such Oorporation executed the within Instrument
pursuant to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public in and for said
Oounty and State.
Richard E. Brunton, Notary Public
1 North Strabane Township, Washington County
1 My Commission Expires Nov. 8, 1982
Member, Pennsylvania Asrociation el Notaries
EXHIBIT "A"
PROPERTY DESCRIPTION
A portion of Lot 15 of the San Luis Obispo Suburban
Tract, in the City of San Luis Obispo, County of San
Luis Obispo, State of California, more particularly
described as follows:
Commencing at the Northeast corner of Lot 15; thence
North 641132'15" West, a distance of 987.80 feet; .
thence South 26 °16'27" West, a distance of 238.23
feet to the true point of beginning of the centerline
of a 20 foot well and appurtenant facilities easement;
thence South 26 016'27 "West, a distance of 25.35 feet
to the South property line of said property. Bases.
of bearing centerline of Higuera North 26 0161.27" East.
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RUCORDING REQUESTED BY
CITY OF SAN LUIS OBISPO
AND WHEN RECORDED MAIL TO
Name City Clerk
Street City of San Luis Obispo
Address P. 0. Box 321
Cltr a San Luis Obispo, CA 93406 J
State
L SPACE ABOVE THIS LINE FOR RECORDER'S USE
TO 1106 C
.AFFIX I.R.S. S IN THIS SPACE
I Corporation Grant Deed I
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
84 LUMBER COMPANY,
a corporation organized under the laws of the state of Pennsylvania
hereby GRANTS to
THE CITY OF SAN LUIS OBISPO
an easement over
the following described real property in the City of San. Luis Obispo,
County of San Luis Obispo State of California:
A portion of Lot 15 of the San Luis Obispo Suburban Tract,
in the City of San Luis Obispo, County of San Luis Obispor
State of California, more particularly described as follows:
Commencing at the Northeast corner of Lot 15; thence North
64032115" West, a distance of 987.80 feet; thence South
26016127" West, a distance of 238.23 . feet to the true point
of beginning of the centerline of a 20 foot well and
appurtenant facilities easement; thence South 26 °16127" West,
a distance of 25.35 feet to the South property line of said
property. Bases of bearing centerline of Higuera North
26 116'27" East.
The easement hereby conveyed subject to the terms and conditions of
"Agreement for Use and Maintenance of Well and Appurtenant Facilities"
attached hereto and incorporated herein by this reference.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its V1 -President and. Secretary
thereunto duly authorized.
Dated: _Med Y 16 1979
ZA)A)5 KAWA.3.,a
STATE OF 1C-1
COUNTY OF WA514111!9 %61J Ss.
On 074Y AOf A9 ?9 before me, the under-
signed, a Notary Public in and for said County and State, personally
appeared �EoE ?• LIANDL�,S %yE - ,known
to me to he the Vr ee President, and
1) a V if] LA Ott A' Cr known to me.to be
Secretary of the Corporation that executed the
within Instrument, known to me to be the persons who executed the
within fnstrument on behalf of the Corporation therein named, and
acknowledged tome that such Corporation executed the within Instru-
ment pursuant to its by- -laws or a resolution of its board of directors..
WITNESS my hand and official seal.
(Seal)
Signature
Name (Typed or Pri
Notary Public in and for said
84 Lumber Company
By
10E President
Pennsytvania ALMdation of
C E R T I F I C A T E O F 'A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by
the Corporation Grant Deed
dated May 10, 1979 , 1979, from 84 Lumber Company
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: June 7, 1979
ATTEST:
W.H. FITZPATRICK
J.H. Fitzpatrick,.City Clerk
CITY OF SAN LUIS OBISPO
By s6LM R. COOPER
Lynn R. Cooper, Mayor
,T
RESOLUTION NO. 3865 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR
TO EXECUTE INSPECTION AGREEMENTS FOR MINOR.PROJECTS
AND THE PUBLIC SERVICE'S DIRECTOR TO ACCEPT THE WORK
ON BEHALF OF THE CITY OF SAN LUIS OBISPO.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby authorizes the Community Development Director
to execute "Inspection Agreements for Minor Projects" (form agreement attached
hereto) on behalf of the City of San Luis Obispo, as may be necessary from time
to time.
SECTION 2. This Council also hereby authorizes the Public Services Director
to accept improvements constructed in accordance with City specifications for
maintenance by the City providing that said improvements lie within the public
right -of -way or in a public easement.
On motion of Councilman Dunin , seconded by Councilwoman Billig
and on the following roll call vote:
AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5th day of June
1979.
tayor ynn_. oper ATTEST: oved a nIt - - -- - _
r� "
Ci erk J.H. Fitzpatrick City A ministrative Officer
Approved as to form:
/)/LA L
City Attorney
Public Services Director
-
Community y e It opmen rector
R 3865
INSPECTION AGREEMENT FOR MINOR PROJECTS
THIS AGREEMENT, dated this day of 19 79,
by and between herein referred to as "Developer," and
the CITY OF SAN LUIS OBISPO, herein referred to as "City."
WITNESSETH:
WHEREAS, Developer wishes to construct
WHEREAS, Developer wishes the City to accept these improvements for perpetual
maintenance, and
WHEREAS, the City will not accept these improvements without City inspection.
NOW THEREFORE, in consideration of their mutual convenants and promises contained
herein, the parties hereto agree as follows:
1. Developer does hereby agree to construct and install the improvements described
above in accordance with approved plans and specifications on file in the office of
the City Engineer, City of San Luis Obispo, and to deposit with the City, the sum
of $ from which deposit the City will pay the salary and expenses of an
inspector to inspect installation of the improvements.
2. Upon payment of the sum set out in Section 1 above, City will provide an
inspector for the improvements to guarantee that the work is completed in accordance
with the plans and specifications. Any unexpended funds will be returned to the
Developer. If the deposit proves to be insufficient, additi onal funds shall be
deposited: to cover the required amount.
IF WITNESS WHEREOF, this agreement has been.executed;by:
Developer
Community Development Director
RESOLUTION NO. 3864 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO INCREASING ELECTION EXPENSE
APPROPRIATIONS FOR THE 1979/80 FISCAL YEAR.
BE IT RESOLVED by the Council of the City of San Luis Obispo that the
J.
following accounts be increased to cover the cost of the City Election held
on March 11, 1979. ..
Account Description
(20)01- 3402 -010
Election
Expense
- Postage
(20)01- 3402 -012
Election
Expense
- Printing.
