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HomeMy WebLinkAbout4000-4049\ az RESOLUTION NO. 4049(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR SELECTED PLANNING SERVICES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION_•.!. Pursuant to the provisions of the Municipal Code, the coundil hereby establishes fees for the following planning applications: FEE Condominium Conversion Application $200 House Number Change Time and material cost SECTION 2. The fees established by this resolution shall become effective upon adoption. 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 18th day of December , 1979. eYO L R. DOPER ATTEST: CIT J.H. FITZPATRICK X R 4049 Resolution No. 4,� APPROVED: City A istrative Officer City Attorney Community velopm t Department. (1979 Series) r RESOLUTION No. 4048 !'1 F (19Z9. Series) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING QUITCLAIM OF CITY CREEK ACCESS EASEMENT 4 ✓ �-e' /C - WHEREAS,, staff has recommended that the City quitclaim to the underlying property owners at 2900 and 2930 McMillan Avenue, a certain 12 foot wide creek access easement; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That City interest described in the attached quitclaim deeds li67� conveyed to the parties named in those deeds and that the mayor be authorized to execute the deeds on behalf of the City. SECTION 2. The City Clerk is hereby directed to record the originals of these quitclaim deeds with the Office/ of the County Recorder. On motion of Councilman Dunin , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this ATTEST. CITY C APPROVED: City Eng�'r day of December, 1979. w Z RECORDING REQUESTED City Clerk San Luis Obispo, CA AND WHEN RECORDED MAIL TO Richard J. Cummings 7 Name Route 3, Box 272 —A Street San Luis Obispo, CA 93406 Addeo, i b sat L Scat: J MAIL TAX STATEMENTS 10 F Richard J. Cummings Na., Route 3, Box 272 —A s }fOe1 Addreu San Luis Obispo, CA 93406 City a ste,e SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned declares that the Documentary Transtei Tate payable hereon is $ None .—...Computed on full value of property conveyed. Computed on full value less liens and enwmbrancF+ fetoaiai:tg at time of sale. D.T.T.. S TO 402 CA II. -Lal I Quitclaim Deed I THIS FORM FURNISHED 13Y TITLE INSURANCE AND TRUST COMPANY APN FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN LUIS OBISPO, a municipal corporation hereby RETMISE(S), RELEASE(S) AND FOREVER QUITCLAIM (S) to RICHARD J. CUMMINGS & VIVIAN R. CUMMINGS the following described real property in the City of San Luis Obispo count}- of San Luis Obispo state of California: The portion of that certain 12 —ft wide creek access easement lying within Parcel B of Parcel Map SLO 75 -400 recorded in Book 19, Page 1 of Parcel Maps in the Office of the San Luis Obispo County Recorder. Dated December 4 I TO AAO C (Corporation) STATE OF CAI FOR IA COtiNTl' OF Stan Luis Obispo ss. On December' - 10, 1979 before me, the under. signed,. a Notary Public in and for said State, personally appeared Lynn R. Cooper Wknown to me to be the Me yo r �, j,MM, and x .1 H. Fit7natrirk Vown to me to be W (` I� CL C] tj�Cl erk XdE.k:KDEJ(of thmilJ�rj r (Tttfila hat cxeruted the F t.ithin Instrument, known to me. to be the persons who exeruted the H within In,trulnenl on behalf of the corporation thrn•in named, and arknowledged to me, that such corpnration executed the within instru. ment pursuant to its by -laws or a resolution of its board of directors. I V ITNESS my hand and official seal. Sean %/4 – �iCnalti rc �_ ��. - - -- Name iivUed or PrintrdI Notary Public in and for said State- Title Order N,I. - - -- OFFICIAL SEAL MARILYN PERRY NOTARY PUBLIC.CALIFo:NIA • PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY My Commission E:Dires Aug. 12. 1983 ;srrmw or Loan �TL,. Sua m u:1. i,I nn;arinl .-vII MAIL TAX STATEMENTS AS DIRECTED ABOVE rk i ~I { RESOLUTION NO. 4047 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING APPROVAL OF TENTATIVE TRACT MAP FOR TRACT 735, LOCATED ON THE.EAST FLANK OF SAN LUIS MOUNTAIN AND AT THE SOUTHERLY END OF HILL STREET AND ADJACENT TO U.S. HIGHWAY 101 (CUESTA VALLEY PROPERTIES, APPLICANT) WHEREAS, Cuesta Valley Properties has made application for a tentative tract map for Tract 735, which would create a 21 lot residential subdivision on approximately 60 acres located at the east, flank of San Luis Mountain and at the southerly end of Hill Street and adjacent to t.. S. Highway 101; and WHEREAS, after thorough review and considerations, this Council heretofore has certified the final EIR as being adequate; and WHEREAS, this Council has considered the application, applicant's other materials, staff materials, including all materials submitted for the Planning Commission and the City Council at all meetings of the two bodies at which Tract 735 was considered and /or acted upon, the final EIR, the minutes of the Planning Commission at which Tract 735 was considered, and comments of staff, applicant and the public; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows; SECTION 1. Based on the application;_minutes and all other materials and comments mentioned above, this Council makes the following findings: a. The site is not physically suitable for the proposed density or type of development, in that: (i) The proposed density creates a demonstrated potential for property damage due to runoff and slippage; the greater the grading, the greater the potential; grading, and; therefore, density, should be at a minimum (ii) The proposed density creates significant noise, traffic and fire protection problems. (iii) Seepage from,San Luis Mountain creates unstable soil conditions. b. The'design.aiid layout of the proposed subdivision are likely to cause substantial environmental damage,, in that: Resolution No. 4047 (1�`, Series) (i) The proposed placement of housing units creates a significant adverse visual impact on a sensitive and aesthetically pleasing site. (ii) The runoff and slippage problems created by this hillside development and the required grading have the potential to damage adjacent properties. c.' Approval of the proposed subdivisi©m would result in City water service being provided above an elevation set by City's General Plan. d. The site is.archeologically sensitive. e. The site is appropriate for residential development, but in a density less than, and of a design, configuration and layout different from, that proposed by the application under consideration here. SECTION 2. Based on the findings made hereinabove, the Council hereby denies the tentative tract map application for Tract 735. On motion of Councilman Bond, seconded by Councilwoman Billig, and on the following roll call vote: AYES: Coun cilmembers Bond, Billig, Dunin, Jorgensen and_ Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this GSOM OME CITY APPROVED: t CiyAd i native Officer CT Attorney - 49=4e�A Director 6 Commun' y Development;._ day of December, 1979. RESOLUTION NO. 4046 (1979 Series) A RESOLUTION OF THE,COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM A PLANNING COMMISSION DENIAL OF AN APPLICATION.FOR USE PERMIT (3100 JOHNSON AVENUE) WHEREAS, Benjamon G. Cox, Jr., M.D. has filed a use permit application (U0797) requesting to establish a private school use in his home at 3100 Johnson Avenue; and WHEREAS, following a hearing held on November 14, 1979, the Planning Commission, by Resolution No. 1455 -79, denied the application for use permit; and WHEREAS, Dr. Cox appealed that denial to this Council; and WHEREAS, this Council has considered statements of Dr. Cox and other interested parties at its December 4,. 1979, meeting, minutes of the November 14, 1979 Planning Commission hearing, the application and all other materials related to this appeal included in the Council's agenda packet for the December 4 meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis Obispo as follows: SECTION 1. Based on the materials and statements set out above, the Council finds as follows: a. The proposed project is not appropriate at the proposed location and iv ll not be compatible with surrounding land uses -- basically R -1 uses -- due to the increased volume of traffic in and out of the project and due to the essentially commercial character of the operation. b. The proposed project is inconsistent with the land use element of City's duly adopted General Plan. SECTION 2. Based on the findings set out-in Section 1, the Council hereby denies the appeal from the Planning Commission's denial of use permit application No. U0797. Resolution No. 404 (1979 Series) On motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Dunin NOES: Councilwoman Bil -lig, Mayor Cooper the foregoing Resolution was passed < ATTEST.°. Fm APPROVED: Ci - d-' istrative 'Of fider City Attorney' Dir�Commun Development 79 RESOLUTION N0. 4045 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM A PLANNING COMMISSION DENIAL OF APPLICATION FOR USE_PERMIT (1700 Osos Street) WHEREAS, SLO Boarding House Company,.Inc., ( "Applicant ") has filed a use permit application (No. U0788) to allow a fraternity house at 1700 Osos Street, where a boarding house use formerly existed, pursuant to the R -3 .zoning district requirements; and WHEREAS; following a hearing held on October 10, 1979, the Planning Commission, by Resolution No. 1434 -79, denied the application for use permit; and WHEREAS,. Applicant appealed that denial to this Council; and WHEREAS, this Council on November 20, 1979, held a hearing to consider Applicant's appeal; and WHEREAS, this Council has -heard and considered statements of Applicant and other interested parties at the November 20 hearing; minutes of the October 10 Planning Commission hearing, the applicatiori, and all other materials related to this appeal, included in the Council's agenda packet for the November 2.0 meeting.. NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis-Obispo as follows: SECTION 1. Based on the materials and statements set out above, the Council finds as follows: 1. Applicant is presently unable to provide adequate parking under City standards either on -site or off -site; 2. The activities of the fraternity in residence, that is, the fraternity which now occupies and would continue to occupy 1700 Osos Street under the use permit, since approximately January 1979 have demonstrated that granting the use permit will be detrimental to the welfare of persons living or working in the area. 3. The fraternity use is not appropriate at the location and will not be compatible with surrounding land uses. R 4045 Resolution No. 4045 (1979 Series) SECTION 2. Based on the findings set out in Section 1, the Council hereby denies the appeal from the Planning Commission's denial of use permit application No. U0788. On motion of _Councilman . Bond seconded by Coun ilwom n Bill-;g , and on the following roll call vote: AYES; Councilmembeis Bond; Billig; Dunin, Jorgensen and:Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this .4th day of naramhPr ' 1979. ATTEST: 5?a a C C_ RK'J.H. FITZPATRICK APPROVED: Cit "` trative 0 ices City Attorney r. i RESOLUTION NO i 1 4044 (1979 Series) A RESOLUTION OF THE COUNCIL 0' 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: PHOENIX PEDESTRIAN WALKWAY - CITY PLAN NO: D -39 CITY PARKING LOT ESTIMATE: $20,342.00 BUDGET ACCOUNT: 30- 5761 -639 BIDDER: BURKE CONSTRUCTION COMPANY BID AMOUNT: $21,464.00 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 Bond , an& on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of _ December 1979. �) ATTEST: H. ATRICK APPROVED: C1 y Admin t at:ve Officer R 4044 r. RESOLUTION NO. 4043 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY.OF SAN LUIS OBISPO ALLOCATING ADDITIONAL REVENUE SHARING FUNDS FOR CONSTRUCTION OF PHOENIX PEDESTRIAN WALKWAY (CITY PLAN D -39) m7 - eG WHEREAS, $10,000 is budgeted for construction of Phoenix Pedestrian Walkway (City Plan D -39); and WHEREAS, low bid plus contingencies for construction of this walkway amount to $25,000; and WHEREAS, there exist unallocated revenue sharing funds; and WHEREAS, up to $154,250 of 1979 -80 revenue sharing funds may be reallocated without public hearing; NOW, THEREFORE, the Council of the City of San Luis Obispo resolves to allocate $15,000 of revenue sharing funds to account number 30- 5761 -639 (Phoenix Pedestrian Walkway). On motion of Councilman Jorgensen , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adop of December. , 1979. ATTEST: 4th day C;pPtLEM J.H. FITZPATRICK R 4043 C `-r Resolution No. 4043 (1979 Series) APPROVED: Ci inistra ive Officer• "eD City Engineer 1 RESOLUTION NO. 4042 (1979 Series) A RESOLUTION OF THE_COUNC'L 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: MADONNA ROAD PLAZA ENTRANCE REVISION CITY PLAN NO: B -45 ESTIMATE: $5,000.00 BUDGET ACCOUNT: 40- 4863 -836 BIDDER: MADONNA CONSTRUCTION COMPANY BID AMOUNT: $7,380.00 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 Bond and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of December , 1979. /? ATTEST: .� FITZPATRICK APPROVED: City A istrative Officer R 4042 I RESOLUTION NO. 4041 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ALLOCATING CAPITAL OUTLAY FUNDS FOR CONSTRUCTION OF MADONNA ROAD PLAZA ENTRANCE REVISION (CITY PLAN B -45). WHEREAS, low bid plus contingencies for construction of Madonna Road Plaza Entrance Revision (City Plan B -45) amount to $8,500; and WHEREAS, a $25,000 surplus exists in the amount budgeted for Creek Obstruction Removal (City Plan B -51) in account number 40 -5063 -801; NOW THEREFORE, the Council of the City of San Luis Obispo resolves to authorize the transfer of $8,500 from account number 40- 5063 -801 (Creek Obstruction Removal) to account number 40- 4863 -836 (Madonna Road Plaza Entrance Revision). On motion of Councilman Jorgensen , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of December , 1979. ATTEST: _. . CI ERR. J.H. FITZPATRICK R. COOP R 4041 Resolution No. 4041 (1979 Series) APPROVED: Citg AskTifistrative Of icer w� City Attorney inanc for KL7U�)60-� City Engineer RESOLUTION NO. 4040 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE OFF -SITE IMPROVEMENTS OF TRACT 642, CEDARWOOD. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Off -site improvements for Tract 642, Cedarwood, are hereby accepted for maintenance by the City of San Luis Obispo. On motion of Councilman Dunin , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of December 1979. ATTEST: CIT R J.H. FITZPATRICK APPROVED: s'�4w z City Admiaff-9frat'i'Ve Officer City Attorney Director of Public Services R 4040 --====n 2z k OVOS A3-,-7V,% scso s07 it- - - - - - - - - - - - - - -- ------ DOLL Ft 4 1z3 "4-., It! it 1 .4 .M 7 cc �A t-k J93170-1 W 7�-- -it SOSO S07 7C1 V-rjYNfV,3 CP,:5NV?l Z) n Z t; CC) wit OVOS A3-,-7V,% scso s07 it- - - - - - - - - - - - - - -- ------ DOLL Ft 4 1z3 "4-., It! it 1 .4 .M 7 cc �A t-k J93170-1 W 7�-- -it SOSO S07 7C1 V-rjYNfV,3 CP,:5NV?l RESOLUTION NO. 4039 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE OFF -SITE IMPROVEMENTS FOR MINOR SUBDIVISION 77 -227, AT THE INTERSECTION OF IRIS AND HENRY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows. Off -site improvements for Minor Subdivision 77 -227, intersection of ?ris and Henry, are hereby accepted for maintenance by the City of San Luis Obispo. On motion of Councilman Dunin seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of December 1979. ATTEST: C'EERK _j.-H. FITZPATRICK City Administrative Officer City Attorney R 4039 Dire���ic Services Services. FI9 E � o 6 - Y y I u O O ✓ O u y n•�YE ✓ rr�� ��jj L - U L O Y �1- Li_ y p r Y g p ` Q W.r U•]004 }4 'L W L i L I O V � y V y pp q� V 6 C o N p J L> C Y1 1 1. � O 2 M .•�• ¢ O V W� bn 6 w u C a 2Z � 0 C q C Y L D D y N ✓ J •n wD V w D 'I. Io.FO �J¢ .] 4_O V W 6 tl 0 p y L�6 V L Y m ✓ •+ • = '+ 9 L ^ Y T J �.lpF2 Y JN V p D C• C Y C ti E .� O j` O y O L -W UL F qP' '2 N Cc E T g N+ C a V D O p U jYF4FFY Y C •+ 1 ( I C 0 tl d E 04 m3mN� Cot ON NN4U P �• 6 6? Y C OL D L q✓ D O •J V D r y C✓ V A d r Y U• D L q q 6 U } 6 D 6 O J Y q Y y E 'r > O y y C Y U a j > C C> L ^✓ O. q � V C y y Y } y Y y 0 4¢0^4. W YD 1• i• W 11 4 L L ^ I1 L m 4 d G d Q 9 O d e L W m U o z u W r y O' u V D 6 Y L c c a.. F.Q.+ 0 o Y q A a Y O F '•, U N i D d N U F U U U 6 U P 0^ V 6 W W F V U N F O ^ oou v,ae..[ W z W u 0 D ✓ V J T D' d \ �l ° =^ N L 4 II` C + q U 0 D ¢'VIVCL✓6 CIO r 4� ✓n P q N yu. YV W U 0 � C U 4 C I 1 E Y V> O E P. J> �r�j' o� J u rD E 11��0 Y Y� `Iu N Y w v N )J C C+ � •n 6 O a J Yy ✓ Y Y T.+ V D J V N E I V •• = V 0 O 3• 7 V O IL9 O ^� L U� O O L U C• C A Y ^ U � e • I- P C -'M {M .OU .4'S .:'C N• � IW.. d o> d N _ V Y d 06 OS } w N 0 D U J € o O ¢ v Ll N N L e 8 rn i J 4 F 0 : W z u C + c ". jib =� m 0 m F¢ �_• m E u a u nLoU�` m WuW3S'W Dcm.ig FnNnol°] Q O Zlu 9 0 m WW bC '/ hn `,•1 Z '.D�lV lb•J]�i YY bl •l . !1 IM13Wa5V] ]OiM pZ' ca3N�`Ne (1S YS02l Vl NVS A7aawaoj) �,; (_.. (WW),ol56 Y �1- Li_ W F Oo o W q g bn 0 p 2Z —• Q 0 C Y L D D w D m as L'L ,ro c i I I I 1 I I I I I m � I f 7 W � c I .� ZI (c -•JLOm I (Y I I 9 � a./t --w r 751.. /r.7r r J IL n W qi I u_ I (r N C N Qr I s 0 I ^ n (W),baW/ S J.IS .7ES I \ 2 1 LLj Ltl c� I <r) .oz .oz i LLj L1 Lti 7 lLj I C� m 3-- L 1 1 �- .1� -V I Y L D D w D q✓ u T 9 r � P 6 q q C 'J u V) U Y Y C •+ 1 ( I C 0 U• D L q q O Y A q Y L V •+ O j Y O�• V V � Y Y G L ^ I1 Y 0 Q N G O 4 u O d e L W D 0 C �• 6 u U P 0^ V 6 0 D ✓ V J T D' d \ �l ° =^ N L 4 C + q U 0 D ¢'VIVCL✓6 CIO r 4� ✓n P q N yu. W U 0 � C U 4 C I 1 E Y V> O E P. J> �r�j' o� J u rD E V O L yE `Iu N Y w v N )J C C+ � •n 6 O a J ✓ Y Y T.+ V D J V N I V •• = V 0 O 3• 7 V O IL9 O ^� L U� O O L U C• C A Y (c -•JLOm I (Y I I 9 � a./t --w r 751.. /r.7r r J IL n W qi I u_ I (r N C N Qr I s 0 I ^ n (W),baW/ S J.IS .7ES I \ 2 1 LLj Ltl c� I <r) .oz .oz i LLj L1 Lti 7 lLj I C� m 3-- L 1 1 �- .1� -V 095930" 11 $�'��1�,0.OQCA =_7- RECORDING REQUESTED BY AND'MAIL TO `J City Clerk's Office NAME City of San Luis Obispo Nt� 5,7598 �. STREET 990 Palm Street OFFICIAL RECORDS SAM LWS QBISPO M, COAL CITY San Luis Obispo, CA 93401 WILLIAM E. ZIMARIK COUNTY RECORDER TIME ��.."7 - -;. /Sp.�•(. RESOLUTION NO. 4038 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING SATISFACTION OF LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Based on information provided by staff, this Council hereby confirms the satisfaction of liens set forth in Exhibit A. Said liens were imposed for weed abatement costs incurred by the City, recorded on September 26, 1979 at Volume 2188, page 908. SECTION 2. The City Clerk is directed to send a certified copy of this Resolution to the County recorder of the County of San Luis Obispo for confirmation and recordation. On motion of Councilman Dunin , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of December 1979. ATTEST: CI -J J.H. FITZPATRICK R 4038 1.23 Resolution No. 4038 (1919 Series) APPROVED: Az City-A3minist_atia Officer VOL 2 ?O9piGF 124 EXHIBIT "A" VOLUME 2188 Page 911 Parcel Number Name of Owner Address Amt. Paid 001- 666 -19 -00 Roselip, VB, et al c/o B. Roselip, et al $81.00 212.Panorama Drive Paso Robles, CA 93.446 001 - 073 =06 =00 Browning, HS, Jr. &.CR et'�al 707 So. Russell 54.00, Odessa, MIS 64076 001 - 075 -08 -00 Murphy & Willett Investment. 2121 Monterey 54.60 SLO, CA 93401 001 = 091 =10 =00 Morgan,. RR &.JW 217 N. Broad St. 43.80 SLO, CA 93401 001- 091 -26 =00 Patterson, TR et al 675 Grove 54.00 SLO', CA 93401 001 -091 -30-00 Copeland, TM.& VL 1540 Santa Rosa 54.00 SLO, CA 93401 001-123 -27 =00 Park Plaza Apartments 1839 Corralitos .10.80 SLO, CA 93401 001.- 181 -22-00 Bunnell, RB 200 Suburban Rd.' 54.06 SLO, CA 93401 001 -181 -30-00 Anthony, BR et al TRS 575-Hill 54.00 SLO, CA 93401 VOL 2 ?0SP1GE 125 ..VOLUME 2188 Page 912 .Parcel Number Name-of Owner 001- 192 -10 -00 Madonna, A, et Val 001= 193 -01 -00 Garcia, FF 001 - 206 -12-00 001 - 224 =17 -00 002 - 292 -15=00 002 - 294 -06 -00 002 - 303 -20 -00 Holdgrafer, GN & EL et al Union Oil Co. of Calif. Farmer, CB et al Rows, J & VR Binkele, RE 002 - 311 = 14-00 Walters, LJ & CW 002 - 325 -15 -00 •Westerman J. et al U Address Amt. 