(20)01 -. .3408 -090
Election
Expense
- Data Processing
(20)01- 3408 =110
Election
Expense
- Contract Labor
(20)01= 3408 -119
Election
Expense
- Other Contract Service
(20)01- 3498 -000
Election
Expense
- Miscellaneous Expense
01 =0510 7000
Appropriation
01- 0600 -000
Unappropriated Balance
Amount.
$ 1.,800. DR.
300. DR.
2,400. DR.
3,100. DR.
220400. DR.
12,000. CR.
$18,000.
18,000. CR.
18,000. DR.
On motion of Councilman Jorgensen , seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Counclmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day-of June ,
1979.
ATTEST:
etc J. Fitzpatrick
Approved as to form:
CiV Attorney G. Thacher
Approved as to content:
R 3864
O
RESOLUTION NO. 3863 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT'MAP'NO.
773 LOCATED AT 1650 SOUTHWOOD DRIVE
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 773 and the Planning Commission's recommendations, staff recommenda=
tions and reports thereon, makes the following findings.:
1. The tentative map is consistent with the general plan;
2. The. design and improvements of the proposed subdivision are consistent with
the general plan;
3. The site is physically suitable for the type of development proposed;
4. The site is physically suitable for the proposed density of development;
5.. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat;
6. The design of the subdivision or the type of improvements are not likely to
cause public health problems;
7. The design of the subdivision or the type of improvements will not conflict
with easements for access.through or use of property within the proposed
subdivision..
Environmental Impact Determination
THE CITY COUNCIL hereby endorses the ffnding of the City's_ Environmental
Review Committee that the project would not have potential for significant
adverse impacts to the environment and grants a negative declaration.
Variances Granted
GRANTING of variances for lots 2, 3, 4i and 5 which do not meet minimum
lot depth requirements with the following findings:
1. The particular shape of the property makes it impossible to provide a suitable
subdivision design otherwise complying with city standards without minor
variations to lot depth requirements for the above lots.
2. The strict literal interpretation of the: lot depth requirement would result
in oversized lots out of character with the other lots in the subdivision and
thereby does not constitute a grant of special privilege-.
3. The variances to lot depth provide for suitable building sites for the con-
struction of conventional housing which would occur in the rest of the sub -
divfsion, promote efficient use of land and thereby.would carry out the
spirit and intent of the subdivision regulations.
SECTION 2. That the approval of the tentative map of tract 773 be subject
to the following conditions:
1. Subdivider shall submit a hydrology study by a licensed civil engineer
supporting proposed drainage facilities to the satisfaction and approval
of the city engineer.
R 3863
i Resolution No. .3863
Tract 773
Page 2
2. Subdivider shall submit a final grading plan with soils report, to the
satisfaction and approval of the city engineer.
3. Final map shall show street radius adjusted to conform to city standards.
4. Applicable water and sewer charges shall be paid by the subdivider at time
of filing final map.
5. Sewer and water mains (water looped to adjacent tract) shall be installed
within easement acceptable to the City Engineer.
6. Vehicular access rights to Southwood Drive for lots 11 and 12 shall be
dedicated to the city by way of a one -foot reserve strip to approval of
the City Engineer..
7. Street shall be dedicated and improved with curb, gutter, sidewalk, paving,
street lights and utilities to city standards and approval. Utility
easement shall be provided where required. Southwood improvements shall be
within the city's right -of -way.
8. A note shall be placed on the final map stating that lots shall not be
graded except for driveways and building foundations..
9. Subdivider shall install street trees along all street frontages to city
standards.
10. All lot corners shall be staked by a registered civil engineer or licensed
land surveyor to city standards.
11. Subdivider shall install fire hydrants to city standards and approval.
12. Subdivider shall install stop signs, street name signs and other traffic
control devices throughout the tract as determined necessary by the City
Engineer.
13. Final map shall show street name Colina Court as approved. _
14. Area shown , on -tentative tract map as. part shall .... .become _part of Lots 10-
`and -11 in a manner subject to.staff approval.,: -Subdi "eider shall pay fees'
-in-lied-of park dedication as specified by-city subdivision regulations.
On motion of Councilman Jorgensen, seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted th
ATTEST:
Cit � Fitzpatrick
June; 1979.
G.
Resolution No. 3863
Tract 773
Page 3
Approved as to form:
//IVA
City Attorney, George Thacher
drs
2/23/79
0
Approved as t ontent:
Admin' a ve Officer, Leland Walton
Usm*W4 &V�-.000wom1w
Community De lopmen apartment
Henry Engen, irector
ty E neer, Vayne Peterson
0
RESOLUTION NO. 3862 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE
MINOR SUBDIVISION NO. 79 -051, LOCATED-AT
2943 JOHNSON AVENUE
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. 79 -051 and the Planning Commission's recommenda-
tions, staff recommendations and reports thereon, makes the following findings:
(1) The proposed parcel map and design are consistent with the general
plan.
(2) The site is physically suited for the proposed type and density
of development which is permitted by the R -1 zone.
(3) The design is not likely to cause substantial environmental damage
or cause serious public health problems.
(4) The design of the proposed subdivision will not conflict with public
easements for access through, or use of, property within the
proposed subdivision.
SECTION 2. That the approval of the tentative map for Minor Subdivision
79=051 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 install separate utilities to each parcel to the
approval of the City Engineer. Water meters shall be in sidewalk
at Johnson Avenue.
(3) Subdivider shall prepare a common driveway agreement, and submi .-t it
to the city for approval and recordation prior to final map approval.
(4) Subdivider shall pay park in -lieu fees for parcel B prior to final
map approval.
On motion of Councilman Dunin , seconded by Councilwoman Billig
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5th day of June
I&one]R
R 3862
c%
+ Draft Resolution 3862
Minor Subdivision -051 - 2 -
ATTEST:
Ci erc��.H. Fitzpatrick
Approved as to form:
City Attorney
a
iJ
4/27/79
1979 Series
Lynn R.
Approved as to content:
r 'col r
Cit mini ative Officer
f bk��
Commu ytin Deve opment Department
RESOLUTION NO. 3861 (1979 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE
MINOR SUBDIVISION NO. 77 -428, LOCATED AT
475 RAMONA DRIVE
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. 77 -428 and the Planning Commission's recommenda-
tions, staff recommendations and reports thereon, makes the following findings:
(1) The proposed parcel map and design are consistent with the general
plan.
(2) The site is physically suited for the proposed type and density
of development.which is permitted by the R -1 zone.