'Paid Box 910 21:60 SLO, CA 93406 677 Buchon 10.80 SLO, CA 93401 1814 Alrita 54.00 SLO, CA 93401 Union Oil Bldg*. 54.00 Los Angeles, CA 90017 628. California - Blvd.' 81.00 SLO, CA 93401 5002 Axtell 54.00 Los Angeles, CA 90037 1767 Alr-ita 54.00 SLO, 'CA- 93401 1' 1190 Marsh St. 10.80 SLO, CA 93401 P. 0. Box 1467 2.1.60 SLO, CA.93406 vu 2209P!GE 126 VOL 2209PAu 127 VOLUME 2188 Page 913 Parcel Number Name_of'Owner Address 002 =508 -12=00 Leal., RC P. 0. Box 302 SLO, CA 93406 003 - 553 -20-00 Sanvill_e_, W., etval 1259 Palm, Apt. D SLO9 CA 93401 003= 568 =01-00 Central Coast Hospital Co. c/o R. Friedmann 1941 Johnson Ave_. SLO, CA 93401 003 - 572 -06-00 Tiffin, JI &,HW 2461 Johnson Ave. SLO, CA 93401 003= 647 -12 -00 Robbins, HN P. 0. Box 1 Oakview, CA 93022, 003- 652 - 23-00 Reiss, JM.& MC 1364 San Marcos Ct. SLO, CA 93401 VOL 2209PAu 127 n Address 1721 Chorro St. SLO, CA 93401 2466 Augusta SLO, CA 93401 2410 Johnson Ave. SLO, CA 93401 185 Black Oak Dr. Medford, OR 97501 234. Beebe SLO, CA 93401 2089 Ward SLO, CA 93401 761 Shell Beach Rd. Pismo Beach, CA 93449 1684 Knoll Drive SLO, CA 93401 VOL 2200p�,F 128 VOLUME 2188 Page 914 Parcel Number Name of :Owner 003 - 664 =20 -00 Bauer, JM et'1al 003493 -36 -00 Bailey; BA & DM 003 - 702 -49 -00 Gelinas, EJ & SJ. 003 - 737 -14 -00 Hungerland, C 003 - 723= 05 -00 Keck, RG 003 - 741 -15 -00 Quintanar, AR & GB 004 - 397- =01 =00 Laubacher, Williams & Rohrs 004 - 524 .02 -00 Schuetze,'TN & SJ n Address 1721 Chorro St. SLO, CA 93401 2466 Augusta SLO, CA 93401 2410 Johnson Ave. SLO, CA 93401 185 Black Oak Dr. Medford, OR 97501 234. Beebe SLO, CA 93401 2089 Ward SLO, CA 93401 761 Shell Beach Rd. Pismo Beach, CA 93449 1684 Knoll Drive SLO, CA 93401 VOL 2200p�,F 128 VOLUME 2188 Page 915 Parcel Number Name of:Owner. 004 - 58.2 -01 -00 Thomas, AF -& Pm et al 004- 582 -06 -00 Simpson, CL.., etV/al 004- 583 -34=00 Santos, MH 004 - 601 -18 -00 Dressios, B 004= 601 =19=00 Dressios, B_. 004 - 741 -01 -00 Dubin, P 004 - 742 -04 =00 Lenger, L. Jr. & JF Address Amt. Paid P. 0,. 'Box 140 54.00 Arroyo Grande; CA 93420" c/o Pennington, VL 81.00 Northrop P. 0. Box 562. APO, "NY 09616 4995 Hacienda 43.80 SLO, CA 93401 Box 44 10.80 Avila Beach, CA 93424 (same as above) 75.60 1250 Palm St. 54.60 9LO, CA 93401 P. 0. Box 1115 21.60 SLO, CA 93406 G VOLUME 2188 Page 916 Parcel Number Name of Owner 004- 964 -07 -00 Limon, F & I 004 - 811=06 -00 Derderian, R., et al 004- 811 -09 =00 Westerman, J., et al 004 =811 -22 -00 King, JE et al 004 - 811 -23 -00 The NE Deal J Address 171 Buena Vista SLO, CA 93401 6238 Enfield Ave:. Reseda, CA 91335 P. 0. Box 1467 SLO, CA 93406 c/o King, JE Dev Co. Railfoad_ Square SLO, CA 93401 c/o King JE Dev Co Railroad Square SLO, CA 93401 Amt. Paid �)4.UU 189.00 108.00 108.00 108.00 VOL 2209FAcE 130 VDL 2? ®9PIGE 131 VOLUME 2188 Page 917 Parcel Number Name of Owner Address 004- 841 -14 -00 Nungarary, C & GG 434 Dana SLO, CA 93401 004 - 844 =22 -00 Broad & South, Ltd. P. 0. Box 30590 Santa Barbara, CA 93105 004 - 844 -23 -00 Broad & South, Ltd. P. 0. Box 30590 Santa Barbara, CA 93105 004 - 844 -24 -00 Broad & South, Ltd. P. 0. Box 30590 Santa Barbara, CA 93105 004 - 924 -14 -00 Gazin,.A:, et'1al 898 Center SLO, CA 93401 004 - 951 =02 -00 King, AO & HI P: 0. Box 876 SLO, CA 93406 004 - 951 -04 -00 Jost, C., TR et al 320 Oak Bakersfield, CA 93304 004 - 961 -27 -00 McReen, RP 1257 Laurel Ln. SLO, CA 93401 VDL 2? ®9PIGE 131 VOL 29~09wE 132 VOLUME 2188 Page 918 Parcel Number Name of Owner. Address. 004 - 991 -43 -00 Brown, RM & JL et al- 3210 Flora SLO, CA 93401 004 - 991 -44 -00 Brown, RM & JL et al 3210 Flora SLO, CA 93401 004 - 991 -62 =00 Sherwood Terr Enterprises 3210 Flora SLO, CA 93401 004- 991 -66 -00 Sherwood Terr Enterprises 3210 Flora SLO, CA 93401 004 - 991 -69 -00 Sherwood Terr Enterprises 3210 Flora SLO, CA 93401 004_ 991 - 70-00- Sherwood Terr Enterprises 3210 Flora SLO, CA 93401 004 - 991 -73 -00 Sherwood Teri 'Enterprises 3210-Flora SLO, CA 93401 004491= 74 -00'. Sherwood Teir'$nterprises 3210 Flora SLO, CA 93401 004 - 991 =84=00 Nazarene Church, SLO 3396 Johnson Avenue SLO, CA 93401 VOL 29~09wE 132 VOL ?9.'I09 ? "U 133 v6LUME 2188 Page 919. Parcel Number Name of Owner Address Amt:._Paid 052 - 072 -25 -00 Jones, JP et al. 1810 Sydneb 81.00 SLO, CA 93401 052_ 134 =12 =00 v Hassle n,. GJ, et all. 2333 Helena Street 43.20 SLO; CA 93401 052 - 136 48 -00 Madonna, A Box 910 81.00 SLO, CA 93466 052- 174 -04 -00 Watts, N.C. 1805 San Luis. Dr. 33.00 ' SLO, CA 93401 052- 174 -39 -00 Polin, II 1445 Marsh.. 43..20 SLO, CA, 93401 052 - 201 -18 -00 Beauchamp., RO 687 Islay #9: 54._60 SLO, CA 93401 052 - 202 -21 -00 Cole, Sv; et al 205 Westmont Ave. 21.60 SLO, CA 93401 VOL ?9.'I09 ? "U 133 VOL 22MParF 134 n VOLUME 2188 Page 920 Parcel Number Name of Owner Address Amt.-Paid 052- 244 -28-00 Benge, D. 123 Seacliff 75.60 Pismo Beach, CA 93449 052- 471 -02 -00 Holcomb., JO & LM 192 Luneta Dr. 75.60 SLO, CA 93401 052 = X51 =14 =00 Palmer „ EB 555.Fern Lane 410.40 Sierra. Madre, CA 91024 052- 571 -11 -00 Burkhardt, PL, et al 623 P_asatiempo 32.40 SLO, CA 93401 053 - 021' =21 -00 Villa Fontana P. 0. Box 30667 54.00 Santa Barbara, CA 93105 053 - 151 -19 -00 Stream, JW c/o Moore, William E. 162.00 987 Commercial St. San Carlos, CA 94070 053 - 151 -22 -00 Automobile Club of So. Ca Terminal Annex, Box 2890 .10.80 Los Angeles, CA 90054 053 - 151 -24 -00 Kimball Land Co., Inc. 794 Buchon 10.80 SLO, CA 93401 053 - 171 =14-00 Martinelli, L &G 214 Madonna Rd: 216.00 SLO, CA 93401 dal 053- 171 -18 -00 Bartlett_, GM., et c/o R. Arneberch 81.00 11000 Lindley Avenue Granada Hills, CA 91344 053 7171- 19. -00 Peram, Inc. P. 0. Box 1011 270.00 SLO, CA 93406 VOL 22MParF 134 C VOLUME 2,188 Page 921 Parcel Number Name of. Owner 053 - 202 -15 -00 Alberti, RE et al 053 - 212 -05-00 Silvaggio, L. et al 053 - 212 -09 -00 0 Volny, AA., et al Address Amt. Paid 335 San Miguel 162.00 SLO, CA.93401 1155 Marsh 54.00 SLO, CA 93401. 1920 Broad. 54.00 SLO, CA 93401 von 2909PAu D5 N VOLUME 2188 Page 922 Parcel Number Name of Owner 001.- 015 -01 -00 Kelley; TW et al 001- 111 -13 -00 Davis King Const. Co. et al 001124-03 -00, Ahearn, JD, et al 001= 231 -25-00 Reynolds, EG & VM 002 - 304 -10 -00 Equity Associates 003 - 512 -04 -00 Hickenbottom, AM et al 003451 -09 -00 Guidetti, JA C Address 777 Lex- Ontario Road Rte. 12 Manshield, Ohio 44903 1880 Santa Barbara SLO, CA 93401 537 Cerro Romauldo SLO, CA 93401 232 Lincoln Ave. SLO, CA 93401 1380 Broad SLO, CA 93401 1461 Palm Street SLO, CA 93401 Rte 3, Box 165 SLO, CA 93406 Amt. Paid 63.60 VOL 2��P.�E 136 32.40 21.60 43.'80 32.40 41.40 43.20 Address Amt.-.Paid P. 0. Box 1457 1.0.80 Newport Beach; CA 92663 VOLUME 2188 Page 923 21660 Parcel Number Name of.Owner P. O. Box 312 004 - 271 -30 -00 Val Vista Estates, Inc. 004- 342 -07-00 Fauss, DC & MM SLO, CA 93401 004- 524 -01 -00 Biathrow, EA, Jr. &.IBS 108.00 Inc.' al 004= 841 -18 -00 Ballesteros, RF, et 004 - 871 - 11=00 Martinelli, SJ & C 004 - 991 -42 -00 Brown,RMM -.& JL, et.al Address Amt.-.Paid P. 0. Box 1457 1.0.80 Newport Beach; CA 92663 1,750 Perfumo Eyn Rd. #24 21660 SLO, CA 93401 P. O. Box 312 54.00 . SLO, CA 93406 1222 Newport -St. 21.60 SLO, CA 93401 c/o Vagabond Motor Hotels 108.00 Inc.' 1810 State San Diego; CA 92101 3210 Flora 41.40 SLO; CA 93401 VOL 2.90'r-pi Ar'E 137 VOLUME 2188 Parcel Number 052 - 011 -33 -00 052 - 141 =18 -00 053 - 061 -24=00 053 - 111 -26 -00 053- 203 -02 -00 i Page 924 Name of Owner Sec. Pac Natl Bank, Tr Volny,.S. et al Pratt, CA Laguna Lake Co. Tucker, CM ' 1 Address Amt. Paid c/o Willis, et al'attys 162.00 City Natl Bank Bldg. 606 S. Olive Los Angeles, CA 90014 1920 Broad 32.40 SLO, CA 93401 P. 0. Box 1295 189.00 SLO, CA 93406 P. 0. Box 15178 21.60 Long Beach, CA 90815 P. 0. Box 626 21.60 SLO, CA 93406 YOL 2N,U�7Pa6E x.35 I, J.H. FITZPATRICK, the duly appointed, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of RESOLUTION NO. 4038 (19 79 Series), passed and adopted on the 4th day of December 1979 , by the City Council of the City of San Luis Obispo. I,`ITNESS my hand and the seal of the City of San Luis Obispo this 10th day of December 1979 j tND OF DOCUMENT J.H. TZPATRICK CITY CLERK VOL 2 ?%ArE 139 RESOLUTION NO. 4037 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE DESTRUCTION OF CERTAIN CITY RECORDS,,DOCUMENTS, AND PAPERS, PURSUANT TO SECTION 34090 ET SEQ. OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA WHEREAS, the Chief of Police has submitted a request for authority to destroy obsolete records; and WHEREAS said request-has been approved by the City Attorney, and is recommended for approval by the City Administrative Officer, and is in accordance with the procedures and requirements of the City and Section 34090 et seq: of the California Government Code.; and' WHEREAS, said request is to authorize the destruction of all original police records including incident, crime, arrest, property reports, together with their associated logs and-index cards which are two or more years old, providing that original reports relating to offenses which can be prosecuted beyond the two -year period or which involve convicted persons will be retained during the period of time the offenses can be prosecuted and /or convictions.be appealed: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that.,the Chief of Police is hereby authorized to destroy the police records, documents, instruments, books and papers described in the foregoing paragraph to wit: 1. (a) Bicycle auction receipts and records over two (2) years old. (b) Records of expired bicycle licenses over two (2) years old. (c) Records of lost and found items over two (2) years old. (d) Miscellaneous non - criminal police contact reports over two ;(2) years old. (e) Police Daily Bulletin records over two (2) years old. (f) All arrest reports and police crime reports of infractions, misdemeanors, and felonies over five (5) years old, providing: ' (1) It does not have an unserved warrant. (2) It does not involve a stolen vehicle or firearm 4hich.has not been recovered. R 4037 Resolution No. 4037",979 Series) l (3) It.is not classified 290 Penal Code or 11850 Health and Safety - Code. (4) It is not a criminal death case. (5) It does not include violations listed in Penal Code Section 800. (6) The case is not presently involved in either civil or criminal litigation. (g) Unserved misdemeanor warrants and corresponding cases over five (5) years old:. (h) Unserved felony warrants and corresponding cases over ten (10) years old. (i) All index cards which relate to the cases destroyed. (j) Police dispatch cards over two (2) years old. (k) Field investigation cards over two (2) years old. 2. The records, documents; instruments., books and papers specified in Paragraph 1 of this resolution.do not include -any documents relating to citizen complaints or investigations in response to citizen complaints relating to members of the Police Department no$L to internal affairs investigation files. 3. The City Council finds that the City Attorney has given his written consent to the destruction of the records described in Paragraph 1 of -this resolution, and the Chief of Police'is authorized to destroy the City records described in Paragraph 1 of this resolution. 4. This resolution remains in full force and effect applying to all named records, documents,.instruments, books and papers reaching the requisite age until rescinded. Approval and consent to the above. ity Attorney On motion of Councilman Bond seconded by - Councilman Dunin , and on the.following roll call vote: AYES:. Councilmembers Bond, Dunin, Billig, Jorgensen and Mayor Cooper NOBS: None ABSENT: None the foregoing resolution was passed and adopted 1979. I day of December- -, Resolution.No. 4037 " '9 Series) ATTEST: CITY" _RR J.H..FITZPATRICK; APPROVED: l /A� City.Adminis _ "ive Officer Pol' a Chief - r-u . 800h \t2,ESOLUTION N0. 4036 (1979 Ser-. )j) f A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SALE OF SURPLUS FIRE EQUIPMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to the request of the Fire Chief, and in accordance with Charter Section 906, this Council hereby authorizes the sale of City property described as follows: A 1955 GMC pumper, City identification number 255. SECTION 2. The Fire Chief has determined the fair market value of the described pumper to be $5,000.00. SECTION 3. Because of serious fire equipment deficiencies in the City of Castroville, California, suffered due to equipment breakdown, and the consequent fire hazards, this Council authorizes immediate sale of the described pumper to the City of Castr0ille for $5,000.00. On motion of. Councilman Dunin seconded by Councilman - Jorgensen -, 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 adopted this, 1979. ATTEST: CI RK J.H. FITZPATRICK APPROVED: C its- Admi�r4 " -five f icer City Attorney Fire Chief 4th day of narPmlibr R 4036 RESOLUTION N0: 4035(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ROSS, LEVIN, MacINTYRE, ARCHITECTS. FOR "MASTER PLAN OF POLICE FACILITIES" a 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 ROSS, LEVIN, MacINTYRE, ARCHITECTS 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: Ross, Levin, MacIntyre, Architects, Police Chief, Finance Director On motion of Councilman Jorgensen ., seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this -4th day. of December 19 79. ATTEST: CITY .H. ITZPATRICR R 4035 RESOLUTION NO. 4035 (1979"§eries) APPROVED: oe City- Admix' .tratve Officer City Attordey Polio ief CONSULTANT SERVICES AGREEMENT THIS AGREEMENt. made and entered into this 4th day of December , 19792 by and between the City of San Luis Obispo; hereinafter "City" and Ross, Levin, MacIntyre, Architects, hereinafter "Consultant ". WITNESSETH WHEREAS, City desires to retain certain services Master Plan for Existing and Proposed Facilities of the Police Department. WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such services; and r ' - Consultant has offered to provide required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION (a) City. The Chief of Police of the City of San Luis Obispo or his designated representative hereby is designated as the Project Manager for the. City. He shall supervise the progress and execution of this agreement. (b) Consultant. 'Consultant shall assign a single Project Coordinator to have overall responsibility for the progress and execution of this agreement for Consultant. Rodney R. Levin is hereby designated as the Project Coordinator for Consultant. Should circumstances or conditions subsequent to the execution of,this agreement require.a substitute. Project Coordinator for any reason, the Project Coordinator designee shall be subject to the prior written acceptance and approval of the.Public Services Director for the City of San Luis Obispo. -1- 2. DUTIES OF CONSULTANT (a) Services to be Furnished r , Consultant shall provide all specified services and produce materials as set forth in Exhibit "A" consisting of 2 pages attached hereto and incorporated herein by this reference. (b) Laws to be Observed. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices excluding the EIR process, which may be necessary and incident to the due.and lawfui prosecution of the services to- be performed. by Consultant under this agreement; (2) Keep itself fully informed of all existing and future federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement; any r - materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with and cause all of its employees, to observe and comply with, all of said laws., ordinances, regulations, orders and decrees mentioned above. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any report, information, data, or other material given to, or prepared or assembled by Consultant under this agreement shall be the property of City and shall not be made available to.any individual or organization by Consultant without the prior written approval of the City's Project Manager. -2- (d) Copies of Reports and Information If City request additional copies of reports, drawings, specifications, or any other material in addition to that Contractor is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's cost. (e) Qualifications of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3.. DUTIES OF CITY City agrees to cooperate with Consultant and to perform those tasks ascribed. to it in Exhibit "A" attached hereto and incorporated by this reference. 4. COMPENSATION The City shall pay Consultant for services performed hereunder as set out in Exhibit "A" attached hereto and incorporated by this reference. Consultant shall submit itemized invoices to the City specifying work performed and payment due. Payment shall be due within thirty (30) calendar days of invoice date. Invoices shall be submitted to the City on a monthly basis. 5. TIME IS OF THE ESSENCE. (a) Time of completion of this project is of the essence. (b) Consultant shall complete the work to be performed under this agreement within the time frame mutually established. (c) Time extensions may be allowed for delays caused by City or other governmental agencies. 6. TEMPORARY SUSPENSION City's Project Manager shall have the authority to suspend this agreement, wholly or in part, for any such period as he deems necessary due to unfavorable conditions or to the failure on the part of Consultant to perform any provisions of this agreement. -3- r' 7. SUSPENSION; TER14INATION (a) Right to Suspend or Terminate. The City retains.the right to terminate this agreement for any reason by notifying Consultant in writing seven (7) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which follow the intent of the work scope as per Exhibit "A ". (b) Return of Materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant, or given to Consultant in connection with this agreement. Such materials shall, however, be presented'in a useable format or condition and the.Consultant shall be reimbursed for such time as may be required to prepare said materials. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials nor for City's use of complete.documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish City with reasonable opportunity for City to ascertain that the services of Consultant are being performed_ in.accordance With the requirements and intentions of this agreement. All work done and all material furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. -4 � 1 I i 9. OWNERSHIP OF MATERIALS All original drawings, plans and other materials prepared by Consultant pursuant to this agreement shall become the permanent property of the City. Consultant may, however, retain copies for his own records. 10. INDEPENDENT JUDGEMENT. Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgement shall not be constructed as a failure on the-part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT;.SUBCONTRACTORS; EMPLOYEES This.agreement is for the performance of professional consulting design services of the Consultant and is not assignable by the Consultant without prior consent of the City 'i.n writing. The`Consultant may employ other specialists to perform several services as required with prior approval by the City. All such services shall be actually performed by'or shall be immediately supervised by a consultant with the qualifications and experience necessary to practice in the appropriate field. 12. NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To City: Office of the City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, California 93406 To Consultant: Ross, Levin, MacIntyre, Architects 1129 Marsh Street San Luis Obispo, California 93401 -5- i 13. INDEMNITY Consultant hereby agrees to indemnify and save harmless the City, its officers, agents and employees of and from: (a) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act of omission, negligent or otherwise, of Consultant under this agreement or of Consultant's employees or agent's; (b) Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any act or omission, negligent or otherwise, of Consultant under this agreement or of Consultant's employees or agents; (c) Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damaged suffered or sustained by any employee or agent of Consultant under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole-negligence or willful misconduct of City, its officers, agents, or employees; (d) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term of condition of any permit. Consultant, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted ( 1 ~I by third persons against City, its officers, agents, or employees on any such claim or demand of such third persons, or to enforce any such penalty; and pay and satisfy any judgement or decree that may be rendered against City, its officers, agents, or employees in any such suit, action, or other legal proceeding. This condition applies only to actual work performed by Consultant in the reasonable execution of the work.scope attached hereto and covers any acts of his or his subcontractors. 14. WORKERS' COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 15. INSURANCE. At the request of the City's project manager, Consultant shall provide proof of comprehensive general liability insurance (including automobile) and business liability insurance in amounts satisfactory to the City's project manager. 16. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and "shall bind, the heirs, successors., executors, administrators, assigns, and subcontractors of both parties. 17. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to.be a waiver of such term, covenant, condition, ordinance, or 10 1 law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance.. 18. COSTS AND ATTORNEY FEES The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney fees expended in connection with such an action from the other party. 19. AGREEMENT CONTAINS ALL UNDERSTANDINGS . This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed thi.s agreement the day and year first above written. CITY OF SAN LUIS OBISPO By s /LYiv.N R. COOPER Mayor Lynn R. Cooper ATTEST: sIJ.H. FITZPATRICK City Clerk J.H. Fitzpatrick 55:13 APPROVED: City Attorney City _ -hi atiV icer Chief. f Police . ME I- ..;;•;, 1. 7 J .. '. .. ARCHITECTS October 9, 1979 Captain Donald Englert San Luis Obispo Police Department 575 Santa Rosa Street San Luis Obispo, CA 93.401 Re: San Luis Obispo Police Facility Expansion Dear Captain Englert, It was a pleasure meeting with you and the Chief last Friday to discuss your expansion plans and to see the progress you have made updating your communic- ation center. I was most impressed. From our discussions on Friday and the data you provided us with, we propose the following services: A. Master Planning of the existing and proposed facilities to accomodate a ten year growth period. B. Assist in setting goals, objectives and priorities. C. Establish cost estimates and phasing of work. D. To provide full Architectural Services, Design Engineering, Contract Drawings and Specifications, and Administration of Bidding and Construction. For services listed under A. B. and C. we suggest that our fee based on our 1979 Hourly Rate Schedule (copy enclosed) with a maximum lump sum not -to- exceed $3,700.00. This letter would serve as an agreement. Services listed under item D. we propose to use our Standard A.I.A. Form of Agreement Between Owner and Architect, 1977 Edition, (two copies enclosed) with the fee set at 8% of the lowest acceptable bid, or if you desire, a lump sum fee of $32,000. based on estimated construction costs of $400,000. 'The master planning fee would be credited to the full-services fee - item D. It is our undersatnding that the Chief requires some cost data and scheduling by the end of this month to assist him in establishing C.I.P. funding. Don if this meets with your approval it to office at your convenience. YQ'rs/very tYA ' odney R. LeIA please sign the enclosed copy and return APPROVED: DATE: 1129 MARSH ST.', SAN LUIS OBISPO, CALIFORNIA 93401 (805)543 -1291 ARCHITECTS January 1, 1979 HOURLY RATE SCHEDULE: Principal Architect Designing and Engineering Drafting Senior Draftsman Junior Draftsman Steno Field Supervision/Observation Certified Architect Consulting Engineers Consultation Travel Printing Specifications Telephone, long distance. $ 35.00 per hour 30.00 per hour 24.00 per hour 18.00. per hour 12.00 per hour 10.00 per hour 30.00 Cost + 250.00 15 .10 5.00 at co� per hour 5 percent per day per mile + cost per square foot per copy 3t 1129 MARSH ST, SAN LUIS OBISPO, CALIFORNIA 93401 (805)543-129 _,= Nn DO D =' a D zm zc� O •r-� 2-4 SC r- -n m m m a C .O ►+ -r -�-+ Z Ln N N C7 0 C) O D m C/) m n 3 m 5 m C H m ;ov ;a 3> o C-) •_:) S —i C) r 0 0 O C) w N z N o J Chi Z_ J. m Fy H• 0 z -) O m D a I rn r r 0 � J. a z D N w m.= a m 3 = 7 ;a 0 0 7c v < r r m O c mO r C) N Z Z D O C") D Z Q N Q J. D m N m D r v:x o m O - C) C) - op. C) N D J..... r -, n O 0 J. a V) = N E a O a D r z r D C N C m J.. O J. m N Z- N W O m O C C7 r o- cn m �. -4 N C) N Z -0 -1 v m 0 C> o (A Z o C-) a) T a C-) w o J N J ::] -h yi N 0 0w N N CN '9 m W N co 3 Z oj O Qj < Z N r. E .Z 7C rx r- C-) o C) r cm c m oo r-: CD H m � �� D CD ;a CD C- w D 0 3 rr Q'-0 Qr 77C J•� N O N N ► O a� m a C-) o r o< C") r O a Y a m Y Y Cl) 3 m J. C> a -nz C-) D -i D, �• Z i� m -h =n o x o < o 7 O a N D J. �. C) J. Z a w x a c) CD x 0 r -4 a a 3 3 C- C- a o o a a 75 -s 0) rD CD CD rr �: 0 N J. J. J. C..r C..1 w .. r- 0 0, 0 a• a w a r0D a o u+ N co N N r.+ � 3 3 0 o T c a w n w O (D (D- (D N N .O 7 O n a 0. a a, -.J. 0) .m.. r r H N a n n n o (D c c a► rD c+ a a s Q N �. �• a 'S (D ..-+ J• M (A N < V) 7 J. O O C n O 0' Q _ (D C+ C+ C+ 3 r. O Y O O (D w w w a C+ C+ C+ .� a sw sw 0 J J O J 0 N C+ Z J. n C+ A W N O CJ) N 00 W O O O CI) O O L" CD 'O O }O O CT O O O O m O O CD O C) O Y O O O O O O O O O O O C 'C) Q C) 0 C) C) C) CD Cl C) p. j D m_ D r r 0 0 0 r m m X S m v J.. o ' N 5 - /ln RESOLUTION NO.4034 (1979 Series) A RESOLUTION OF THE COUNCIL.OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND PERRY &RING, INC. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit V' and incorporated herein by reference, between the City of San Luis Obispo and Perry & Ring, Inc. 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 Parks & Recreation, Finance Director Perry & Ring, Inc., On motion of Councilman Jorgensen. ,seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT; None the foregoing Resolution was passed and adopted this 4rh day of D mh r- , 19 79. ATTEST: CjTyjp�H. FITZPATRICK R 4034 RESOLUTION NO. 4034 (197911�lries) APPROVED: City AdminCs "trative Officer CONSULTING SERVICES AGREEMENT (PERRY & RING, INC.) THIS AGREEMENT, made and entered into this 4th : - day of " December 1979 . by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of California, hereinafter "CITY," and'PERRY & RING, INC., "Consultant." WITNESSETH: WHEREAS, City desires to retain certain services for preparation of all necessary electrical engineering services as required in the preparation of contract documents, field administration and bidding process for Sinsheimer Park softball field lighting, and associated electrical work, project; and WHEREAS., City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth herein; NOW; THEREFORE, in consideration of the conditions and terms contained herein, the parties hereto agree as follows: 1. PROTECT COORDINATION. a. City. The Director of Parks and Recreation shall be the representative of the City for all purposes under this Agreement. The Director of Parks and Recreation hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of this Agreement. b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. 2. DUTIES OF CONSULTANT. A. Services to.be_ furnished. Consultant shall provide all specified services as set forth in Exhibit A attached hereto and incorporated herein.by this reference. b. Laws to be.observed. Consultant shall: (1) Keep itself fully informed of all existing and future federal, state.. and local.laws, ordinances, regulations, orders and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant's performance under this Agreement, or the conduct of the services under this Agreement; (2) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; c. Release -of reports and information. Any reports, information, data, or other materials given to, or prepared or assembled by, Consultant under this Agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. d. Copies of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Con- sultant is required to furnish in limited quantities as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. e. Qualifications of Consultant. Consultant represents that it is qualified to furnish the.services described under this Agreement. 3. COMPENSATION. For the full performance of the services decribed herein, the City shall -compensate Consultant as set out in Exhibit A. 4. CHANGES.TO SCOPE OF-WORK. The parties may, from time to time, request changes in the scope of work of this Agreement to be performed heremnder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to thi "s Agreement, and no work shall be done by Consultant on a proposed amendment until the City executes the Amended.Agreement. -2- . r1 U 5. TIME IS OF THE ESSENCE. a. Time of completion of this project is of the essence. b. Consultant shall complete the work to be. performed under. this Agreement no later than January 15, 1980. c: Time extensions may be mutually agreed upon in writing for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. '.TEMPORARY SUSPENSION. The Director of Parks and Recreation shall have the authority to suspend this Agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or the failure on the part of the Consultant to perform any provision . of this Agreement. 7. SUSPENSION: TERMINATION a: Right to suspend or terminate. I- - The City retains the right to terminate this Agreement for any reason by notifying Consultant in writing seven days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this Agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of benefit to City. Said compensation to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, than an independent arbitrator is to be appointed And his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all materials whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this Agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials or for - .City's use of complete documents if used other than the project contemplated by this Agreement. -3- 8. INSPECTION.. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with. the requirements and intentions of this Agreement. , All work done and all materials furnished, if any, shall be subject to the City's project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP-OF MATERIALS. All original materials prepared by or in possession of Consultant pursuant to this Agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. 10. INDEPENDENT JUDGMENT. Failure of City to agree with Consultant'srindependent findings, conclusions, or recommendations, if the same are called for under this Agreement, on:the basis of differences in matters of judgment shall riot be construed as a failure oil the part of Consultant to meet the 'requirements of this Agreement. 11. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES. This Agreement is for the performance of professional consulting services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ either specialists to perform special services as required with prior approval by the City. 12. NOTICES. All notices hereunder shall be given in.writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: Office of City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 To Consultant: Perry & Ring, Inc 200 Suburban Road, Suite B San Luis-Obispo, CA 93401. -4- f 13. INTEREST OF CONSULTANT. Consultant convenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise,. which would conflict in any manner or degree with the performance of the services hereunder. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer -or employee of City. It is expressly agreed that, in the performance of the services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City.. 14. INDEMNITY. Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to: or, death of any person or corporation caused by any negligent act or omission of Consultant under this Agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers, agents,'or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this Agreement or of Consultant's employees or agents; c. Any and all claims and demandswhich may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this Agreement, however caused, excepting, however, any such claims and demandswhich. are the result of the negligence of willful misconduct of City., its officers, agents, or employees; d. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any appartus, appliance, or materials furnished by Consultant under this Agreement; and -5- e. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term of condition or any permit is due to negligence on the part of the Consultant. Consultant, at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against City, its officers, agents or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action, or other legal proceeding, when same were due to negligence of the Consultant. 15. WORKERS COMPENSATION. Consultant certifies that it is aware of the- provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self.- insurance in accordance with the provisions of this Code,. and it certifies that it will comply with such provisions before commencing the performance of the work of this Agreement. 16. INSURANCE. At the request of the Director of Parks and Recreation, Consultant shall provide proof of comprehensive general liability insurance (including automobile) and professional liability insurance in amounts satisfactory to the Director of Parks and Recreation. 17. AGREEMENT BINDING. The terms, convenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcon- tractors of both parties. 18. WAIVERS. The waiver by either party of any breach or violation of any term, convenant, or condition of this Agreement,, or of any provision, ordinance or law shall not be -6- �J� Y deemed to be a waiver of any subsequent breach of violation of the site or of any other term, convenant, condition, ordinance or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, convenant, or.condition of this Agreement or of any applicable law or ordinance. 19. COSTS -AND ATTORNEY'S FEES. The prevailing party in any action between the parties to this Agreement brought to enforce the terms of this Agreement or arising,out of this Agreement may recover its reasonable costs and attorney's fees expended in connection with such an act -ion from the other party. 20. DISCRIMINATION.. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. 21. AGREEMENT CONTAINS ALL UNDERSTANDING. This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended.only by written instrument signed by both City and Consultant. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this Agreement the day and.year first above written. -7- ATTEST: S/J.H. Fn7PATRICIK CITY CLERK J.H. FITZPATRICK APPROVED: ty Adminiotdtile Officer City ?/ttorney to of Parks & Recreation G PERRY & RING, INC. BY: its President CITY OF SAN LUIS OBISPO AYNN R. COOPER MAYOR LYNN R: COOPER -8= PERRY —&- RING INC. \ CONSULTING ELECTRICAL ENGINEERS October 8, 1979 Mr. Jim Stockton Director of Parks and Recreation City of San Luis Obispo Department of Parks and Recreation 990 Palm Street P.O. Box 321 San Luis Obispo, California 93406 Re: Softball Field Lighting and Associated E-1-ectrical Work, Sinsheimer Park, San Luis Obispo, California Dear Mr. Stockton: Pursuant to your request and our meeting at your office on October 1st, 1979, this office has reviewed the requirement as set forth in your letter dated October 3rd, 1979, for the above referenced project in order to establish a fee for the performance of all necessary Electrical Engineering Services as required in the preparation of Contract Documents, Field Administration and Bidding Process. In general, the efforts of this office will include: 1. Initial load analysis and utility investigation. 2. Complete design of all Electrical System, including the Scorer's Shed, Concession Area and Path Lighting. 3. Prepare a complete set of Electrical Working Drawings. 4. Prepare a complete set of Electrical Project Specifications. 5. Prepare a complete Budget Cost Estimate and Material List suitable for Bidding. 6. Utility coordination during design and prior to construction. 200 Suburban Road, Suite B • San Luis Obispo, California 93401 *(805)541-3650 Mr. Jim Stockton October 8, 1979 Page Two 7. Review of all Shop Drawings and Submittals of materials. 8. Provide Site Visits, Inspections and General Management during the Construction Period. 9. Assist the Owner and act as his representative at meetings during the pre- construction period. We are prepared to perform the above outlined scope of work for a lump sum fee of $2,980.00. The above does not include the cost for printing and duplication of construc- tion documents as required for the bidding process or construction, nor does it include direct costs such as long distance telephone calls related to the project. All such costs will be billed on arf direct cost basis plus ten percent. This office will furnish all necessary check prints as required during design and for utility coordination. All typing of specifications and other docu- ments required will be performed under this contract. On the 25th day of each month this office will forward a statement for work performed and will furnish at time of completion a final statement for Con- struction Documents (85% of total fee). The remainder of fee (15 %) will be billed during the Bidding and Construction Phase. Upon acceptance of this Fee Proposal, we would appreciate receiving instruc- tions from your office as to target dates for completion of Design and Construction Documents. Thank you for the opportunity of providing you with this Fee Proposal, and if acceptable, return the signed copy with your letter of instructions to our office. Please feel free to contact me should you have any questions as to the above. Sincerely, PERRY AND RING, INC. anz g, Accepted by: resi ent Jim Stockton FR /res Director of Parks & Recreation City of San Luis Obispo Enclosure (1) Dated: December 4, 1979 RESOLUTI("' NO. 4033 (19 79 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND §AN LUIS OBISPO SWIM CLUB, INC. / &�. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo Swim Club, Inc. 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�Obispo Swim Club, Inc.,. Director of Parks & Recreation On motion of Councilman Dunin seconded by Councilwoman_Billig , and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Yayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day -of Decembcr > 1979. ATTEST: CI ,J.H. FITZPATRICK R 4033 RESOLUTION NO. 4033 (1979 Series) " APPROVED: i City Adminis tive Officer City Attorney of Parks & Recreation EXTENSION- OF.AGREEMENT Use Of Municipal Swimming Pool At Sinsheimer Park THIS EXTENSION OF AGREEMENT, made and entered into this 4th day of December , 1979, by and between the CITY OF SAN LUIS OBISPO, A municipal corporation (hereinafter, "City "), and the SAN LUIS OBISPO SWIM CLUB, INC.., also known as the SAN LUIS OBISPO SEA HAWKS, an educational, non - profit, tax- exempt corporation headquartered in the City of San Luis Obispo (hereinafter, "Club ") WITNESSETH: 1. The undersigned City and Club agree that their previous agreement dated July 17, 1979, . entitled "Agreement -Use of Municipal Swimming Pool at Sinsheimer Park," a copy of which is attached hereto, shall be extended for a period of one year, from December 1, 1979 through November 3T. 1980. 