(3) The design is not likely to cause substantial environmental damage,
or cause'serious public health problems.
(4) The design of the proposed subdivision will not conflict with
public easements for access through, or use of, property within
the proposed subdivision.
SECTION 2. That the approval of the tentative-map for Minor Subdivision
77 -428 be subject to the following conditions:
(1) Demolition of existing dilapidated house and garage shall be
completed prior to final map approval.- --
(2) Existing garage for front residence to be_ removed, and new garage
constructed, prior to final,_map. approval
(3) Subdivider shall prepare a common driveway agreement for city
approval and recordation.
(4) Subdivider shall construct 16' wide common driveway from Ramona
Drive to lot one, design and paving to meet city standards.
(5) Subdivider shall landscape a 4' wide strip between the common
driveway and easterly subdivision boundary, to the approval of the
Community Development Staff.
(6) All new lot.corners shall be staked by a registered civil engineer
or licensed surveyor.
(7) Subdivider shall pay water frontage and acreage fees as determined
by the city engineer.
(8) Subdivider shall pay park in -lieu fees per Municipal Code 9100.3.12
for parcel 1.
(9) All new utilities shall be installed underground.
R 3861
. Minor Subdivision 428
Drift- Resolution.No. 3861
- 2 -
0
1979 Series
(10) Subdivider shall install individually metered water service to
lot 1. Meter shall be located in sidewalk at property frontage.
On motion of Councilman Dunin , seconded by Councilwoman Billig
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: 'None
ABSENT: None
the foregoing resolution was passed and adopted this qtj, day of June
1979.
ATTEST:
r< J.H. Fitzpatrick
Approved as to form:
City Attorney
JJ
4 -27 -79
Approved as to c ent:
it trative Officer
Commum ty Development Department
. "/,.� /C
'C iV
RESOLUTION N0.3860 (1979 Series)
RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION
OR FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL
AID URBAN PROJECT FOR THE CITY OF SAN LUIS OBISPO
URBAN AREA
WHEREAS, the Congress of the United States has in a Federal Aid Highway
Act of 1978 declared it to be i'n the National interest for Federal funds to
be expended for highway projects on the Federal Aid Urban system, and
WHEREAS, based on the 1970 census, the Bureau of Census has designated
the City of San Luis Obispo as an urban area, and
WHEREAS, before Federal Aid will be available for Urban system projects
within the urban area, the Federal Aid Urban Project must be designated.
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
The City Council of the City of San Luis Obispo request that the
proposed Federal Aid Project as shown on attached Exhibit No. "1"
be approved by the State Department of Transportation and the
Federal Highway Administration as a Federal Air Urban Project -.
On motion ofCouncilwomain Billie seconded byCouncilman Bond , and
on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin and Mayor Cooper
NOES:'C_ouncilman Jorgensen
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day of
1979.
R 3860
C1
Resolution No. 3860
ATTEST:
CW UT-e ft J.H. Fitzpatrick
Approved as to form:
City Attorney
3
(1979 Series)
Lynn R.
Approved as ntent:
City Ad strative Officer
:En i neer�
t !
I
9
T 7
EXHIBIT NO. 111"
"CITY OF SAN LUIS OBISPO
PROPOSED FEDERAL AID URBAN PROGRAM
1979 -1982
1979 -82 ALLOCATION ESTIMATE: $586„000
REMAINING FROM PREVIOUS ALLOCATIONS: -0-
TOTAL: $568,000
PROPOSED EXPENDITURES 1979 -82
LOCAL PROJECTS ON FAU SYSTEM: $568,000
5 1979AGENDA ITEM # Cd�TA
s ) APPROVED ( ) DEN4iD
Community Development ( ) CONTINUED TO
FOR Lee Walton, City Administrator MEETING DATE June 5 1979
STAFF Ely Wayne A. Peterson, City Engin e REPO� John Hawley, Engr. Associate ITEM NO.
PROJECT ADDRESS FILE NO.
SUBJECT: Resolution requesting the State Department of Transportation or Federal
Highway Administration to approve Federal Aid Urban Project for the City of San
Luis Obispo
SITUATION : The California Department of Transportation has notified the County of San
• Luis Obispo that the new Federal Aid Urban (FAU) fund allocations will be made
available in the near future. Per requirements of the Federal Highway Administration
and Caltrans, all participating local agencies, before receiving FAU apportionments,
must prepare a four year program (fiscal years 1978 -79 to 1981 -82) of project(s) to
be funded under the new act. Said program must be approved by the authorized City
Officials, and then filed with the District Director of Transportation.
STAFF POSITION
Adopt the attached Resolution, with Exhibit No. "l ", to enable the City to obtain
its apportioned share of FAU funds. If approved, please transmit the signed documents
to the City Engineers office, as the Resolution must be forwarded to the County
Engineers office for their review and processing to the State.
JH:sh
5/24/79
Enclosures: Resolution
Exhibit No.
MY Of SAn luis omq)o
CyA
so
RESOLUTION No. 3859
(1979 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP NO,
822 LOCATED AT 3301 BROAD STREET
.J
." �o L
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 822 and the Planning Commission's recommendations, staff recommendations
and reports thereon, makes the following findings:
1. The tentative map is consistent with the General Plan.
2. The design and improvements of the proposed subdivision are consistent with
the General Plan.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not likely
to cause public health problems.
7. The design of the subdi.vision or the_type of improvements will not conflict
with easements, for access through o'r,- =.use of property within the proposed
subdivision.
SECTION 2. That the approval of the tentative map for Tract 822 be subject
to the following conditions:
1. Tract corners shall be set by a registered(:civil engineer or land surveyor.
.2. A registered civil engineer or land surveyor shall certify that the structures
are located correctly prior to release of structures for occupancy.
3. All utilities shall be underground.
4. Subdivider shall pay water acreage charges as determined by the city
engineer prior to final map approval.
5. Subdivider shall install individually metered water service to each dwelling
unit. Meters,shall be located at frontage of each unit, be unobstructed, and
be to the approval of the Public Services Department.
6. Water mains shall be public and be 8 -inch ductile iron. Easements as
necessary shall be provided as required by the city engineer.
7. New sewer mains within driveways shall be public. All other sewers on -site
shall be private. Access to existing public sewer main shall be to the
satisfaction of the Public Services Department. No structures shall be
allowed within existing or new sewer easements.
8. All private driveways shall be improved to standards approved by the city
engineer.
9. Subdivider shall improve Rockview Place across entire frontage with curb,
gutter, 4 -foot integral sidewalk and driveway ramps to city standards and
improve and reconstruct entire street pavement section to the approval of
the city engineer. A contribution, as determined by the city engineer, may
be paid to the city in lieu of street reconstruction, in which case temporary
pavement to new gutter would be required.
10. Subdivider shall install driveway ramp and 6 -foot integral sidewalk across
entire Broad Street frontage to the approval of the Public Services
Department.
R 3859
00
Tentative Map 822 (1979)
11.. Final map shall note entire site as a blanket utility easement acceptable
to the utility companies and city engineer.
12. Subdivider shall install traffic control devices /signs on -site to the
approval of the city engineer.
13. Subdivider shall in street trees along both street frontages to the
approval of the Public Services Department.
14. Final map shall show access rights to Broad Street, with exception of
driveway, dedicated to the city by way of a one -foot reserve strip to the
approval of the city engineer.
15. All storm drainage channels and facilities shall be designed and installed
to current design criteria and to the approval of the city engineer.
16. Final map shall note the lowest finish floor elevation for any construction
and shall be one foot above the 100 -year design storm elevation.
17. Subdivider shall soundproof the interior of the dwelling units to a 45 db
level consistent with the General Plan Noise Element.
18. Recreation facilities on site shall receive no credit for subdivision park
dedication requirements. Subdivider shall pay park in -lieu fees prior to
final map approval.
19. Conditions, covenants and restrictions shall be approved by the city
attorney and Community Development Director prior to final map approval.
CC &Rs shall contain the following provisions:
a. A homeowners association to enforce the CC &Rs and provide for professional,
perpetual maintenance of all common areas including landscaping, building
exteriors, private driveways, drainage facilities, lighting, walls, fences,
etc., in first class condition;
b. A right of the City of San Luis Obispo to compel performance if the
homeowners association fails to perform and assess the homeowners
association for expenses incurred;
c. No parking in private driveways except in approved designated spaces;
d, A grant to the City of San Luis Obispo the right to tow away vehicles on
a complaint basis, which are parked in unauthorized places;
e. No outside storage of boats, campers;motorhomes, trailers or inoperable
vehicles;
f. No unscreened outside storage by individual units;
g. Ownership and occupancy restrictions limiting all units to owner occupied
for a period of two years from initial sale.
20. Subdivider shall prepare and submit for approval of the Community Development
Department staff an addressing plan with directory boards to be installed at
each entrance by the subdivider.
On motion of Councilman .Jorgensen _.' seconded by Councilwoman Billie
and on the following roll call vote:
AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOE: None
ABSENT: None
The foregoing resolution was passed and,.&�)pted this 5th day of June, 1979.
Tentative Map 822 (1979)
ATTEST
er !k J.H. Fitzpatrick
Approved as to form:
City Attorney
KB :L
4/27/79
e
RESOLUTION NO. 3858 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO DENYING AN APPEAL FROM A DECISION
OF THE ARCHITECTURAL REVIEW COMMISSION (RUSSELL
E. JOHNSON, APPLICANT; ARC NO. 78 -80).
WHEREAS, Russell E. Johnson (Applicant) has applied to the Architectural
Review Commission (ARC) for approval of plans for a proposed auto repair shop
at 2524 Broad Street (ARC file No. 78 -80); and
WHEREAS, after several meetings the ARC denied the proposal for the
reasons set out in its April.2, 1979, minutes; and
WHEREAS, Applicant has appealed that denial to the City Council; and
WHEREAS, on May 15, 1979, at 7:30 p.m., the City Council held a public
hearing to consider the appeal; and '
WHEREAS, having heard testimony given at the public hearing, having
considered all the documents concerning the appeal .provided in the Agenda
Packet for the May 15, 1979, meeting, having reviewed Applicant's proposed
plans for the site and shop, and having discussed the matter at the May 15,
1979, meeting with staff and among themselves, the council desires to deny the
appeal,
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. The council finds that to the extent that the denial of
the ARC was based on aesthetic considerations, the denial was proper and within
the.discretion granted the ARC by and through the San Luis Obispo Municipal
Code and the ARC Guidelines.
Section 2. Applicant's appeal hereby is denied..
Section 3. The proposal is referred back to the.ARC for review of
the aesthetic considerations supporting the ARC denial.
R 3858
CT
Resolution No. 3858
. . 13
(1979 Series)
On motion of Councilman, Bond seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Bond, Duninjorgensen and Mayor Cooper
NOES None
ABSENT: Councilwoman Bi-llig
the foregoing resolution was passed and adopted this 15th day of May
1979.
ATTEST:
C' Clerk J. H. Fitzpatrick
Approved As to form: Approved as to content:
City Attorney City L&ihistrative Officer
Coimxinity DeVdt#iienf Ijrector
TJ
RESOLUTION NO. 3857 (1979 Series)
PROPOSED RESOLUTION FOR EMERGENCY EVACUATION
PLANS IN CASE OF AN ACCIDENT AT D_IABLO CANYON
NUCLEAR-POWER PLANT
WHEREAS the Nuclear Regulatory Commission is currently considering
Pacific Gas- and Electric Company's application for a license
to operate the Diablo Canyon nuclear -power plant in San Luis
Obispo County, California, and,
WHEREAS the recent accident at the Three Mile Island nuclear power
plant near Harrisburg, Pennsylvania has served to remind us
all that a major accident at a nuclear power plant is
always a .real possibility, and,
WHEREAS events following the Three Mile Island accident graphically
demonstrates that it is impossible to prepare and implement
an adequate emergency evacuation plan in the period of
confusion and concern immediately following a nuclear
accident, and
WHEREAS an adequate emergency evacuation plan does not currently
exist for an area within a 25 mile radius of the Diablo
Canyon nuclear power plant; which area could well be
exposed to dangerous levels of ,radiation in the event of a
major accident, and,
WHEREAS .seventy (70) local concerned physicians have stated that
medical facilities for handling a major release of nuclear
energy from Diablo Canyon nuclear power plant are
inadequate;
NOW THEREFORE, BE IT AND IT IS THEREBY RESOLVED that.the San Luis
Obispo City Council strongly urges the Nuclear Regulatory.
Commission to withhold issuance of an operating license for
the Diablo Canyon nuclear power plant until the San'Luis
Obispo City Council, in conjunction with other Local, State,
and Federal elected bodies and administrative agencies, develops
An adequate emergency evacuation plan_for an area within a
25 mile radius so that the public health and safety of the
citizens of San Luis Obispo will be protected in the event of
a major accident at the Diablo Canyon nuclear power plant.