2. The terms and conditions of the attached agreement shall otherwise remain unchanged and shall apply as well to the extension period. IN WITNESS WHEREOF, the parties hereto have executed' this Agreement on the day and year first written above. ATTEST: sl.BA FITZPATRICK CITY CLERK J.H. FITZPATRICK APPROVED: City Adhiinistrat -ive Officer torney arks & Recreation CITY OF SAN LUIS OBISPO s /LYE , ;�%j- R. -r_nn FR___ - MAYOR LYNN R. COOPER SAN LUIS OBISPO SWIM CLUB, INC. By:i. Name: Barry *f. - Karleskint -- - -- -/ Title: Vice - President j l AGREEMENT USE OF MUNICIPAL SWI2.MING POOL AT SINSHEIIIER PARK THIS AGREEMENT, made and entered into this 17th day of July , 1979, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter "City ",), and the SAN LUIS. OBISPO SWIM CLUB, INC., also known as the SAN LUIS OBISPO SEA HAWKS, an educational, non - profit, tax- exempt corporation headquartered in the City of San Luis Obispo (hereinafter, "Club ") . WITNESSETH: r WHEREAS, City is the owner and operator of the Municipal Swimming Pool located at Sinsheimer Park (hereinafter "Sin- sheimer Pool "); and WHEREAS, City desires that all residents of San Luis Obispo with interests in any manner of aquatic activities, including competitive swimming, have the opportunity to make use of Sinsheimer Pool; and WHEREAS, Club makes available aquatic training and compet- itive experience as well as.other aquatic activities to all members of the community and has indicated its desire to make Sinsheimer Pool its home facility; NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants, and conditions herein set forth, City and Club hereby mutually agree and covenant-as follows: EXHIBIT "A" 1. City hereby grants to Club the use of Sinsheimer Pool for team workouts during the hours of 7:00 A.M. to 10:00 A.M. and 5:00 P.M. to 7:00 P.M. during non - school months and during the hours of 6:00 A.M. to 8:00 A.M. and 5:00 P.M. to 7:00 P.M.. during the school term. This use is limited to Monday through Saturday. This use is not necessarily exclusive and the Club will share Sinsheimer Pool during these hours with non- conflict- ing groups if scheduled by mutual agreement with the Director of Parks and Recreation. 2.. Club agrees to pay the City rent as follows: A. For the - months of: JUNE, JULY and AUGUST $80.00 per month B. For the months ofe •' SEPTEMBER.through MAY $75.00 per month C. If Club and City agree that Club may use Sinsheimer Pool at times in addition to those set out above, the rental for the additional time shall be.$15.00 per month hour; i.e., one hour per day, Monday through Saturday for one month. 3. TERM AND RENEWAL A. The _term of this agreement shall be six (6) months, to commence on June 1, 1979. B. This agreement may be renewed on the same terms i and conditions on a year to year basis upon mutual consent of the parties hereto. 4. City hereby further grants the Club the use of Sinsheimer Pool to host certain swim meets. Swim meet dates must be sub- mitted to the office of the Parks and Recreation Department a -2- The storage thereof shall not interefere with normal City operation of other aquatic.programs. Storage area shall be approved by the Director of Parks and Recreation. 8. Club agrees to furnish, for its own use, any and all aquatic paraphernalia it deems necessary to conduct a safe train- ing and competitive program. Such property, including -fixtures, shall remain the property of the Club and shall not be used by any other- group or organization without the written permission first being granted by the Club. Any equipment provided by the Club to the City on a permanent basis shall be covered by separate agreements. 9. Club shall furnish to City evidence of current policy of comprehensive general liability insurance in the amount of $1,000,000.00 which shall name the City as additional insured for the periods of time that the Club is conducting its program at Sinsheimer Pool or on the site. Such insurance shall insure such performance by the Club of the indemnity provision of Section 16 but shall not limit the liability of the Club to the stated amount of the insurance. The evidence of insurance shall contain an endorsement that the insurance is primary coverage and will not be cancelled or altered by the insurer except on 30 days written notice to City. 10. Club shall furnish any and all personnel necessary to conduct its aquatic workouts and swim meets. Personnel may include, but not be limited to, coaches, lifeguards, and meet officials. , -4- minimum of sixty (60) days prier to the date of the event to accommodate possible rescheduling. Club shall have exclusive use of Sinsheimer Pool and pool facilities for scheduled swim meets. Swim meets shall be held only on Fridays, Saturdays and Sundays; provided that no meet will begin earlier than 4:00 P.M. on Friday or end later than 8:00 P.M. on Sunday. _ 5. City agrees to provide the additional custodial functions required during a swim meet. In consideration for the pool time and these services during swim meets the Club agrees to pay City according to the following schedule of rates: A. A.A.U. Sanctioned Swim Meets 1. Friday . . . . . . $20.00 2. Saturday . . . . . . . . . . . 40.00 3. Sunday A. Meet ending before 1:00 P.M. 30.00 b. Meet ending after 1:00 P.M. 50.00 B. A.A.U. Sanctioned Dual or Inter -Squad Meets: Each day held (usually a one partial day meet) _ 20.00 6. City agrees to grant Club the use of Concession Room_ at San Luis Obispo Stadium in Sinsheimer Park for the above swim meets. In consideration for this use the Club agrees to pay the City twenty percent (20 %) of gross sales made from the Concession Room. 7. City hereby grants the Club the right, with no liability to the City for loss or damage, to store at Sinsheimer Pool such aquatic paraphernalia that is associated with the Club's program. =3- c 11. Club retains the right to expand its program to meet the needs of the community as outlined in its corporate articles and by -laws. Any expansion of programs will not change use times or rental rates as described herein except as provided for in Section 2 of this agreement. 12. Club shall be responsible for damage, excepting normal wear and tear, if the damage occurs during,the time Club is using Sinsheimer Pool and the damage arises out of and is in connection with Club's use of Sinsheimer Pool. 13. Club shall notify the City if its tax - exempt and non- profit status should change. 14. City and/or Club may terminate this agreement without the other party's consent by giving six.months written notice. 15. Notices under this agreement shall be sent by certified mail, return receipt requested, postage prepaid, addressed as follows: CITY: Office of the City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 CLUB: San Luis Obispo Swim Club, Inc. Board of Directors P. 0. Box 142 San Luis Obispo, CA 93406 1.6. Club shall indemnify and save harmless City from all claims, demands and judgments arising out of any injury to any person or property occurring in, on, or about Sinsheimer Pool premises arising out of Club's use or occupancy of the facilities. Club shall not hold City harmless for responsibility for damages or injury arising solely out of.City's negligent acts or omissions. -5- IN WI"7TESS WFXREOF, the parties hereto have e::Recuted this agreement on the day and year first above written. ATTEST: C lerc J. H. Fitzpatrick .Approved as to form: SAN LUIS OBISPO SWIM CLUB, INC. By: d � Name & Titl - Barry M. Rarleskint Memberi.Board of Directors Approved as to content: City Attorney City Administive- Officer D� re o f Parks & Recreation RESOLUTION NO. 4032 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 703 LOCATED AT 3701 SOUTH HIGUERA STREET (SUBDIVIDER: HIGUERA COMMERCE PARK DEVELOPMENT COMPANY) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: That this Council, after review and consideration of the tentative map of Tract 703, the Planning Commission's recommendations, staff recommendations and reports thereon, including the environmental determin- ation, makes the following findings: 1. The tentative map is consistent with the General Plan and specific plans (refer to Exhibit "A" attached). 2. The design and improvements of the proposed subdivision are consistent with the General Plan and specific plans. 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 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. 8. The determination of the Community Development Director and the Planning Commission that the environmental impacts of Tract 703 were fully discussed in the previously certified South Higuera Commerce Park Environmental Impact Report and that the prior findings that the project will not have any significant avoidable adverse effects are affirmed. SECTION 2. Conditions: That the approval of the tentative map for Tract 703 be subject to the following conditions: 1. Subdivider shall dedicate to the city a one -foot access reserve strip across the easterly end of proposed Granada Drive. 2. The subdivider shall dedicate that portion of Lot 48 required to permit extension of the proposed interior loop street to the southerly tract boundary, to include a one -foot access reserve strip at the tract boundary. R 4032 n Resolution No. 4032 Tract 703 Page 2 3. Subdivider shall provide a landscape island of at least 42 feet in width between South Higuera Street and the proposed frontage road. The precise location of the island and street improvements shall be to the approval of the Community Development Director, based on an accurate survey of existing trees to be furnished by the subdivider. Additional landscaping shall be installed to the approval of the Community Development Director. 4. The subdivider shall pay to the City 25% of the cost of installing traffic signals at the intersection of South Higuera Street and Tank Farm Road, and dedicate land at the northeast corner of that intersection necessary to permit signalization. 5. Subdivider shall install sewer mains with sufficient reserve capacity to__ serve adjacent undeveloped land in the Margarita Expansion area, to the "approval of the City Engineer. City to bear additional costs of installation resulting from providing excess capacity: 6. Subdivider shall submit a detailed drainage and grading plan prepared by a licensed civil engineer, and provide storm drainage improvements and ease- ments to the approval of the City Engineer. 7. Interior loop street designated "Bonetti Circle" shall be renamed, using a different street name for each of the three segments, to the approval of the Community Development Department. 8. Subdivider shall grant a private sewer easement across Lot 36 to adjacent property to the north which is not a part of this tract:.. 9. Installation of 'sidewalks on interior streets is temporarily deferred. Side- walks shall be installed across the frontage of each lot as a condition of building permit issuance. 10. All utilities along Prado Road shall be undergrounded. 11. Eliminate the eaaterly- extension of Granada Drive including utilities beyond,,-. Bonetti Circle. On- motion of-- Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote:- AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper NOES: Councilwoman Billig ABSENT: None the foregoing Resolution was passed and ATTEST: Ci etk J.H. Fitzpatrick this 20th day of November. 1979. R. Resolution No'. 4032 Tract 703 Page 3 APPROVED: City Administrative Officer City Attorney Comm'u'nity -D velopme Department GO T F 14 M M LIJ,3 M M 23 Ise ISM ism 51Fi s Its- 0 Sa ids? ax C-03i 2 oil wx A0 —Zel— 7y ; fl 1 LIJ,3 4 UP 4CM W. go z f. .7. VNI ic L4 CD Fee IM cc Is Mon Io. w2 110 Cam? C=--y IL 23 Ise ISM ism 51Fi s Its- 0 Sa ids? ax C-03i 2 oil wx A0 —Zel— 7y ; fl 1 w2 23 Ise ISM ism 51Fi s Its- 0 Sa ids? ax C-03i 2 oil wx A0 —Zel— 7y ; fl 1 RESOLUTION NO. 4031 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, GRANTING APPROVAL OF TENTATIVE TRACT NO. 858 LOCATED AT 1800 PREFUMO CANYON ROAD (OWNER: BERNARD AND ELIZABETH DUVENECK) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: That this Council, after review and consideration of the tentative map of tract 858, the Planning Commission's recommendations, staff recommendations and reports thereon, including the environmental deter- mination, =makes the following findings: 1. The tentative map is consistent with the General Plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the General Plan and specific plans. 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 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. 8. The'determination of the Community Development Director to grant the project a negative declaration under the California Environmental Quality Act is affirmed. 9 _ -The determination of the Planning Commission pursuant to Sect -ion 9100.1.5 relative to cross - slopes is affirmed; specifically that .lots 1 -19 have a cross= (Slope of 0 % -10 %; 20 -28 have a cross -slope of 10 % -15 %; 29 -30 have a cross -slope of 15 % -20 %; 31 -33 . have a cross slope of 10 % -15 %; 34 -48 have a cross -slope of 0 % -10 %. SECTION 2. Conditions: That the approval of the tentative map for tract 858 be subject to the following conditions: 1. All lots shall be revised to conform to Subdivision Ordinance standards. 2. Subdivider shall reconstruct Prefumo Canyon Road along entire tract frontage to the approval of the City Engineer. Grading and paving shall conform to street section shown on tentative map (34' paved roadway width) with street cut cross- slopes - rounded. R 4031 Resolution No. 4031 (1979 series) Tract 858 Page 2 i 3. The installation of sidewalks along the north and westerly side of-Prefumo Canyon Road is deferred until- called for by the City Engineer. The edge-of _ the road shall be improved with a P.C. curb and gutter to:be shown_ on the tentative map: 4. ,A note will be placed on the final map indicating that lots 26 -28 on Capistrano Court may be subject to flooding should the drop inlet in this area become blocked. 5. Grading plan shall be revised to eliminate cross -lot drainage, or a drainage plan providing for cross -lot drainage shall be submitted to the approval of the City Engineer. l 6. Final map shall note special corner setback and height limits on lots 23 to 29, to ensure adequate sight distances at Prefumo /Castillo intersection, to the approval of the City Engineer. 7. Subdivider shall prepare a landscaping and fencing plan for a 20 -foot set- back line along the entire Prefumo Canyon Road frontage, to the approval of the Community Development Director and the Architectural Review Commission. Said plan shall employ native landscaping and consistent fencing treatment in such selected areas where fencing is appropriate for screening. 8. Subdivider shall remove existing water tank on lot 30, or provide suitable easements to the approval of the City Engineer. 9. Final map shall note that lot 29 shall not be further subdivided. 10. A note shall be placed on the final map stating that portions of lots. 29 -36 are above the city water service limit and desired water pressures may require individual pumps. Building sites shall be located, when possible, to minimize the use of pump systems. . 11. Access to- site - during construction of subdivision shall be limited to_Prefumo Canyon _.Road. -. -. - ,,..,_..._.. --On-motio'n'-of Councilman Jorgensen, seconded by Councilman Bond, and on the following rol_l_ca_l_1 vote: _ AYES: Counc-ilmembers Jorgensen; Bond, Dunin` and Mayor Cooper NOES : - Councilwoman - Billig ABSENT: None the foregoing resolution was passed and adopt9& 01is 20th day of ATTEST: Cit erk J.H. Fitzpatrick LYNN R. COOPER Resolution No. 4031 (1979 series) Tract 858 Page 3 APPROVED: City A ministrative Officer City Attorney Community D velopm Department I M1 1• RESOLUTION NO. 4030 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR HINOR SUBDIVISION 79 -223 LOCATED AT 1055 SOUTHWOOD DRIVE (APPLICANT: NEW WORLD INVEST11ENTS) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: That this Council, after review and considera- tion of the tentative map of Minor Subdivision No. 79 -223, the Planning Commission's recommendations, staff recommendations and reports thereon, including the environmental determination, 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 M - -S 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 public ease- ments for access thorugh, or use of, property within the proposed sub- divisions. 5. The determination of the Community Development Director to grant the project a negative declaration under the California Environmental Quality Act is affirmed. SECTION 2. Conditions: That the approval of the tentative map for Minor Subdivision 79 -223 be subject to the following conditions: 1. An easement for drainage purposes shall be. provided for Lot 2 along the southwesterly boundary of Lot 1, to the approval of the City Engineer. 2. A note shall be placed on the final map indicating that the water tank on Lot 1 shall be removed, and appurtenant easements abandoned. -prior to final -man approval. 3. Subdivider shall submit a plan for landscaping along both sides of the common lot line between lot 1 and lot 2 for the approval of the Community Development Director. Final map shall'note that approved landscaping per lot shall be installed concurrent with the development of each lot and prior to occupancy of any building (or guaranteed by a cash deposit). 4. The zoning line-is to follow the property line between lots 1 and 2. R 4030 r _ c Resolution No. 4030 (1979 series) MS 79 -223 Page 2 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 his 20th 'day of November ATTEST: Ci Clerk J.H. Fitzpatrick APPROVED.: ��� /� City Administrative Officer City Attorney Community rvelopmen® Director RESOLUTION NO. 4029 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 79 -181 LOCATED AT 615 GRAND AVE. (OWNER: CLAUD AND JANET WEDDLE) BE IT RESOLVED by the Council of the City of San -Luis Obispo.as follows: SECTION 1. Findings: That this Council_, after review and consideration of the tentative map of Minor Subdivision No. 79 -181, the Planning Commission's recommendations, staff recommendations, and reports thereon, including the environmental determination, 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 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. 5. The determination of the Community Development Director to grant the project a negative declaration under the California Environmental Quality Act is affirmed. SECTION 2. Conditions: That the approval of the tentative map for Minor Subdivision 79 -181 be subject to the following conditions: 1. Access to the two lots shall be via common access driveway to the approval of the Community Development Director. Subdivider shall-prepare a common access driveway agreement for approval and recordation by the City. 2. Subdivider to apply for use permit for sorority. -use including parking plan._- for- Parcel 1.- Approval to--.be obtained prior to final map approval. "- R 4029 l \. 11 ' i Resolution No. 4029 (1979 series) MS 79 -181 Page 2 On motion of Councilman Jorgensen. ,seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Jorgensen, Mayor Cooper, Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 20th day of November. 1979. Lynn R. Cooper 4W0.14A City Cl; .H. Fitzpatrick APPROVED: City Administrative Officer City Att rney Community D V elopme Director RESOLUTION NO. 4028 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING ENERGY CONSERVATION AS A TOP PRIORITY GOAL FOR ALL PUBLIC AND PRIVATE PROJECTS. WHEREAS, this council finds and determines that higher levels of government have called for energy conservation and that little has been done to date to conserve or develop alternative resources; and WHEREAS, we find this situation offers local government an opportunity to provide leadership and decisive action in dealing with this problem; and WHEREAS, residents of San Luis Obispo face the prospect of uncertain supplies of energy resources in the future and escalating costs for conven- tional resources; and WHEREAS, alternative sources of energy are available, non - polluting and economically feasible, especially solar water heating and passive solar design approaches; and WHEREAS, energy conservation is a mandate of the California Environmental Quality Act; and WHEREAS; San Luis Obispo is a charter city having broad authority to inaugurate energy conservation and develop programs in areas that are-of municipal concern. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This council hereby establishes energy conservation and the development of alternative energy resources as a high priority policy of the city, to be equal to and incorporated in all existing policies and regulations relating to plans and projects for public and private development in the city. R 4028 Resolution No. 4028 (1979 Series) SECTION 2. On or before July 1, 1980, the Planning Commission shall present to this council, for consideration and adoption, a proposed Energy Conservation Element to the General Plan with appropriate proposed implementing amendments to all other General Plan, zoning, subdivision, and building regulations for the incorporation and implementation of said Energy Conser- vation Element. SECTION 3. Pending the adoption of said Energy Conservation Element, the council, Planning Commission, and staff shall make every effort to incor- porate obviously desirable energy conservation.measures such as solar hot water systems, swimming pool heating, building insulation, orientation of buildings, planting of deciduous trees along southerly exposures, and layout of streets in all public and private projects without limitation including: A) the municipal swimming pool B) the Housing Authority project C) corporation yard D) any remodeling of City Hall SECTION 4. The City Administrator shall report to this council at least every six weeks concerning the progress of a program to develop the necessary rules and regulations for implementation of an energy conservation program. SECTION 5. This council recognizes that the general plan element and implementing ordinance investigation and nrenaration will involve a significant amount of city staff time. To that end, the city will avail itself of infor- mation and technical assistance from all available sources, government, education, and private industry sources alike. On motion of Councilman Bond ,seconded by Councilman Dunin , and on the following roll call vote: Resolution No. 4028 �,' ti j (1979 Series) • AYES: Councilmembers Bond, Dunin, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted thie 20thday of November 1979. ATTEST: CITY ARK J.H. FITZPATRICK APPROVED: City Admi9firsEralfirvIt Officer City Attorney e; 184. riJao C RESOLUTION NO. 4027 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SUBMISSION OF A PRE - APPLICATION FOR FEDERAL ASSISTANCE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE MAYOR TO SIGN SAME BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves the prepaiatibn and submission to the Department of Housing and Urban Development of a pre- application for Federal . assistance for a Community Development Block. Grant in accordance wi -th the Program as set forth in a ropy filed in the office of.the Community Development Department and attached as Exhibit A. SECTION 2. The Mayor is hereby authorized to sign said application and other necessary documents on behalf of the city. On motion of __Councilman Jorgensen ._, seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Billig, Dun in and Mayor Cooper NOES• None ABSENT: None the foregoing Resolution was passed and adopted 1979- ATTEST: --� CI_TY J.H. FITZP2.TRICK APPROVED: City t ative Officer City Attorney _ G�irecto� f Community Development 21st day of November R. R 4027 SMALL CITIES PREAPPLICATION CITIZEN PARTICIPATION ASSURANCES The applicant hereby assures and certified that prior to submission of its preapplication, it has: - (1) prepared a; written citizen participation plan describing the method by which the criteria of 24 CFR 570.431(c) will be met; (2) followed such plan in developing its preapplication; '(3) provided citizens with the information required by 24 CFR 570.431(d)(1)(1); and (4) held public hearings to obtain the views and proposals of citizens with regard to the determination of priorities - and community development and housing needs. ry �M1 DATE: November 20, 1979 )( SILYt1NN R. COOPER Signature MAYOR LYNN R. COOPER LYNN R. COOPER Typed /printed name ATTEST: MAYOR "i Title To be signed by same officer of applicant signing SF -424) s /.:.H. F ;ZY71aRlcg = J.H. Fitzpatrick, City Clerk :.af 23 J j .'rr. a rue a - -_._. .......... 424 -101 STANDARD FORM 424 PAGE 1 (10 -75) 21 Prasoraed by GSA, Federal JUanapement Circular ri-y FEDERAL ASSISTANCE L APPL'- a• NUMBER 3. STATE a. NUMBER CANTS APPLI- APPLICA. TION IDENTI- 1. OFPE ❑ PREAPPLICATION b. DATE b. DATE Yew month day ACTION APPLICATION ❑ CATION Yew month day 19 FIER ASSIGNED 19 (Mark ap- ❑ NOTIFICATION OF INTENT (Opt) Leaye propriata ban) ❑ REPORT OF FEDERAL ACTION Blank 4. LEGAL APPLICANT /RECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. a'Applicant No= : City of San Luis Obispo 95- 6000 -781 & b.OrgenintlenUnit : Community Development Department e. Stra^t/F•D- Box : 990 Palm, P.O. Box 321 PRO. a. NUMBER • b. TITLE d• rill : San Luis Obispo a- D0'mry :San Luis Obi sp I. State California 4 ZIP crag.: 93401 (RA oMn Federal CDBG Small Cities b. Contact Person (Name Henry Engen (805) 541 1000 ex. 40 Catalog) Program - Non Metro - g e telephone No.) pol i tan 7. TITLE AND DESCRIPTION OF APPLICANT'S PROJECT & TYPE OF APPLICANT /RECIPIENT Downtown Housing Conservation Program: leasing A-State H- CommunitY Action Agency B- Interstats 1- Hither Educational institution older housing units in the downtown, and C- Substate J- Indian Tribe District K rehabilitating and renting them to low and -Other (specify): D-County, E -City moderate income households and senior citizens. F- Schaal Durpos Gv"oecial Purpose District Enter appropriate letter J 9. TYPE OF ASSISTANCE A -Basic Grant D- Insurance B-Supplentetttal Grant E -Other Enter appro- C Loen prints letter(s) 10. AREA OF PROJECT IMPACT (Names of e(ti". esinni ay, 1L ESTIMATED NUM- 12. TYPE OF APPLICATION Seat", eta.) San Luis Obispo, BER OF PERSONS BENEFITING /-New G- Rerision E- Augmentation 64tonowal D- Continuation Enter appropriate letter 13. PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF- 15. TYPE OF CHANGE (Far Ite or Its) A- Incrose Dollars F-OUw (Specify): B- Damages Dollars a- S •DD e. APPLICANT p• ppy b. APPLICANT .00 16 16 C- Increase Duration NSA D- Oemeas Duration a. STATE ,00 26. PROJECT START DATE Yew day 17. PROJECT 12 E- Cancellation month DURATION Enter appro- d. LOCAL .00 19 Months prints latter(s) s. OTHER .00 JUL ESTIMAT SUBMITTED TOO Year mouth day 19. DUSTING FEDERAL IDENTIFICATION NUMBER I. TOTAL S •00 FEDERAL AGENCY B• 1979 11 S N/A 20. FEDERAL AGENCY TO RECEIVE REQUEST (Name. City, State, ZIP code) 21. REMARKS ADDED s /LYNN R. COOPER I M Yes ❑ No 27- a. To the best of my knoMsdi s and belle!, b. If required by OMB Circular A-95 this application was submitted, pursuant to in. No re- Response date in this preapplication / application am s tharain. to spproltruate Clearinghouses and W responses an attached: spores attached rs THE true and earrac4 the document has base y C APPLICANT CERTtFlES duly authorised by the ivemDing body af the applicant and the applicant will comply State of learinghouse �X] ❑ 0) California, s THAT ► with the attached assuranm If the aasiss- ca b anapprored• rn Luis Obispo Co. Council of Gov'ts 0 jQ® San 23. a. TYPED NAME AND TITLE b. SIGNATURE c. DATE SIGNED CERTIFYING X Year month day Lynn R. Cooper 19 20 SENTATIVE ... 24. AGENCY NAMC 25. APPLICA- Yew month day TION RECEIVED 19 2L ORGANIZATIONAL UNIT 27. ADMINISTRATIVE OFFICE 2L FEDERAL APPLICATION IDENTIFICATION 29. ADDRESS 30. FEDERAL GRANT IDENTIFICATION 33. ACTION TAKEN 3L FUNDING Year month day 34. Year month day 4 FEDERAL f AO [3a. AHGRDED 33. ACTION DATE Is, 19 STARTING b. APPLICANT ,DD 35. CONTACT FOR ADDITIONAL INFORMA- TION (Name and telephone number) ❑ b. REJECTED 3iL Y� month day e. STATE AO 13c. RENRNED FOR ENDING DATE 19 AMENDMENT d. LOCAL ,00 37. REMARKS ADDED a, OTHER .OD ❑ tL DEFERRED I. TOTAL S .DO [3e. WITHDRAWN ❑ Yes IoNo 386 a. In taking abet action. say comments reeatred front claarinaMuaw were con. a FEDERAL AGENCY A-BS OFFICIAL FEDERAL AGENCY sideraid. it H has been agency balas response Is made. due -du prarisfons of Put 1. DUB Ciswter A-95. (Nam and telephone no.) A-95 ACTION 424 -101 STANDARD FORM 424 PAGE 1 (10 -75) 21 Prasoraed by GSA, Federal JUanapement Circular ri-y 4 v7�".+�waaa...cri. r —• .+• f L '..�} ..."` +.t ` '14...,, r' y ' giy.u�'"'" -wG1 s.�'- .3r <�". �� �� 'W.+.. w+.•... «w.< -w.-w _i.. t� - .- :.. ....3 -.se.� nr, �. _ �'!'� "'u..- .�,..- . - -- :..r v.4:�rAa+. Y� "1•Y w �' - YA.w��= - L.J�i�..�' r 5Wn0N WREMA.RKS (Please reference the proper item number froir. Sections 1,11 or 111, if applicable) 22b. (1) 15 copies of a Negative Declaration, one copy of the pre - application, and one completed copy of form CA 189 has been submitted to the state(Nov 13) clearinghouse on this project for a 30 -day review according to A -95 procedure! (2) The city has submitted a copy of the grant preapplication to the San Luis Obispo County Council of Governments. The review of the preapplication has been scheduled for January 3, 1980 Preliminary comments from the director of that agency Ms. Norma Dengler) are attached. f -- I STANDARD FORM 424 PAGE 2 (10 -75) 22 ���i ►► I� i 1111 l i it i' Illli►►� IIIIII IIIII,�III II I 9"`v_ j -� w`�F mlRmrnrmie�tl:i4�[ City Of SM WIS OBIS PO OFFICE OF THE MAYOR Post. Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 November 21, 1979 Mr. J.P. Sabella Acting Area Manager U.S.. Dept. HUD _ 2500 Wilshire Blvd. Los Angeles, CA 90057 Attn: Mack Dear Mr. Sabella: The City of San Luis Obispo hereby submits a preapplication for the 1980 Small Cities Block Grant Program. Our preapplication asks the.federal government for $350,000 to help carry out a "Downtown Housing Conservation Program ". In the past year it has become evident to us that the city should help preserve housing in the downtown. This city's Central Business District is a vital part of the community. Business has been good for downtown merchants. With a limited amount of vacant land and floor space available, some landlords in the CBD want to convert older low -rent housing units to offices or stores. This would displace senior citizens and low income people who live downtown and benefit from the closeness of stores and public facilities. Our proposal is to set up a rehabilitation loan fund. Downtown landlords could receive grants or loans from this fund and fix up their housing units. In return, they would agree to rent the units to low income people and senior citizens. Our city feels that this type of'program is important to the welfare of downtown residents and can benefit the downtown economy as well. We hope that your agency will seriously consider the merits of our program and invite us to submit a formal application next year. If you have any questions about the attached materials feel free to call our Community Development Director, Henry Engen, at (805) 541 -1000, Ext. 40. s/ MIN R. CW'VPER Lynn R. Cooper Mayor LRC:TS :pv Attachments RESOLUTION NO. 4026(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FIRST AMENDMENT OF THE 1.979 -80 ANNUAL TRANSPORTATION CLAIM. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECITON 1. The first amendment of 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 two executed copies of the claim and a certified copy of this resolution to the San Luis Obispo County Area Council of Governments, 979 Osos Street Suite B, San Luis Obispo, California 93401. On motion of Councilman Dunin , seconded by Councilman Bond f and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 20th day of November , 1979. ATTEST: CITY C J.H. FITZPATRICK R 4026 Resolution No. 4026 (1979 Series) APPROVED: City m"nistrative Officer l� City Attorney ity EnkIneer AY 0 RESOLUTION NO. 4025 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE 1978 =79 ANNUAL TRANSPORTATION CLAIM. BE IT RESOLVED by the Council of the :City of. San Luis Obispo as follows: SECTION 1. The 1978 =79 Annual Transportation Claim approved by Resolution No. 3836 (1979 Series) is hereby amended and the filing of- #Three Amended Claim for 1978 =79 is hereby approved. Said #Three "Claim is attached hereto, marked Exhibit "A" and.incorporated by such reference. SECTIOk'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 Dunin seconded by.Councilman Bond_ , and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed, and adopted this .20th day of November , 1979. ATTEST: CI t .H. FITZPATRICK R 4025 Resolution No. 4025 (1979 Series) ic APPROVED: SB -325 REVISED CLAIM 1978,79 ' = Original Local Transportation Article 8 (C) $173,000.00 Section 99400 Regional Transportation Article 8 (C) Handicapped System North Coastal /Cuesta, CMC Senior-Van Insurance Maintenance, Reconstruction and Construction Article 8 (A) * Prior year carryover applied: Revised (Actual) $168,548.42 * _._.(284.67) 168,263.75 10,870.00 10,870.00 23,702.00 9,795.24 1,850:00 1,837.82 36,422.00 22,503.06 309,706.00 328,361.19 $5199128.00 $519,128.00 n may, 1 J RESOLUTION NO.4024 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY.OF SAN LUIS OBISPO APPROVING AN.AGREEMENT BETWEEN THE CITY AND SAN LUIS BRICK, INC. 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 Brick, Inc. 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 Brick, Inc., City Engineer On motion of Councilman Dunin and on the following roll call vote: seconded by Councilman Bond AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES:. None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of November 19 79. ATTEST: CIPMMERK J.H. FITZPATRICK R 4024 Resolution No. 4024 (1979 Series) APPROVED: City Admini trative Officer City Attorney 'W /City Eilgineer AGREEMENT THIS AGREEMENT, executed this 20th day of November , 1979, by and between SAN LUIS BRICK, INC., hereinafter called GRANTOR and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called CITY, witnesseth•. 1. Grantor shall convey to the City 0.03 Acres, more or less, lying along Orcutt Road as shown on Exhibit A. 2. City agrees to construct a sidewalk, curb and gutter and a 35 -ft wide driveway ramp across the frontage of the remaining parcel and to extend the existing 6 -inch diameter sewer lateral to the new R/W line (if necessary). 3. City agrees to provide all necessary engineering, relocate utilities,'and to pave out the street. The City intends to contract for the work within 270 calendar days from the above -date. 4. Grantor hereby agrees to allow City's contractor to modify the existing grade adjacent to the new driveway ramp to be in accordance with City Codes._ SAN LUIS OBISPO Lynn R. Coo Attest: City C J.H. Fitzpatrick Approved: SAN LUIS BRICK, INC. a Ci y Eng,eer E-Y,.P I BIT 14� 0 6 AREA OF DEDICATION 5AKI. LUIS-F51ZlCK-,lMC- To CITY OF: 5A N LUIS 051�O FOR ORC,�,= ROAD WIDENING to-Z5-711 RECORDING REQUESTED c • San Luis Obispo City Clerk AND WHEN RECORDED MAIL TO � i', NAME City_ Clerk's Office ADDRESS City of San Luis Obispo CITY & 990 Palm Street STATE I San Luis Obispo, CA 93401 MAIL TAX STATEMENTS TO _ NAME City Clerk's Office ADDRESS City of San Luis Obispo 990 Palm Street `ITT & STATE � L San Luis Obispo, CA 93401 t._z �I SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax 8.......... .N�.� .......................... ❑ Computed on full value of property conveyed. or ❑ Computed on full value less liens , encumbrances remainin, thereon at time of sale. ............................................................. ............................... Signature of declarant ur.agent determining tax . firm name ❑ Unincorporated area[nCity of.San Luis Obispo Corporation Grilnt need FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.. SAN LUIS BRICK, INC. a corporation organized under the laws of the Sate of Cal i forni a hereby GBANTIS) to the CITY of SAN LUIS OBISPO, a municipal corporation the following described real property in the City of San Luis' Obispo county of San Luis Obispo state of California: That portion of the 60 -foot wide strip of land shown as Pacific. Coast Railroad on the San Luis Obispo Suburban Tract, as per Bk. 1, Pg 923 of Record of Surveys in said County of San Luis Obispo, lying southerly of the easterly prolongation of the northerly line of that certain road easement described in Document 31503 recorded in Vol. 1946, pg 345 of O.R. recorded August 10, 1976 in the .Office of the County Recorder. Except that portion within existing Orcutt Road right -of -way. Dated November 2, 1979 STATF. OF CALIFMNIA. COUNTY OF San_Luis_0bisgo � 5` (),,_November 2,_ 1979 before me, the under . sicned, a Notary Public in and for said County and State, personally appeared H. T._Weddle known to me to br. thr__ _President, 2= —of the corporation that executed the within Instrument, known to me to be the persons who exrcun•d the within Instrument on behalf of the corporation therein nan d n•d, an acknowledged to nie that such corporation ere,uted the within instrument pursuant to its by +laws or resolution of Its board of direr ors. Signautrc of Notary Title Order San Luis Brick, Inc. K d - a es -dent- 'FOR' NOTARY SEAL OR STAMP 5 -67) (0 Pt.) MAII TAY 4TA7RM9NTC AQ nimpr'TCn never 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 —November 2 , 1979, from San Luis Brick, Inc. _ 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:. November 26, 1979 CITY OF SAN LUIS OBISPO By Lynn R. Cooper, Mayor ATTEST: J.H. Fitzpatrick, City Clerk .RESOLUTION NO. 4023 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SALE BY THE POLICE DEPARTMENT OF A REMINGTON MODEL_ 708.308 CALIBER RIFLE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to the request of the Chief of Police, and in accordance with Charter Section 906, this Council hereby authorizes the sale of City property described as follows: Remington Model 700.308 Caliber Rifle, currently in the possession of the Police Department )smgw.2. The rifle shall be sold to the highest qualified bidder submitting a.sealed bid in accordance with the time schedule to be determined by the Chief of Police. On motion of Councilman Dunin- , seconded by Councilman-Bond , and on-the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT:. None the foregoing Resolution was passed and 1979. ATTEST: sir= ��.�d4B CITY CL' .1rPLIZPATRICK POLICE E this 20th day of - November - -, R 4023 �. RESOLUTION NO. 4022 (19 79 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ALAN R. MacMEEKIN & SUSAN J. MacMEEKIN 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 Alan R. MacMeekin and Susan U. MacMeekin 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: Alan R: MacMeekin and Susan J. MacMeekin, City Engineer On motion of Councilman Dunin seconded by Coun ;1man Rond and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of November , 1979. ATTEST: r R 4022 Resolution No. 4022 (1979 Series) APPROVED: o Z� City in strative Officer City AttoMj%y City En er AGREEMENT THIS AGREEMENT, executed this 20th day of December , 19 79, by and between ALAN R. MacMEEKIN, SUSAN, J. Mac,`1EEKIN, and PAUL DAVID PORTER, hereinafter called "Buyers" and the CITY OF SAN LUIS OBISPO, a municipal corportation, hereinafter called CITY, witnesseth: 1. City shall convey to "Buyers" 210 square feet, more or less, at the southeasterly corner of Broad and High Streets indicated as Parcel 2 on the attached Exhibit A. 2. "Buyers" agree: to construct curb, gutter and sidewalk to comply with the established setback for Broad Street if and when Broad Street is ever widened. "Buyers" shall sign a covenant to this effect,. 