On motion of Councilman Bond; seconded by Councilman Dunin, and
on the following roll call vote:
AYES:. Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Councilwoman Bllig
the foregoing resolution was passed and adopted this 15th day of May, 1979.
R 3857
Resolution No. 3857
ATTEST:
y Clerk J.H. Fitzpatrick
�1
(1979 Series),
r
RESOLUTION NO. 3856(1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ESTABLISHING NEW ACREAGE AND FRONT FOOTAGE
FEES AND SUPERSEDING RESOLUTION NO. 3556 (1978 Series).
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The following fees are establishing in accordance with pro-
visions of Municipal Code Section 7410.5.1 - Additional Charges for Water
Service:
(1) Acreage Charge: $1,160 per acre
(2) Front Footage Charge: $11..60 per front foot
SECTION 2. Resolution No. 3556 (1978 Series) is hereby superseded.
SECTION 3. This resolution shall become effective immediately upon
adoption.
On motion of Councilman Bond seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing resolution was passed and
ATTEST:
lrp 5/8/79
this 15th day of may 1979.
R 3856
0
Approved as to form:. Approved as to content:
City Attorney City Admin stkative Officer
lrp 5/8/79
'Director of Public Services
Utilities Engineer
RESOLUTION NO,. 3855 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE C - ITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid, and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT:.Jbhnsbn,-Ave'Pump Station-Modifications CITY PLAN NO.: C-02
ESTIMATE: $15,000.00 BUDGET ACCOUNT: 21-5071-C.02
BIDDER: Melcher Construction BID AMOUNT: $22,888.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the *successful bidder and , the Mayor.
On motion of Councilman Dunin seconded by Councilman Jorgensen—,
and, on the following loll tall vote:
AYES: Councilmembers Dunin, Jorgensen, Bond and Mayor Cooper
NOES• None
ABSENT: Councilwoman Billig
the foregoing resolution was passed and
1979.
ATTEST:
Approved as to form:
this. 15th day of -May- -5
V
Approved as to content:
City Att6rEey--Ge&fge Thacher City `Administrative Officer Leland Walton
.Funds A ble:
F J-R-gn Direct dr R.C. MifraVez
R 3855
U
RESOLUTION NO. 3854 (1979 Series)
.A RESOLUTION OF`THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid-and authorizes the
Mayor to.sign a contract on behalf of the City for the following:
PROJECT: Cathodic Protection
ESTIMATE:, $13,000.00.
BIDDER: Wallace & Tiernan
CITY PLAN NO.: C -26
BUDGET ACCOUNT:. 40 =6363 =831
BID AMOUNT: $9,300.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Jorgensen seconded by Councilman, Dunin ,
and on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Bond and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing resolution was passed and
1979.
ATTEST:
Approved as to form:
this 15th day of May ,
Approved as to content:
too—
City Attorney George Thacher City dmini trative Officer Leland Walton
Funds Available:
inan ector R. Muravez
R. 3854
RESOLUTION NO. 3853 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND LINNAEA PHILLIPS , TO COORDINATE ALL
MISSION PLAZA PROGRAMS, ACTIVITIES AND EVENTS.
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
and LINNAEA PHILLIPS , to coordinate all Mission Plaza programs and
events from July 1, 1979, through June 30, 1980,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this
resolution and a copy of the executed agreement approved by it to:
LINNAEA PHILLIPS Director of Parks and Recreation, City Finance
Department, City Personnel Department.
On motion of. Councilman Bond , seconded by Councilman
Dunin , and on the .following roll call vote:
AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor.Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 15th day of
May 1979.
ATTEST:
Approved as to form:
City Attorney
r
Aaaroved as to content:
Director of Public Services
Personnel DirecX7r
/ R 3853
AGREEMENT
This. agreement, effective July 1, 1979, is by and between
the CITY OF SAN LUIS OBISPO (hereinafter referred to as "City"),
and LINNAEA pHi TPS (hereinafter referred to as "Coordinator").
WITNESSETH:
WHEREAS, City desires to promote Mission Plaza as a com-
munity recreational area; and
WHEREAS, The coordination and development of cultural and
recreational events in Mission Plaza is a desirable asset to the
City; and
WHEREAS, LINNAEA PHILLIPS is qualified to carry out such
activities on behalf of the City; and
WHEREAS, the provisions of the Government Code of the State
of California authorize the expenditure of public funds by a
municipal corporation as therein and herein provided:
NOW, THEREFORE, City and Coordinator, for and in considera-
tion of the mutual benefits, promises and agreements set forth
herein, do agree as follows:
1. The term of this agreement shall be from July 1, 1979,
through June-30, 1980, with one month as unpaid vacation and
determined by mutual consent between Coordinator and Director.of
Parks and Recreation, and this agreement shall be subject to
earlier termination by either party as.otherwise provided herein.
2. Coordinator will perform duties as set forth in Exhibit
"A ", attached.hereto.
3. Notwithstanding the wording of Exhibit "A ", or any other
representations, oral or written, between the partie.s, 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.Park and Recreation Department shall provide broad general
guidance and Coordinator shall be expected to use initiative and
discretion in performing the details of the work. The records
0 0
required to be kept by Coordinator under this agreement are solely
to provide City with criteria for evaluating.t.he over -all value of
this and possible subsequent contracts and not as details to estab-
lisp performance or non - performance by-Coordinator.
4. Coordinator will receive notice of monthly meetings of
both Park and Recreation Commission and Promotional Coordinating
Committee and act as liaison between the two advisory bodies.
Coordinator will attend such meetings of either advisory body when
placed on the agenda to provide reports detailing events, coming
events and expenditures.
5. The Coordinator will work no less than twenty -five (25)
hours each week and as necessary to maintain control during City
sponsored events.
6. City agrees to pay Coordinator Three Hundred Seventy
Dollars ($370) per month for eleven (11) months for a total
Yearly compensation of $4070.
7. City agrees to pay monthly phone bills as submitted by
Coordinator to Park and Recreation Department.
8. City agrees to pay miscellaneous expenses incurred in
planning and producing City sponsored programs and events. The
Coordinator will discuss miscellaneous expenses with Park and
Recreation Department prior to purchase and be responsible for
submitting invoices to Park and Recreation.Department for approval
prior to payment by the City Finance Department.
9. City agrees to allow Coordinator the use of the Murray
Adobe for office operations. Said office shall be open twenty (20)
hours per week as announced to allow public access to n;useum dis-
plays and office. No sales will. be made at the Adobe.
10. Either party may terminate this agreement prior to its
Normal expiration by mailing a notice of termination by certified
mail to the other party at the respective addresses as follows:
CITY: City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
COORDINATOR: Linnaea Phillips
676 Pismo
San Luis Obispo, CA 93401
The agreement shall be terminated thirty (30) days after the
mailing of such (notice, or sooner if the parties so agree in
writing. Obligations due and payable on the termination date
shall be calculated pro -rata based upon the calendar days in
the month.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement.
ATTEST:
s/J.H. FfTZ°ATR!CK
City Clerk
Approved as to form:
City Attorney
MISSION PLAZA EVENTS
COORDINATOR
CITY OF SAN LUIS OBISPO
s /LYNN R. COOPER
ayor
Approved as to content:
Admi n4,1rt n4,1' rati ve Of cer
Personnel Dire Voir
MISSION PLAZA EVENTS COORDINATOR
Goals of the Coordinator:
To investigate and, where possible, develop new possibilities
for events in Mission Plaza, including but not limited to:
May Day
Old Fashioned Fourth of July
Fall Fair
Christmas in the Plaza
To develop a group of small events with cross - section
interest;
To develop a group of small events which stress the Cultural
and Heritage of San Luis Obispo, past and present;
To continue Murray Adobe as display space;
To continue development of evening concerts and other activities
in Mission Plaza.
Duties of the Coordinator:
To write, produce and distribute news releases, stories and
utilize personal contacts with the media to publicize events
in the Mission Plaza.
To act as liaison between Promotional Coordinating Committee,
Park and Recreation Commission and Park and Recreation Department.
To act as liaison between Old Mission Church and Park and
Recreation Department concerning scheduling of events.
To be responsible for scheduling and keeping master schedule
of all Mission Plaza Events in accord with Mission Plaza rules and
regulations..
To disseminate information concerning use of Mission Plaza to
potential users and act as consultant in programs and activities
not sponsored by the City.
To coordinate and develop local events and activities which
will fulfill those ideals stated in Plaza use Philosophy and in-
cluded in Mission Plaza rules and regulations.
To maintain liaison with various community groups, and
individuals who can provide information, exhibits, et cetera for
use in the Mission Plaza.
EXHIBIT "A"
RESOLUTION NO. 3852 (19 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
FOSS $ ASSOCIATES FOR NEGOTIATIONS AND CONSULTANT
SERVICES IN EMPLOYER - EMPLOYEE RELATIONS.
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
Foss F, Associates
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: Gary C. Foss of
Foss and Associates and Rudy Muravez, City Finance Director.
On motion of Councilman Bond ,.seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 15th day of May ,
1979
ATTEST:
�/.
R 3852
Resolution No. 3850
Approved as to form:
ZAL&=�� -
City Attorney
'�D (1979 Series)
Approved as to content:
City A ni rat ve Officer
/ ec or
K
OEXHIBIT "A"
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND FOSS_& ASSOCIATES FOR NEGOTIATIONS AND
CONSULTANT SERVICES IN EMPLOYER - EMPLOYEE RELATIONS
THIS AGREEMENT, entered into this 16th day of May, 1979, by and between
the CITY OF SAN LUIS OBISPO,.a political subdivision of the State of California
(herein called "City "), and FOSS & ASSOCIATES, 340 Second Street, Los Altos,
California 94022 (herein called "Consultant ").
WITNESSETH:
WHEREAS,.City is obligated pursuant to state law and city policy to meet
and confer with recognized employee organizations representing its employees in
their employment relations with' the. City; and
WHEREAS, The City Council desires to engage professional assistance in matters
of labor relations representation and negotiations and in accomplishing the process
of said meeting and conferring in relation thereto; and
WHEREAS, Consultant is a professional labor relations consultant and represents
tive, who is I well qualified by education and experience to provide such services; and
WHEREAS, City, proposes to engage Consultant in accordance with the terms and
conditions set forth herein to render such services.
NOW, THEREFORE, the parties hereto.do mutually agree as follows:
1. Employment of Consultant. City hereby agrees to engage'Consultant, and.
Consultant hereby agrees to provide the services hereinafter set forth in-
volving labor relations negotiations and the instruction and training of
management personnel in the implementation of labor relations agreements.
2. Contacts for Responsibility. The City Administrati've.Officer shall
represent the City for the purpose of administering this Agreement.
Gary C. Foss will provide services to City as forth in Section 3 of
this Agreement.
Consultant shaPnot delegate or assign his res(nsibilities under this
Agreement without the prior written approval of City having first been.
obtained.
3. Scope of Services. Consultant shall provide his special knowledge,
services and.skills as follows:
a. Consultant shall act as City's principal representative and
chief negotiator at all meet and confer sessions. held with the
Miscellaneous,.Law Enforcement (police), and Fire Service units..
All such representations and negotiations shall abide by the guide-
lines established by the City, and Consultant shall meet and confer
as often as is reasonably necessary until agreement with such
- bargaining units is reached in conformance with such guidelines,
or until the City .Council• has determined, after consultation with
Consultant that agreement is not reasonably possible with such
bargaining units. Consultant may also act as City's representative
at any and all impasse proceedings which may be conducted, such as
mediation or factfinding. Consultant shall meet with the City Counc -il
as often as is reasonably necessary during.each meet and confer process
to review City's position and obtain further instructions..
b. When agreement is reached with an employee bargaining unit, a
Memorandum of Understanding will be prepared by Consultant and sub -
mitted to the City Council for approval. When so approved, Consultant
shall meet with City's management team to explain the provisions of
any approved Memorandum of Understanding developed pursuant to this
agreement and to explain any changes in wages, hours and working con-
ditions 'instituted by the City following the meet and confer process.
Page 2
c. Upc `*utual.consent of the parties,;' ' su'ltant shall act as
City's principal representative and chief negotiator for units in
addition to those listed in 3(a) above. Such additional service
shall be rendered at an annual retainer rate or at a.fee mutually
acceptable to the parties.
d. Consultant shall provide ongoing advice, consultation and
assistance.throughout the term of this Agreement via telephone or
in person relative to the administration of the Memorandum of Under-
standing or other employer- employee relations matters mutually agreed
upon within the fee structure of this Agreement.