3. "Buyers" shall pay the sum of four hundred twenty ($420.00) dollars to City. 4. A parcel map .shall be recorded to reflect the new - parcel, in accordance with the City's subdivision ordinance. STATE OF CALIFORNIA l COUNTY OF 56N Lkl!4 -r e415AW } SS. O On 11 PG e-,7 111 before me, at the undersigned, a Notary Public in and for said County and State. personally appeared AL ti &L• WdC&eek ;1✓ FOR NOTARY SEAL OR STAMP a.v o S�lsflrr �- r//Ac /i�� e /C.�✓ '- -- - - -- - known to mer±;•:• 2`: .'�.: };, ?,.: °.•Z•:- >.;,.._�,..� _'"r*::T- ..."^""Y-w..'3 to be the person S whose name _S subscribed to the �( OF.-_;C s L -SEA L TO 443 C (Fitness) O '� STATE OF CALIFORNIA COUNTY OF San Luis Obispo } SS. On December 20, 1979 before me, the unders)aned, a Notary Public to and for said State, personally appeared GPJ!ald U_ Kenn/ - - persnnally known to me to be the person whose name is subscribed to the within Imvument. as a Witness thereto• who being by me duly sworn, deposes and says oa That -hP- resides in_Pa50 -lobles and that tle was - present and saw _. PRld David P_or Pr ----------- - - - - -- , personally known to him to be the same W person—described in and whose name—is—subscribed a F to the within and annexed Instrument as a m Party thereto, execute and deliver tie same, and arknowledAed to said affiant that hp executed the same: and that said affiant subscribed__ i-S- name thereto as a Witness. WITNESS my hand aandditAcial seal Signature Marilyn Perry CITY SAN LUIS OBISPO /// / Name iTyped or Printed) (This area for official notarial seal) 0 OFFICIAL SEAL at'�g MARILYN PERRY NOTARY PUBLIC - CALIFORNIA PRNCIPAL OFFICE IN ' SAN LUIS OBISPO COUNTY My Commission Expires Aug. 12, 25 3 Name iTyped or Printed) (This area for official notarial seal) 0 o M -v I'/", (,� 0 'v en ) r RESOLUTION N0. 4021 (19 79 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND MARY MARGARET WAGNER 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 Mary Margaret Wagner 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: Mary Margaret Wagner, City Engineer On motion of Councilman Dunin " seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day.of November - 19 79. ATTEST: fITZPATRICK R 4021 Resolution No. 4021 (19.79 Series) APPROVED: l� City Ad&ireas rative Officer City Attoiney City E neer AGREEMENT THIS AGREEMENT, executed this . 20th day of November 1979, by and between MARY MARGARET WAGNER hereinafter called " WAGNER" and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called CITY, witnesseth: 1. City shall convey to "Wagner" 1440 square feet, more or less, at the southeasterly corner of Broad and High Streets indicated as Parcel 1 on the attached Exhibit A. 2. "Wagner" agrees to construct curb, gutter and sidewalk to comply with the established setback for Broad Street if and when Broad Street is ever widened. "Wagner" shall sign a covenant to this effect. 3. "Wagner" shall pay the sum of two- tl,jusand eight- hundred eighty ($2,880.00) dollars to City. 4. A parcel map shall be recorded to reflect the new parcel, in accordance with the City's subdivision ordinance. G Attest: '\� J.H. FRVATR:CK City Clerk J.H. Fitzpatrick CITY OF SAN LUIS OBISPO sl•LYNN R. COOPER Mayor Lynn R. Cooper J Approved: A/��� Ci y Attorney I U TO 44a C (O -]O) \ \'itn • = I � TITLE INSURANCE =0 ANDTRUST PIP CAI.IPt1RNl:\ San Luis Obispo COI y' N�r or _ AnCOR COMPANY p - -- -- Oil December 3,1979 1979 before me, the undersigned. a Notary Public in and for slid tide. personally :ygn•:n'•d - Gera l_d W. Kenny - -. personally known to me to be the person )rho�e n:unr i- .nh.rlibed w the aiihiu Itruvnwrit• as a 11'itnes, Iherelo, who being by me duly sworn, depose, and ,a\ -: ¢ 'I'b.lt he n• -ide in Paso Robles, CA and thathe was present and saw w Mary Margaret Wagner ------------ him _ -- - - - _ -- -_ —• Personally known to —_.lo be the same per -..n d�•.�i16�.�1 in and wbo.e nano•_. 15 Huh <rrihed a HL. Ih ui�hri ,uel ann -1,1 In`uunleut ❑`--- -the- __ -- -- N ly Ihel rtes t•zrrute and drlin•r thr same. and she an km,rcb•dged to said aflianl that She. ° OFFICIAL SEAL e..•, Ines nn• same: athl 111:11 ,affil afhanl suh,crilwd _ 1�S— r s MARILYN PERRY n:unr Ilu•I.•In a, a Wi1nes'• ��✓-, 1 i ss , � '�' ��' .' NOTARY Pt!BL1C- CALIFOP.NIA — -- 4 \1'I'I'NESS my hand and official ,ra i-4'yy� PRINCIPAL OFFICE IN j � SAN LUIS C31SP0 CCUPJTY 3 tiff n:nnrr — 712^'x!../ •�c�c�% My Comrnissien Expires AuE. 12, 1453 Marilyn Perry N:une 1 •I) ped m Primed) 1Thk area for olllcial notarial scan /* �i 1�3y L-7 i RESOLUTION NO. 4020(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -79 -051, LOCATED at 2943 JOHNSON AVENUE, ARCHIE RODRIGUEZ: APPLICANT 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 SLO -79 -051 as contained in Resolution 3862 (1979 Series). SECTION 2. That this Council, after consideraton of the applicant's request and the staff recommendations and reports thereon, makes the following finding: 1. It is not within the intent of Section 9100.3.12.2 et. seq. of the Municipal Code of this City to require park -in -lieu fees for existing occupied residences within a subdivision. SECTION 3. Condition 4 of Resolution No. 3862 (1979 Series) is hereby waived until such time that Parcel B of Parcel Map SLO -79 -051 is further developed or subdivided. SECTION-4. The'final map of Minor Subdivision SLO -79 -051 is hereby approved and the Mayor authorized to execute the agreement. On motion of Councilman Dunin and on the following roll call vote: seconded by Councilman Bond f AYES: Councilmembers Dunin, Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of November ) 1979 ATTEST: CITY C J.H. FITZPATRICK R 4020 Resolution No. 4020 (1979 Series) APPROVED: / / / /// � 4 A/ City-A40ffiistrative Officer City Attorney t ti City En q eer AGREEMENT The City of San Luis Obispo, by resolution, has determined that park -in -lieu fees shall be waived until such time that parcel B of Parcel Map SLO -79 -051 is further subdivided or substantially developed. Should said parcel, at anytime in the future, be further subdivided or .- substantially developed park -in -lieu fees will be collected at that time. CITY OF SAN LUIS OBISPO n s/LYM R. COOPER Archie Rodriguez Mayor. Lynn R. Cooper Date: November 20; 1979 Attest: S/J•H•FITZPATRICK J.H. Fitzpatrick, City Clerk Inert. °� .R I °� 4I "... � ;EY. � �'i<• _.je � *7 �,""'6W °a I N�oyOmg *� W'JdIp P�a -et. Id4. <e: W��.� D i � L y o Li.iaE Vi>wlff �', g ZIaa� + s Z, �zaa "3 �i?3 SE?aAaileB W °�s._Y /( o E•E! a g f •2d`." oi'SJ zi Ile =`Pi4 m S'i? i d °1x.395 m4� 5 88 yyr � ��p.��PJa valY•8 = "E p!g�58Sa°n3w �3IS€ys W. 7z ml:S� oWial add " Z a�j Fm �. .. _Jrr. a V;till.I �4 i I I LE N ' a I s / ux 7 I .I y as I i I d> I / \I I I 2 w I j I I �` I I ^_ • j a I I 1 ` _-y 1 n Fii 01 Q2 ,,,III 11 S% 43 ! i1 `fit �• I I ) 1 • I< g W I IV mc I RESOLUTION NO. 4019 (19 79 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BET-WE EN THE CITY AND RICHARD B. TAYLOR AND ASSOCIATE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo -and Richard B. Taylor and Associate. is hereby approved and the Mayor is authorized.to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Richard B. Taylor and Associate; Finance Director; City Engineer 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 20th day of November-- - - - - -, 1979. ATTEST: � R 4019 i Resoltition No. 4019 APPROVED: City `Administ =ativ icer _ City Attorney (1979 Series) CONSULTING SERVICES AGREEMENT (Richard B. Taylor & Associate THIS AGREEMENT, made and entered into this 20th day of November by and between the City of San Luis Obispo; a municipal corporation of California, hereinafter called "City ", and ;'. Richard B. Taylor and Associate, hereinafter called "Architect." WITNESSETH: WHEREAS, it has been determined that an extension to Mission Plaza t along San Luis Obispo Creek between Broad Street and Nipomo Street would be of benefit to the City; and WHEREAS, the Architect is duly registered in California as both an architect and landscape architect and is capable of furnishing the professional services herein referred to and is. equipped, qualified and experienced in design of this-type; and WHEREAS, the City Council of San Luis Obispo is qualified to act as agent for the City in the administration of this contract and is herein authorized to direct the commencement of work and disbursement of funds at its discretion subject to City administrative procedures and the terms of this contract; NOW THEREFORE, it is hereby mutually agreed by and between the parties hereto as follows: -2 .-SECTION 1.0 EMPLOYMENT The City hereby employs Architect as an independent contractor, to 1 furnish the professional services covered by this Agreement upon the terms t. and conditions set forth below, and Architect hereby accepts such employment. SECTION 2.0 DESCRIPTION OF PROJECT i' Preparation of contract documents including working drawings and specifications, and providing consultation during construction for the extension of Mission Plaza, to be located along San Luis Obispo Creek, between Broad Street and Nipomo Street within the boundaries drawn on the attached map marked "Exhibit A," within the City of San Luis Obispo. '.The contract documents shall.be based upon the Mission Plaza Extension Development Plan to be approved by the City Council, which shall supersede the preliminary site plan dated May 15, 1978, prepared under separate contract. SECTION 3.0 ARCHITECT'S SERVICES Insofar. as they may be applicable to the project contemplated by this Agreement, Architect shall render the services and furnish the items described as follows: I -3 1. Plans and Specifications. Consisting of the following: A. Grading Plan, showing grading necessary to provide adequate drainage, minimize erosion, and conserve creek and site.conditions during and after construction. Design shall be acceptable to City and. Calffornia Department of Fish and Game. Profiles and cross - sections of the creek shall be provided. to.illustrate present conditions and planned alterations. B. Staking. Plan, showing locations and dimensions of all paved areas, planters, steps, walls, benches, drinking fountains, and pathways r. and bridge abutments. C. Construction Details, showing how to construct all walls, walks, steps, ramps, handrails, benches; and other construction features. Design of the details shall generally conform to the existing Mission Plaza. Bridge design shall include structural calculations and location and height of landings, deck, railing, clearance of floodway and similar details. D. Irrigation Plan, an efficient and economical system of automatic sprinklers and quick couplers utilizing PVC pipe. E. Lighting Plan, illumination generally conforming to those in the existing Mission Plaza, utilized to provide low - level lighting for safety. F. Planting Plan, a low- .maintenance plan, utilizing existing plant material where possible and employing native species.to provide an indigenous character. A plant list shall be provided, listing common and botanical names of all plants, total quantities and.recommended sizes. -4- .:. . G. Final Cost Estimate, The Architect shall furnish a final cost estimate for the work based on the latest unit cost information. H., Specifications and Bidding Documents, outlining the scope and i details of the work to be performed by the contractors for bidding and t construction purposes. 2. Construction Management. Consisting of the following: i A. Assist City during bidding process, including responding to .! questions from bidders. Assist City in evaluating bid results and bidders' qualifications. B. Consult with City as requested during construction to determine in general if the work is proceeding in accordance with the contract documents. C. Provide appropriate clarifications and instruction to contractor through the City's inspector. D. As needed to carry out change orders prepared by the City, prepare drawings and specifications to describe the work to be added, deleted or modified. -5- SECTION 4.0_SCkEDULE Upon execution of this Agreement, Architect shall commence performance of services specified in Section 3.0. Said items shall be performed in j accordance with the following tentative schedule.. Item 1. Plans and Specifications shall be completed approximately three months after City Council approval of the development plan expected in January 1980. :i Item 2. Construction observation shall commence upon awarding of construction contracts, in or after May 1980. SECTION 5.0 DUTIES OF ARCHITECT 1. Architect shall attend necessary conferenceswith City or agents of City to consult on the progress of Architect.'s services, including presentations to the City Council. At least two such conferences or presentations are anticipated. 2. Architect shall prepare all items of service listed in Section 3.0 in such a manner and in such form that they will receive approval from the proper local, Federal, State or other governmental agency having jurisdiction or authority to approve-them, including City, U.S. Army Corps or Engineers, and California Department of Fish and Game. Architect shall not be.required to make presentations to above agencies under the terms of this agreement, but if requested, he shall make such presentations on an extra service, hourly basis. I ^ i -6- 3 Architect shall obtain, and keep i.n full force and effect, compensation insurance necessary in connection with the performance of this Agreement to protect himself and employees under the Workman's ''Compensation Insurance and Safety Act. Such insurance shall relieve i' City from all responsibility therefor. Architect shall obtain and keep �Y in full force and effect during the term of this Agreement professional liability insurance acceptable to City. 4. Additional Services. The following services shall be provided when ' authorized in writing by the City, and shall be paid for by the City :i as herein provided: ,f A. Preparing documents for alternate bids or out -of- sequence services requested by City. B. Making revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instruc- tion previously given and are due to causes beyond the control of the Architect. C. Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. D. Providing services or professional consultants for other than normal structural., mechanical and electrical engineering service for the project. J' -7- E. Providing any other services not otherwise included in this +Agreement or not customarily furnished in accordance with generally accepted architectural practice. s. SECTION 6.0 DUTIES OF CITY j 1. City shall make available to Architect a topographic survey and all other necessary data and information required by,him to facilitate design meeting the requirements of this Agreement. 2. City shall furnish Architect with engineering site surveys of the properties upon which the project is to be built pursuant to this Agreement. Such surveys shall be prepared by registered surveyor or civil engineer, and shall indicate existing structures, land features, improvements, sewers, water, gas, electrical and utility lines, including inverts and depths, elevations and boundary dimensions of site. 3. City shall furnish the services of specialized consultants when such services are deemed necessary by the City, including soils reports, test borings, or hydrological information, with appropriate professional recommendations. 4. The services, surveys, tests and reports required by paragraphs 2 and 3 of this Sedtion 6.0 shall be furnished at City's expense and the Architect shall be entitled to rely upon their accuracy and completeness. -8- SECTION 7.0 MISCELLANEOUS PROVISIONS 1. City's approval. and acceptance of any item of service specified in Section 3.0 shall mean the work may proceed as approved, provided that if extra work or fundamental changes in any item of service are requested by City after approval is issued, Architect will undertake such extra work or fundamental change only upon request in writing from the City outlining the work or change, and Architect shall receive compensation for preparing such extra work or making such - change in accordance with Section 8.0. r r. 2. The working drawings and specifications shall be prepared so that the work will be executed under one contract, provided that if City shall desire any part of the work to.be done under separate contracts:(e.g., general contracting, plumbing, electrical, painting, etc.), architect shall be notified by City to prepare working drawings and specifications in such manner and form as will permit the letting of separate contracts. In the event separate contracts are requested by City, Architect shall be paid such additional fee for services necessary to prepare such plans, drawings, and specifications in accordance with Section 8.0. 3. Architect shall not assign any rights or duties under this Agreement to a third party without written consent of City. This Agreement shall be binding on Architect, his partners, successors, executors, administra- tors and hiers. �J -9- .4.. Records of Architect concerning the basis of computation for his extra services and records of accounts between City and Architect shall be kept on a generally recognized accounting basis and shall be. i available to City or its authorized representative at reasonable times during normal business hours. 5. All work prepared pursuant to this contract including plans, specifications, calculations, sketches, and drawings shall be the property of the City and shall be delivered thereto upon demand. The Architect ` may retain copies at his own expense. 6. Architect shall provide reproducible originals of working drawings and specifications. City shall reproduce the desired number of copies of reproducible items. 7. The Administrative Assistant, Engineering Division, shall be the representative of the City for all purposes under this agreement. The Administrative Assistant or his designated representative hereby is designated as the Project Manager for the,City. He shall supervise the progress and execution of this,agreement. Architect shall assign a single Project Manager to have overall responsibil- ity for the progress and execution of this agreement for Architect. Richard Taylor hereby is designated as the Project Manager for Architect. Should circumstances or conditions subsequent to the execution of this agreement require a substitute. Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the Administrative Assistant. - 10 - 8. All notices hereunder shall be given in writing and mailed, postage i prepaid, by Certified Mail, addressed as follows: To City: Office of the City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA. 93406 j To Architect: Richard B. Taylor & Associate ;j 100 N. Hope Avenue f! Santa Barbara, CA. 93110 9. Architect covenants that he presently has no interest, and shall not acquire any interest., direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Architect further covenants that, in the perfor- mance of this agreement, no subcontractor or person having such an interest shall be employed. Architect certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Architect shall at all times be deemed an indepen- dent contractor and not an agent or employee of City. 10. Architect hereby agrees to indemnify and save harmless City, officers, agents and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of j: Architect under this agreement or of. Ar.chitect's employees or agents; b. Any and all damage to or destruction of the property of City, f its officers, agents, or employees occupied or used by or in the care, custody or control of Architect -, or in proximity to the site of Archi- tect's work, caused by any negligent act or omission of Architect under this agreement or of Architect's employees or agents; c. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage-suffered or sustained by any employee or agent of Architect under this agreement, however caused, excepting, however, any such claims and demands which are the result of the neglicence or willful misconduct. of City, its officers, agents, or employees; i' d. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any appar- atus, -appliance, or materials furnished by Architect under this agreement; And e. Any and all penalit.ies imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when.said violation of any law or, regulation or of any term or condition of any permit is due to negligence on the part of the Architect. Architect, at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against City, its officers, agents or employees on any such claim or demand of such third persons, or to enforce any such - 12 - ;.penalty, and pay and satisfy any judgment or decree that may be rendered . against City, its officers, agents, or employees in any such suit, action, or other legal proceeding, when same were due to negligence of the Archi- tect. 11. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, i or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 12. The prevailing party in any action between the parties to this agree- ment brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 13. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, rel- igion or sex of such person. 14. This document represents the entire and integrated agreement between City and Architect and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Architect. All provisions of this agreement are expressly made conditions. This agreement shall be - 13 - :governed by the laws of the State of California. SECTION 8.0 ARCHITECT'S COMPENSATION AND METHOD OF PAYMENT t. t 1. The City agrees to pay Architect, for and in consideration of the performance of items of service set forth in Section 3.1, subitems A -H inclusive, a fee equal to 7% of the construction cost of the projecti:based Upon the lowest acceptable bid approved by the City, including alternate items requested by the City if any, exclusive of inspection services. The cost estimate does not include . cost of land acgisition nor special services of other consultants employed by the City, but only covers the project de- signed by the Architect to be built under City contract. In the event the project is not constructed, the fee would be due.on the basis of the Arch- : itect's Final Construction Cost Estmate, if no bids are available. The fee . shall be paid upon completion and approval of the working drawings and specifications. 2. The City agrees to pay Architect, for and in consideration of the performance of items of service set forth in Section 3.2, subitems A -F in- clusive, a fee equal to 1 -3/4% of the total., actual construction cost of the project, designed or specified by the Architect. The fee shall be pay- able in two equal installments, at 50% completion and following 100% com- pletion and acceptance of the work. 3. City agrees to pay Architect, for and in consideration of authorized extra work performed by Architect, if any, including fundamental changes in the items of service,. such amount as is mutually agreed upon by the - 14 ._ ;parties hereto, provided: A. That said extra work or fundamental changes shall have been ;'. first authorized in writing by City; and, B: Unless otherwise agreed to in writing, the amount or rate of compensation to be paid Architect for such.extra work or fundamental changes shall be $45.00 per hour for additional architectural services including public presentations, or consultations requiring Architect's t personal services; $30.00 per hour for consultations requiring an r. associate's time and 2 -1/2 times payroll costs for draftsmen and clerical time. Payment for extra work or changes in the work authorized by City shall be payable upon the first of the calendar month following the month in which said services were performed upon submission by Architect of a statement of itemized costs covering said work.. SECTION 9.0 CANCELLATION OF AGREEMENT OR SUSPENSION OF PROJECT ii Architect may cancel this Agreement or suspend work hereunder upon written notice to City in the event that the City has not approved an item of service, within forty -five (45) days after the same has been submitted to City for approval; provided that City may have such time as may be necessary to request and confirm changes in the work. 2. City may cancel this Agreement or suspend work on.the project immed- iately, provided that notice of such cancellation or suspension shall be given in writing. Architect agrees to cease all work under this Agreement upon receipt of said notice. _ - 15 - 3. In the event of cancellation of this Agreement or suspension of work on i• the project by either City or Architect, Architect shall receive compensation as follows: i. A. For approved items of services under Section 3.0, compensation shall be in the amount outlined under Section 8.0 for the item of service fully performed by Architect. B. For items of service which have not been fully completed and approved J at the time of cancellation or suspension, Architect will be compensated for the portion of the services actually rendered. C. In no event shall the total compensation paid in the immediately preceding paragraphs exceed the payment specified in Section 8.0 for the re- spective item of service to be furnished by Architect. 4. Upon cancellation of this Agreement or suspension of work on the project by either City or Architect except as otherwise provided, all rights of parties hereto shall terminate except as to payments due Architect hereunder. Duplicate copies of all completed or uncompleted documents, plans and speci- fications or other work in process generated pursuant to this Agreement prior to such cancellation or suspension, for which Architect receives compensation hereunder, shall be and remain the property of City and shall be tendered to City as a condition precedent to Architect's receipt of any compensation under this Section 9.0. 5. In the event the City desires to enter into another contract with Archi- tect, and it is mutually considered feasible to erect all or part of another project which would be essentially identical to the project which is the 16 - k subject of this Agreement, the Architect agrees to:. A. Prepare such modifications as may be dictated by topography, utility services, existing construction and similar conditions; B. Perform as far as applicable all of the services provided by this Agreement. C. Compensation for rendering the foregoing services shall be in the :i amount agreed upon by City and Architect prior to the commencement of work, and shall form the basi.s of a separate agreement. SECTION 10.0 ARBITRATION 1. All disputes regarding questions of fact under this Agreement shall be submitted to arbitration at the election of either party. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association insofar as the same are not in conflict with the laws of the Stateof California. This clause shall be in full force and effect notwith- standing any termination or suspension of this Agreement pursuant to Section 9.0 hereof. 17 - IN WITNESS WHEREOF, City and Architect have caused their names to be subscribed hereto by their duly authorized representatives this 20th day of November 1979. ARCHITECT Richard B. Taylor AIA, ASLA & Associate CITY City of San Luis Obispo By: SILYNN R. COOPER Mayor. Lynn , R. Cooper ATTEST: SIJ.H. FITZPATRICK City Clerk J.H. Fitzpatrick Approved: Administrative Officer City Attorney zw�.°�° Community Developmqpt Department Broad ii m 9 e M 1 O 0 e v 0 0 v S® a '® roll Nipomo St. T l u ''�^ v/ ca L Qi Im y z RE Q N W d W 1u �z b N N SL J - CL 0 O� 1 W y^ W NLL N _ o .� o RESOLUTION NO 4018 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND, ROSS, LEVIN, MacINTYRE, ARCHITECTS BE ;IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement., attached hereto, and incorporated herein by reference, between the City of San Luis Obispo and Ross, Levin, Maclntyre, Architects, to prepare a Master Plan for City's Corporation Yard 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: Ross, Levin, Maclntyre, Architects, and the Public Services Director. On motion of Councilman.Dunin -_ seconded by Councilwoman Billi 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 1979. ATTEST: CITY dR9W I.H� - FITZPATRICK * * * *• * , APPROVED: City �niifr. tflrl5f ft cer �i� ^�ii /d �vw�u�►/ City Attorney Public Services Director 20th day of November- --- _„ NN' R. R 4018 CONSULTANT SERVICES.AGREET�7vNT THIS AGREEMENT, made and entered into this 20th. day of November , 1979, by and between the City of San Luis Obispo, hereinafter "City" and Ross, Levin, Maclntyre., Architects, hereinafter "Consultant ". WITNESSETH: WHEREAS, City desires to retain certain services Master Plan for Corporation Yard. WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION (a) City. The Public Services Director for the City of San Luis Obispo or his designated representative hereby is designated as the Project Manager for the City. He shall supervise the pro- gress and execution of this agreement. (b) Consultant, Consultant shall assign a single Project Coor- dinator to have overall responsibility for the progress and execution of this agreement for Consultant. Rodney R. Levin is hereby designated as the Project Coordinator for Consultant. -1- n \J Should circumstances or conditions subsequent to the execution of this agreement require a substitute Project Coordinator for any reason, the Project Coordinator designee shall be subject to the prior written acceptance and approval of the Public Ser- vices Director for the City of San Luis Obispo. 2. DUTIES OF CONSULTANT (a) Services to be Furnished. Consultant shall provide all specified services and produce materials as set forth in Exhi- bit "A" consisting of .3 pages attached hereto and incorporated herein by this reference. (b) Laws to be Observed; Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices excluding the EIR process, which may be necessary and incident to the due and lawful prosecution of the services to be performed by Consultant under this agree- ment.; (2) Keep itself fully informed of all existing and future federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees, to observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above. -2- (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances; regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. (c) 'Release of Deports. and Information, Any report, information, data, or other material given to, or prepared or assembled by Consultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. . (d) Copies of Reports and Information. If City request ad- ditionai copies of reports, drawings, specifications, or any other material in addition to that Contractor is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional - copies as are requested, and City shall compensate.Consultant for the costs of duplicating of such copies at Consultant's cost. (e) Qualifications of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY City agrees to-cooperate with Consultant and to perform those tasks ascribed to it in Exhibit "A" attached hereto and.incor- porated by this reference. -3- 4. COMPENSATION The City shall pay Consultant for services performed hereunder as presented by Exhibit "A" attached hereto and.incorporated by this reference. Consultant shall submit itemized invoices to the City specifying work performed and payment due. Payment shall be due within thirty (30) calendar days of invoice date. Invoices shall be submitted to the City on a monthly basis. 5. TIME IF OF THE ESSENCE. (a) Time of completion of this project is of the essence. (b) Consultant shall complete the work to be performed under this agreement within the.time frame mutually established.. (c) Time.extensions may be-allowed for delays caused by City or other governmental agencies. 6. TEMPORARY SUSPENSION City's Project.Manager shall have the authority to suspend this agreement, wholly or in part, for any such period as he deems necessary due to unfavorable conditions or to the failure On the part of Consultant to perform any provisions of this agreement. 7. SUSPENSION; TERMINATION (a) Right to Suspend or Termiante. The City retains the right to terminate this agreement for any reason by notifying Consul= tant in writing seven (7) days prior to termiantion and by paying the compensation due and payable to the date of termination; =4 O provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which follow the intent of the work scope as per Exhibit "A ". (b) Return of Materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings,-computations, and other data, whether or not completed, prepared by Consultant, or given to Consultant in connection with this agreement. Such materials shall, however, be presented in a useable format or condition and the Consultant shall be reimbursed for such time as may be required to prepare said materials. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials not for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish City with.reasonable opportunity for City.of ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all material furnished,. if any., shall be subject'to the City's Project Manager's in- spection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. -5- 9. OWMERSHIP OF MATERIALS `J All original drawings, plans and other materials prepared by Consultant pursuant to this agreement shall become the permanent property of the City. Consultant may, however, retain copies for his own records. 10. INDEPENDENT JUDGEMENT. Failure of City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgement shall not be constructed as a failure on the part of Consultant to meet the requirements of this agreement. 11. ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES This agreement is for the performance of professional consulting design services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform several services as required with prior approval by the City. All such services shall be actually performed by or shall be immediately supervised by a consultant with the qualifications and experience necessary to practice in the appropriate field. 12. NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: Im To City: City Clerk's Office City.of San Luis Obispo P.. 0. Box 321 San Luis Obispo, CA. 93406 To Consultant: Ross Levin Maclntyre, Architects 112.9 Marsh Street San Luis Obispo, CA. 93401 13.. INDEMNITY Consultant hereby agrees to indemnify and save harmless the City, its officers, agents and employees of and from: (a) Any and all claims and demands which may be made against City, its officiers, agents, or employees by reason of any in- jury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act of omission, negligent,or otherwise, of Con- sultant under this agreement or of Consultant's employees or agent's; (b) Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Consultant, or in proximity to the site of Consultant's work, caused by any act or omission, negligent or otherwise, of Consultant under this agreement or of Consultant's employees or agents; (c) Any and all claims and demands which may be made against City, its officers, agents, or'employees by reason of any in- jury to or death of or damaged suffered or sustained by any employee or agent of Consultant under this agreement, however -7- caused, excepting, however, any such claims and demands which . are the result of the sole negligence or willful misconduct of City, its officers,.agents, or employees; (d) Any and all penalties imposed or damages - sought on account of the violation of any law or regulation or of any term of con- dition of any permit. Consultant, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against City, its offi- cers, agents, or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and sat- isfy any judgment or decree that may be rendered against City, its officiers, agents, or employees in any such suit, action, or other legal proceeding. This conditions applies only to actual work performed by Consultant in the reasonable. execution.of the Work scope attached hereto and covers any acts of his or his subcontractors. 14. WORKERS' COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every em- ployer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 19. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotia- tions, representations, or agreemerets, either written or oral. This document may be amended.only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year first above written. ATTEST: W.H. FITZPATRI_CK City C er J.H. Fitzpatrick APPROVED AS TO FORM: City Attorney CITY OF SAN LUIS OBISPO By sdLYNi9_R. COOPER Mayor Lyan R: Cooper APPROVED AS T9,-,C6NTEPT: City-,A 241'9trative'utricer Director -o u lic'6ervices -10- 15. INSURANCE At the request of the City's project manager, Consultant shall provide proof of comprehensive general liability insurance (in- cluding. automobile) and business liability insurance in.amounts satisfactory to the City's project manager. 16. AGREEMENT BINDING The terms, covenants, and conditions.of this agreement shall Apply to and shall bind, the heirs, successors,. executors, ad- ministrators, assigns., and subcontractors of both parties. 17. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any pro vision, ordinance, or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance, or law or of any sub- sequent breach or violation of the same 'or-of any other term, covenant, condition, ordinance, or law. The subsequent accept:- ance by either party of any fee or other money which may become due hereunder shall not be deemed to be .a waiver of any pre- ceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEY:FEES The prevailing party in any action brought to enforce the terms of this agreement or- arising out of this agreement may recover its reasonable costs and attorney fees "expended in connection with such an action from the other party. M November 12, 1979 Mr. David Romero Director of Public Services City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Re: City of San Luis Obispo Corporation Yard Gudel Property, Higuera Street San Luis Obispo, CA Dear Mr. Romero, Exhibit "A" - Page l ARCHITECTS This Firm of Ross Levin MacIntyre welcomes the opportunity to make our talents and resources available for the Master Planning of the above. We wish to emphasize our firm's unique operational characteristics.in.the fields of commercial.,: industrial and public works design services. Our on -going involvement in these fields results in significant advantages to our clients. We also wish to emphasize that our personal involvement on the partner level throughout the team effort is a committment to which we are dedicat- ed. In brief we have enclosed as Exhibits "B" and "C" a partial list of completed projects and track records for your viewing. The scope.of our services as briefly discussed with you will be as follows: a) Review previous S.U.A. study and Master Plan for the corporation yard including transit operations. b) Prepare projections for personnel and space needs to the year 2000, at the new location and review with your department. c) Prepare preliminary master plan and present for comments and input. d) Prepare final master plan presented on reproducible tracing of large scale. e) Prepare summary report of recommendations, phasing of improvements and cost estimates. In keeping with the foregoing, this office will perform the work as delineat- ed above on an hourly basis (Copy of Hourly Rate enclosed) with a maximum not -to- exceed fee of $4,000.00. Upon approval of the agreement for services and your written notice to proceed, we will prepare a preliminary master plan.for your review within thirty (30) days. The final master plan will be completed within thirty (30) days of the approval of the preliminary. 