4. City Assistance. City shall assist Consultant by.providing information,
personnel, space and facilities as follows:
a. All information reasonably within City control or accessible
to City and which may be helpful to Consultant in the performance
of his services as provided herein.; and
b. A management team composed of members of the affected departments
and, at least, one member of the City Administrator's Office to assist
Consultant during the meet and confer sessions; and
c. Supplemental clerical and stenographic assistance as Consultant
may reasonably require for the performance of his services as provided
herein; and
d. A suitable location whereat meet and confer sessions may be
conducted.
5. Term. The term of this Agreement shall commence on May 16, 1979 and end
on July 31, 1979, except that.the Agreement may be terminated by either party
upon five (5) days written notice.
Page 3
6. Fee Arran , nt. In consideration for the Ovices described above,
the City agrees to pay Consultant an hourly rate of $40.00 for each hour of
service performed pursuant to this Agreement. Said hourly rate is to be
billed. on a monthly basi's on or before the 15th of each month following the
month that the services were performed. Payment of the'bill as submitted
shall constitute payment in full for services rendered up to the final day
of the indicated billing period.
T. Travel and Lodging.. Consultant shall submit within thirty (.30) days
after the payment of an itemization of his travel expenses including lodging,
meals and transportation on a form acceptable to City. City shall pay within
thirty (30) days of receipt of billing all reasonable expenses incurred for
transportation, lodging and meals incurred in the performance of this Agreement..
8. It is expressly understood and agreed to by both parties that Consultant,.
while engaged in carrying out and complying with any of the terms and con-
ditions of this Agreement, is an independent contractor and is not an employee
of the City.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed on
the day and year first above written.
FOSS & ASSOCIATES
B D 6=L
Gary C. Foss
CITY OF SAN LUIS OBISPO,
ATTEST: a municipal corporation
/LYNN R. COOPER
s /J.1i. FITZPATRICK . By
City Clerk J. H..Fitzpatrick Mayor Lynn R. Cooper
Page 4
/ =10
RESOLUTION NO. 3851 (19 79 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
THE MEADOWS CONCERNING TRACT 592.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
The Meadows for assuming and performing duties under the subdivision improvement
agreement for Tract 592,
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 MEADOWS c -o Cal
Coast Construction and to the City Engineer.
On motion of Councilman Bond , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 15th day of May ,
1979
ATTEST:
R 3851
Resolution No. 3850
Approved as to form:
City Attorney
j(1979.Series)
Approved as to content:
<jaEFAd&nistYatI-V-e Officer
AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of
allay _, 1979, by and between THE MEADOWS, a partnership organized
under the laws of the State-of California, and the CITY OF SAN
LUIS OBISPO, a municipal corporation, (hereinafter, "City ").
W I T N E S S E T H c
WHEREAS, The Meadows is a California partnership consisting
of three partners: Cal Coast Construction, Inc., Karl Kundert,
an individual, and Robert Karger, an individual; and
WHEREAS, City has approved a final subdivision map entitled
"Map of Tract No. 592, The Meadows, City of San Luis Obispo,
California," wherein.the owner's certificate named The Meadows
as owner, with all three partners signing same; and
WHEREAS, the subdivision improvement agreement covering
Tract No. 592 (a copy of which is attached hereto and incorporated
herein by this reference) was prepared in the name of and signed
by only Cal Coast Construction, Inc., as subdivider; and
WHEREAS, it is the desire of the parties hereto to confirm
their mutual intent that the attached subdivision improvement
agreement shall obligate The Meadows to perform the terms thereof.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Meadows hereby agrees to assume and perform any and
all rights, duties and obligations set out in the attached agree=
ment as they apply to the "Subdivider" referred to therein.
IN
U
IN WITNESS WHEREOF, the parties affix their signatures hereto
on the date first written above.
?'
ryIOFF CI.AL SEAL�`y
..°
r
(Notary)'• : . .
NOTA Y "'IJOLIC - CAL;FORNIA':
J
I. ICE IN
O-.;-ICE VR.1.1
-S U
SAN ttJ�S O'�i:i70 COOaTV .
9 My Commission
Expires November 2, 1981 ;
<s: OFFICIAL SEAL
A. D. AAP:ErUD
NOTA Y Pil!: LIC . CALIFORNIA
(Notary' PI;GVCiPAI. OFFICE IN
"N `•'� SA" !.U.S OCI,VO COU.TY
My Commission Expires November 2, 1981
THE MEADOWS
Cal Coast Construction, Inc.
General Partner
By Bill Poe, President
Karl Kundert
Limited Partner
s -: OFF CIAL SEAL
f
A. D. AA ^1ERUD
(Notary ,. •+ (NOTpP PU "LiC C.ILIF IN ( —79
'4 )�; r -, ('`/ FRINC:PAL OFFCE IN !WS / \��.t" l�
$£., SAN Lua o -asr'o COUNTY Robert riarger
j� my Commission Expires f:ovcmber 2• 1981 :� 7
j,1 ., I I — :4: Limited Partner
ATTEST:
s /J.H. FITZPAT RICK
J. H. Fitzpatrick City Clerk
Approved as to form:
City Attorney
CITY OF SAKI LUIS OBISPO
A Municipal Corporation
SILYNN R. COOPER
Mayor Lynn R. Cooper
AGREEMENT
THIS AGREEMENT, dated this 11th day of Se2t2 her , 197_, by and
between fit Coant Construrrion _ , 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., 19 78
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 with approved
plans and specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS and SIDEWALKS
2. STREET BASE and SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property
line and water services to the curb stop.
4. DRAINAGE STRUCTURES
S. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
shall be required to file a letter stating that the developer has prop-
erly installed all facilities to be provided by him, and that the said
utility is prepared to provide service to residents upon request.
7. ANY $ ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
All the above facilities shall be installed in the locations designated and to the
plans and specifications on file and approved -by said City Engineer.
The lines and grades for all of said improvements shall be establshed by the
- Subdivider in accordance with said approved plans and specifications.- ,-=°'_
The Subdivider agrees that the work of installing the above imoro•:ements ,hall
begin within thirty (30 ) days from the date of recording of the final mao,
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 V following conditions establi-
shned by the Planning Commission and /or the City Council.
AV 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
�I of parkland dedication.
�q052. The developer shall pay to the city the sum of $15,515.00 which is based upon
1•f� the following formula (14.50 acres x 1070.00 per acre) this is for water
acreage fees.
1rAj�IE3 The developer
�`<<1 the following
water frontage
^�i1d4. The developer
�i`iti4 the following
this fee is a
shall pay to the city the sum of $2849.35 which is based upon
formula ( 569.87 feet of frontage x $5.00- /foot) this is for
a fees.
shall pay to the city the sum of $1,000.89 which is based upon
formual ($3.471698 per person x 3.10 persons per lot x 93 lots)
sewer connection.
5 The developer shall deposit with the city a cash bond in the amount of
XAi '9,f10 $13,000.00 to assure the final monumentation of the subdivision. Said de-
M1, 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.
f 11410r� Grading permit fees in the amount of $823.70 shall be deposited with-and
4tjiIf treated as normal subdivision inspection fees.
a
developer
amount
is met.
1(Condition #27 requires replanting of trout smolts in San Luis Creek.8. he city will retain $55,0 0.00 for a landscaping bond, for one year from
acceptance of the improvements.
9. All the conditions set'forth in the grading agreement shall be made a part
*10 of this subdivision 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 "Dlanual 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 underground
-2-
.he Subdivider hereby attaches hereto, and as an inte -,ral part hereof. .in ^! is
security for the performance of this agreement, (instru: ent of credit /bond) approved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
performance of this agreement, which said (instrument of credit /bond) is in the amount
of S 1,505,312.49 and which is in the amount of the estimated cost of said
I' 4A,
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.
thA/ 4MW/ bjf14416/ bbl kW AWAI HkJsE�/e4] 1A 6/d11WslibW 114dp/r/o/Ve4rle/AV A/W 1Wd'ddJ(Ya(Wde' 1
11Wn /44AWdAM
Said Subdivider shall deposit with the City the sum of $ 45,160.00 ``/� y�'� ,
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 Subdividara In the event the
inspection fees exceed the sum of $ 45,983.70f.A4 �*'~ , the difference is to be paid
by the City of San Luis Obispo. The City reserves the sole discretion in determining
-3- - -
the :urounts t1, be p;Iid !'o I- -�:tlar,• ;Intl c\ptnSc, S Ot• .:;Iid iitsrccrol- r,r 1:11; rtor <,
Article 11, Ch:ipte - r I of the .San l.ui!� nhiSpo ,`ttulii ip:Il 1'n11c• t ^It Itic,1
1
"Subdivision" - All l,lans and sl,ecifications oil file with Said City Fnr•incer as a
t part of sit itl tiuhdiViSi(111 M:11) , :111(1 all other documents filed with the City by the
Subdivides ;Ind approvr.d by the. City lingincer are hcrch), rct'crred to for further
particulars in interpreting :u1tl (lofin.ing the Ohl igat iO11S ol• the SuhJivicicr tln,lct
this agrccr•Ic11t.
It is undcrst.00d 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 Suhdivider will furnish copies of the snccessftil bidder's
contract unit prices and total bid prices for all of the improvements herein
referred to.
IN WITNESS Will:RFOl-, this agreement has been executed hy:
day o f� /�yw$ , 19/2F
Approved as to form
i
City Attorney
day of / !Z.lr . , 19
ty f• \iginccr
_C >�_o�'��/G�•fr � /tea
�xlvidcr
r
4.._
RESOLUTION NO. 3850 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
SAN LUIS MILL AND LUMBER, INC. FOR STREET WIDENING
ON HIGUERA STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
San Luis Mill and Lumber, Inc. for street widening on Higuera Street,
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: San Luis Mill and
Lumber, Inc., and the City Engineer.
On motion of Councilman Bond , seconded by Councilman Dunin
and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 15th day of May ,
1979
ATTEST:
F ;r%ff-ey
R 3850
Il Resolution No. 385
Approved as to form:
City Attorney
(1979 Series)
o ,
Approved as to content:
City Ackeinisli-t(five Officer
City Enginee
AGREEMENT
THIS AGREEMENT made and entered into this 15th day of_ May ,
1979, by and between San Luis Mill and Lumber, Inc-.
(hereinafter called "Grantor "), and the CITY OF SAN LUIS OBISPO, a
municipal corporation (hereinafter called "City ").
WITNESSETH:
In consideration of the mutual benefits, promises and agreements set
forth herein, the parties hereto agree as follows:
1. Grantor shall convey to the City 1360 square feet (0.031 acre),
more or less, lying along South Higuera Street as described and delineated
on the attached copy of the grant deed consisting of 2 pages. Said land
is occupied by portions of an existing mill building and an office building.
2. City agrees to remove existing curb, gutter and sidewalk and to
install new curb,.gutter and sidewalk at the new street alignment created
by the conveyance when funds become available.
3. City agrees to pay Grantor Sixty - Thousand- Three - Hundred Dollars
($60,300.00) as total compensation for subject land and improvements.
4. Grantor agrees to remove the entire existing office building from
the site and the front of existing mill building within said conveyed area
within 180 days of the above date. Grantor may utilize a zero - setback for
said mill building at the new right -of -way line and shall not be subject
to upgrading.the remainder of said building to meet current code requirements.
However, if the mill building is subsequently removed, destroyed or becomes
involved in a substantial change of use or remodel other than that required
to accommodate this widening, usual conditions of approval, including setback,
shall be required.
1 s.
a
a
5. City will provide all necessary engineering, relocate utilities
and drainage improvements, as necessary, and pave out the street to the
new gutter.
6. Building permits now pending as a result of use permit No. 0653
for this site will be issued on or after the date first written above subject
to other use permit and building permit requirements.
7. This agreement shall run with the land and shall be binding ;upon
and shall inure to the benefit of, the heirs, assigns and all other successors
in interest of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
State of California, County of.San Luis Obispo :s
On April 27, 1979 before me, the undersigned, a
in and for said State, personally appeared
Roy Alan Parsons and Gerald L. Parsons known to
to be th ons whose names are subscribed to
the within and acknowledge they execu
the saml. �—�
fiVI C. COD..
N ^T.0 USLIC
SA:! L 1'73 COUNTY
�� • cap o :;��a
My Commission Expires.June 22, 1980
ATTEST:
s1J.H. FITZPATRICK
City Clerk, J.H. Fitzpatrick
Approved as to form:
City Attorney
SAN LUIS MILL & LUMBER CO., INC.
try Public ,
CITY OF SAN LUIS OBISPO
a municipal corporation
s /LYNN R. COOPER
Mayor Lynn R. Cooper
Approved as to content:
Cify Administrative Officer
City En eer