1129 MARSH ST., SAN LUIS OBISPO, CALIFORNIA 93401 (805)543 -1291 Exhibit "A" Page 2 City of San Luis Obispo Mr. David Romero Re: City of San Luis Obispo Corporation Yard Gudel Property, Hi,guera Street We look forward to working with you on this project in the near future. Your ve.y truly odney R. evin AIA J January 1, 1979 HOURLY RATE SCHEDULE: Principal Architect Designing and Engineering Drafting Senior Draftsman Junior Draftsman Steno Field.Supervision /Observation Certified Architect Consulting Engineers Consultation Travel Printing Specifications Telephone, long distance Exhibit "A"' - Page 3. WO $ 35.00 per hour 30.00 per hour 24.00 per hour 18.00 per hour 12.00 per hour 10.00 per hour 30.00 per hour Cost + 5 percent 250.00 per day .15 per mile + cost .10 per square foot 5.00 per copy at cost 1129 MARSH ST., SAN LUIS OBISPO, CALIFORNIA 93401 (805)543 -1291 ft u N n D O a a, D zw zn � r DN DC r m ,M m m m a �•� 3s 3p v. z .-• G7 n Cl m V) D m N m n v z zc J. m m m a vi m >D '0 p D p r a Z CD Z . W r oN z o 0 =te n -0 -0 J. m .... .... O m a > D Z m r r I J. o+ = a N rA m z o+ m 0 0 rc p < r r m O c m r o Z a O n C) Z rT N p J. Dm 0 m 0 2 O m .- o Y n —I N -4 O .. J OZ N D �- r --h n O Z J. no 0N+ O � rA r z C N v+ z o m Q r J. m -0n O 00 Y o ACD 2 C•+ C-) J. 0 O J. a c Q z 0) o w < w z r N $ S R ccDi c1= cm om0 co J. m J. F.V J. CL p J. T u+ to m O v+ m v+ C O.� 0n N D 03 O'N Q Q Z ;o C7 J. F.. ..-a J. r 7C 7C -•• z {^ Z {A 0 (A r'y Y {n . om ri+ o or- o< n r m - o n Y N - - a m Y Y n s nT n0 n J•m n3 a o o, 3 or -+ z n+ D 0-4 J• 3 J. r J• D -h z o- ox o < oW j rr 7' 7 N 7 a n J. Z o, n a ci s o+ n o s 0 r I m CD x d a 3 3 a o 0 (D Z 'S w r� CD rD rD et 7 O ` OJ. J. J. r- C- w r CU J• O Cl) O O C 3 D a oA+ nA s rD -h *, J rD LA '� to .� r ` rA N N LA 3 3 O m c n+ a n n, O rD rD rD in 7 O A n n a �+ J 00+ r J. �. ;a r r LA - N n+ A A A O rD C C rf rD ch Ch d w n+ O" N J. J. w Z i J. .- .. vim+ m o O c A > > > O o c Q rD J. J. J. O fD rD m L N � n 'T1 Z Z Z rn p p O 7 O O O O rD a n, a w n R ct rr .. of /1 � J O O O A A O J CD rJ. H m C - 1 J _f m c v .+ W ►' O A W N N N 00 W O N C) rr o o cn o 0 0 %D o v+ O O O O O% O O O O O O - . m ,0 0 0 0 0 0 0 CD 0 0 CD n 0 0 0 0 0 o 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 0 cn m CD x d .Z D to N N D D -0-0 's -+ c) D z 0) D -1 . O Z N N O O C) O Co O A c C o C) J. HI M ."a N N Q W 7 7C S W 7 Z to N Cl. - d p (D N N N rD m co C-) O O: C) cm) (on C•) m C-) -+ W c) z z CD Le) n con o m) O n J. m O r p N O O SL T 7 C) O N J• T T ac p .. c') n T c-) m = o) T m n m N N N W N N � Z 7 no R9 (CD m (jD � rL m d m tL D Ch � r to N N .. 7 )> CC) ' m O Z M m r U n, n n M, n A Z z c 0 C) O m t- N r m r r �G 1 N C+ c'F p to A to N N N CD z V Z y Z Z (`)C cr A. A 7z �N a-m Qm DJ N N cn p J. J. 77 J. r. .. N� z �tnm tn tn� J. Z _0 Z N N 77 '9 N -0 A mo C7 O N 7 CD O N O -i O C O D Z N n fL -4 c) -I D. r �d •z a A � C-) C-) a o -i r T . j T m > z ;o z C') O --1 0 O O C•) m z -t co -1 � o 0 a a o a m v O J• v v -V v v o d n SL n SL n 0) J rD n n n C) 0 �. �. C+ C (D N M O (D rD r (D CD 2 2 O e:E M 3 rD rD (D r (D rD C -S C "S CL O . (D O 'O 'a 'O T rt C+ O d - o O O O o /C+ 'y � a CD T� •D (D CD rD J. C+ J {-5 \V C% cu O) 0) a a a a CL J -4 -i CD rD rD (D rD (D A LA rD rD rD rD (D to t0 to to (M d d d N y S S S S =r n n C•) d d d G) d l m x Q • C+ cn w p .- 1.0 N w - N N a w CD cwn 0VD o CD C) CD o C) cr) co 0 0 0 CD c) 0 0 C) 0 0 0 0 0 0 ' CD °0 0 D C CD CD C) 0 0 0 0 0 y to Exhibit "B" Page 3. 1. BA Y WOOD ELEMENTARY SCHOOL f•rllth reet k. A.. 2. POLICE FACILITY sm; .. .... GAIMEMS aN Santa Rosa Street E$(• 3. P. T. & T. BUSINESS OFFICE a,,,,, Mill Street 4. STNSHEIMER POOL COMPLEX AVE Southwood Drive S. AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA Calle Joaquin PLETON ;;6. 6. GREYHOUND BUS South Street 7. PISMO BEACH CITY HALL REMODEL ' Bello Street 8. P. T. & T. CENTRAL OFFICE ATASCADERO + Halcyon Road -t VIA` 9. ST. PATRICK'S CATHOLIC CHURCH Fair Oaks Avenue 10. ARROYO GRANDE HOSPITAL REMODEL :IA. AND ADDITIONS Halcyon Road �Ah. V L , MORR 0 AACH IL - ±,— *- 0 SAXTA MANUITA all 31 & ait" MORRO BAY D�� W'. 'SANTA, RK ...... cu A 0S L C� Cvm. *A� N -G SAN LUIS L - w. Wj o Point echcm OBISPO PA + T Gnw. C, U#kI [Mr AVILA SIACII PDXI 11 Im 1(11 SHED BEACH w000m fiw ARROYO GRANDE . . . . . . . . . . . . . . tk GCEAH0 A PARTIAL LIST OF COMPLETED PROJECTS ROSS LEVIN MACINTYRE ARCHITECTS 1129 MAPSM STqEET SAN LUIS OBISPO CALIFORNIA 93401 IBM) SA,l1291 :i ,j r. �i Exhibit "C" - Page 1. _ I �. d•..' ^+.� vw ... , rr �.s� z.. ay a ! :. "+� ��..:t 'v w ii f. < :•aa ARCHITECTS 1129 MARSH ST., SAN LUIS OBISPO, CALIFORNIA 93401 (805)543 -1291 i COUNTY GENERAL HOSPITAL ADDITIONS - 1958 Architect's estimate, 10 Aug. 1957 r. Low bid less alternates, 17 Feb. 1958. Contract as awarded Change Orders Total change orders ro of contract SOUTH COUNTY-HEALTH CENTER - 1964 Architect's estimate, Nov. 1963 Low bid less alternates, 30 April 1964 Contract as awarded Change Orders Total change orders o of contract COUNTY MENTAL HEALTH CENTER 1968 Architect's estimate, Aug. 1967 Low bid less alternates, 16.April 1968 Contract as awarded Change Orders Total change orders of contract POLICE FACILITIES - SAN LUIS OBISPO - 1968 Architect'.s estimate Low bid less alternates Contract as awarded Change Orders Total change orders a of contract BAYWOOD ELEMENTARY SCHOOL - 1975 Architect's estimate, Aug. 1975 Low bid less alternates, Dec. 4, 1975 Contract as.awarded, Dec. 9, 1975 Change Orders Total change orders.°: of.contract BAYWOOD ELEMENTARY SCHOOL Architect's estimate, 12 Low bid less alternates, Contract as awarded, 17 Change Orders Total change orders of - 1978 Jan. 1978. 16 Jan. 1978 Jan. 1978 contract $1,122,202. 1,121,000. 1,155,700. 22,972.. 1.9 54,232. 56,700. 56,700. 636. 1.1 320,800. 308,380. 314,480. 2,527. .79. 360,364. 377,259. 389,413. 1,509. .38 1,200,000. 1,093.,000. 1,093,000. 4,034. .37 690,000. 644,000. 644,000. 3,343. .52 RESOLUTION NO. 4017 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING BUILDING.CONSTRUCTION BOARD OF APPEALS PROCEDURAL RULES AND BYLAWS BE IT RESOLVED by the.Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to Section 1204 of the Charter of the City of San Luis Obispo, this Council hereby approves the procedural rules -and by of the Building Construction Board of Appeals, attached hereto marked, Exhibit A. 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 an.d.adopted this 20th day of ._November , 1979. ATTEST:: Director of - community- D04velopment _� � u �i ice_•_. / • • _ Official: R 4017 CITY J.H FITZPATRICK APPROVED: City Admini;.'sfra vi a Officer City - Attorney Director of - community- D04velopment _� � u �i ice_•_. / • • _ Official: R 4017 C' J EXHIBIT "A" BUILDING CONSTRUCTION BOARD.-OF APPEALS BYLAWS I. FUNCTIONS The Construction Board of Appeals is established as a forum for those seeking relief from the strict application of the provisions of the City's adopted Uniform Code, as follows: A. To determine the suitability of alternate materials, methods.of construction, and other specifications set out in the City's adopted Uniform Codes. B. To interpret reasonably the provisions of the City's adopted`Uniform Codes. II. MEETINGS A. Meetings shall be on call of the Chief Building Official on at least three days public notice given in a form acceptable to the City Clerk. B. Meetings shall be held in the City Hall, 990 Palm Street, San Luis Obispo, California. C. In the event the Board desires to hold all or any portion of a meeting at a place other than.the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such meetings. III. OFFICERS A. Officers of the Board shall be a Chairperson and a Vice Chairperson. B. Offices shall be filled from appointed members by written ballot of the voting membership. C. Election.of.of£icers shall be held annually at the first meeting held after July 1. D. The Chief Building Official shall,be an ek officio member of the Board ands• shall be Secretary to the Board. IV. DUTIES OF THE CHAIRPERSON The Chairperson shall.preside at all meetings of the Board. The Chairperson shall preserve order and decorum at all meetings, shall vote on.all questions and announce the Board's decisions on all subjects. ' V. DUTIES OF VICE CHAIRPERSON The Vice Chairperson shall act as Chairperson.dur-ing the temporary absence or disability of the. Chairperson. VI. DUTIES OF THE SECRETARY A. In the event the Chairperson and Vice Chairperson are absent, the Secretary shall call the meeting to order and the Board shall elect one of. its members to act as Chairperson.pro tempore. B. It.shall be the duty of the Secretary to keep full, true and.correct records of the action of the Board and provide each member of the:-Board.with minutes of each meeting. C. The Secretary shall transmit copies of decisions and written findings to the City Council. D. Minutes will be submitted to the Board,for approval.at.the next.meeting. E. The Secretary shall prepare an agenda.for ea6h meeting VII. CONDUCT OF MEETINGS A. Board members should address questions through the Chairperson. B. Members of the audience should address Board members or.other-persons present through the Chairperson. VIII. QUORUM A majority of the appointed Board shall.constitute a quorum for'the'transaction of business, but a lesser -number may adjourn from time to time-and postpone the consideration of.pending business. In the absence of.any.member of the Board, the Board may adjourn the meeting and postpone consideration of pending business. IX. VOTING A. The vote on all motions making "recommendation to the City Council shall be by resolution, and a roll call vote shall be taken for the.ayes and noes prior to the consideration of the next order of business. All other motions may be by voice vote. B. Failure of any motion resolution 'or "other action to receive three affir- mative votes shall result in failure or denial of the mot "ion, resolution or other action. X. AGENDA In order for items and materials to be.included on an agenda or to be acted upon by the committee, they must be submitted to the Secretary of the Board at least three (3) days prior to the date on which said request will be considered by the Board. Such request must be made in writing setting forth the following: A. The applicable Code provision. B. The nature of the requested change:•:or__interpretAtion. C. The reasons for the change or interpretation. XI. REFERRAL TO CITY COUNCIL After the conclusion of the hearing on the request, all decisions and findings shall be made in writing to the City Council.with a duplicate copy to the appellant. The Board may recommend such new legislation as may be necessary. ' I c`- Resolution Na. 4016 (1979:Series) RESOLUTION OF INTENTION'TO APPROVE AN AMIENDMvENT'TO CONTRACT BErVEEA1 THE BOARD OF ADMINISTRATION OF THE PUBLIC P4PLOYEES' RETIREMENT SYSTEi-1 AND THE. CITY COUNCIL- OF THE CITY OF SAN LUIS OBIS PO WHEREAS, the.Public-Employees' Retirement Law permits the participation of public agencies 'an'd their employees, in the Public Employees' Retirement'System by the execution of a contract, and sets forth the procedure by which said public agencies may-elect to subject them- selves and their em ployces to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body. of the 'public agency of a Yesolu- tion giving notice of its intention to approve an I amenftent to said ' contract, which resolution shall contain a sunimar.y of the change proposed in said contract;.-and WHEREAS; the following is a statement of the proposed change: To' provide Section 20024.2 (One —year final compen- sation), for local• fire members only. NOW, THEREFORE; BE IT RESOLVED, that the governing body of the above agency gives;-'and it does.hereby give notice of intention -to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, . a copy of said amendment being' attached hereto,.as an "Exhibit" and by this reference .made a part-hereof.- On motion of Councilman Dunin, seconded by uncil_man Bond; and on the following toll call vote: . B AYES: Councilmembers Du n in, Bond, (NAME) Lyri Cooper' J gensen and P4ayor Cooper. NOES: None ABSENT:- Councilwoman B'illig - MAYOR. (TITLE) ' . November 6 1979 (Date adopted and approved) Ret. Form 122 R 4016 1'Day 1.Affidavit NOTICE CITY OF SAN LUIS OBISPO (LOGO -ART) AMENDMENT: FIRE PERS CONTRACT �c Nny 2 n i9 9TEIJ1 # NOTICE IS HEREBY GIVEN that the City Council of the City of San Luis Obispo has adopted a resolution of intention to amend the contract between the Public Employees' Retirement System and the City of San Luis Obispo to provide for one.year,final compensation for local fire members. The estimated cost to the City to provide this benefit to the firefighters for a one year, twelve month period is $6,915.00. This annual figure is subject to change in the future with any changes in actuarial data. S11H. rriizp.ki i < J.H. Fitzpatrick, City Clerk CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council (Governing Body) ' of the City of San Luis Obispo (Name of Public Agency) —' on November 6, 1979 (Date) appearing at Page Volume EE of the (Minutes) (Official'Records) of the City Council. (Governing Body) C ITY CLERK �b /r/ J.H. FITZPATRICK Secretary of the Board PEkS- CON -12 (11177) Public - Employees' Retirement System Post Office Box 1953 Sacramento CA 95809 J CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary have been made public at a public meeting at least two weeks prior to the adoption of the increase in public retirement plan benefits as provided by the Section 20024.2_.for local fire members only (optional_ benef it) which was adopted by the City Council of (legislative body) the City of San Luis Obispo on the 6th day_of_ Nove# er, 1979. (public agency) (date) Date•November 9, 1979 PERS- CON -12A (9 -78) MAYOR official title RESOLUTION NO.4015(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -152, LOCATED AT 1256 GALLEON 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 -152 and the Planning Commission's recommen- dations, staff reports thereon, makes the following findings: (1) The tentative mapJ s consistent-with the general plan and specified plans. (2) The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. (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 substan- tially 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. That the approval of the tentative map for Minor Subdivision 79 -152 be subject to the following conditions: (1) Tract corners shall be set by a registered civil engineer or land surveyor. (2) A registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy. (3) All utilities shall be underground. (4) If sewer service to each unit is to be provided by extension of the public sewer main, said main shall be six inches in diameter and constructed to city standards and easements shall be-granted to the city subject to approval of the City Engineer. Sewer main shall be at least ten feet from water lines and five feet from retaining walls with no restrictions to access. Sewer may be private and shall be four inches in diameter minimum. R 4015 Resolution No. 4015 _ (1979 Series) Tentative Minor Subdivision No. 79 -152 page 2 (5) Subdivider shall install individaully metered water service to each dwelling unit. Meters shall be clustered in sidewalk at property frontage. (6) Subdivider shall pay park in -lieu fees prior to final map approval. (7) Conditions, covenants and restrictions shall be approved by the City Attorney and Community Development Director. CC &Rs shall contain the following provisions: a. Creation of a homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common area including driveway, landscaping and all building exteriors in a. first class condition. b. Grant to the City of San Luis Obispo the right to maintain common area if the homeowners association fail.s to perform and assess the homeowners association for expenses incurred. C. No parking on the site except in approved designated spaces. d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places. e. No outside storage of boats, campers., motorhomes and trailers, nor long -term storage of inoperable vehicles. f. No outside storage by individual units. g. Homeowners association to provide for maintenance and repair of private sewer and water lines. h. No change in city required provisions of CC &Rs without prior City Council approval. (8) Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with general plan noise element. (9) All on =site driveways, nonstructural improvements, and utilities shall be installed as subdivision improvements. (10) Final map shall note common lot area as a blanket utility easement acceptable to the utility companies and City Engineer. (11) Subdivider shall install street trees to the approval of the Public Services Department. (12) Subdivider shall pay sewer and water charges as determined by the City Engineer prior to final map approval. (13) This resolution shall be effective upon the effective date of Ordinance No. 828, rezoning this property from R -2 to R -2 -PD. In the event Ordinance No. 828 is not effective on or before December 20, 19795 this resolution shall expire. The tentative map hereby.:approved­shall expire 12 months from the date of adoption of this resolution, unless extended by later action of the Council. Resolution No. 401- (1979 Series) Tentative Minor Subdivision No. 79 -152 page 3 On motion of Councilman Dunin , seconded by Mayor Cooper and on the following roll call vote: AYES: Councilman Duninr; Mayor Cooper, Councilmembers Bond and Jorgensen NOES: None ABSENT: Councilwoman Billig the foregoing resolution was passed and adopted this 6th day of November 1979. Or Lynn R. Coope ATTEST: City, c J.H. Fitzpatrick * * * * * * * * * * * * * * * APPROVED: 4 am City Administrative Of i r . /V�' - - City Attorney & . i RESOLUTION NO. 4014 (1979 series) A RESOLUTION OF.THE CITY OF SAN LUIS OBISPO CITY COUNCIL CERTIFYING THE PROJECT ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE TRACT MAP NO. 735 WHEREAS an Environmental Impact Report has been prepared and processed for Tentative Tract Map No. 735 in accordance with State and City EIR Guide- lines and Procedures, and WHEREAS the City Planning Commission has conducted public hearings receiving both written and verbal comments and incorporating same with responses into' *the final EIR,�and recommends that the EIR be certified, and WHEREAS the City Council has reviewed the project EIR, has conducted a public hearing in compliance with City EIR Guidelines and Procedures and deter- mined that said EIR adequately identifies significant environmental impacts of the project. NOW THEREFORE the City Council resolves that the project EIR for Tentative Tract Map No. 735 is certified as having been completed in compliance with CEQA and State EIR Guidelines arid:adequate to describe significant impacts of the proj ect. On motion of Councilman Bond , seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Bond, Mayor Cooper, Councilmembers Dunin and Jorgensen NOES: None ABSENT: Councilwoman Billig the foregoing resolution was passed and adopted this 6th day of November 1979. yor Lynn F.. Cooper ATTEST: j Fitzpatrick R 4014 Resolution No. 4014 (1979 series) EIR - Tract 735 APPROVED: City Administrative en icer City Attorney Community D velopment irector RESOLUTION NO. 4013 (1979 Series) A RESOLUTION OFITHE 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 cont -ract on behalf of the-City for the following: PROJECT: CALIFORNIA BLVD. WIDENING AND CITY PLAN NO: D -05 and-D-15 HIGUERA STREET WIDENING 20- 4871 -DO5 ESTIMATE: $7,000.00 and $16,000.00 BUDGET ACCOUNT: 21- 4871 -D15 BIDDER: Burke Construction Company BID LMOUNT.: $5;295:00 $13,130.00 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 Mayor Cooper , and'on the following roll call vote: AYES: Councilman:Dunin;i:IfAyor Cooper, Councilmembers Bond and Jorgensen NOES: None ABSENT: Councilwoman Bill_ig the foregoing Resolution was passed and adopted this 6th day of November 1979. . 4R YNN R. COOPE . ATTEST: CLERK /' /:v 01h "I R 4013 I (RESOLUTION NO. 4012 (1979 Series) A RESOLUTION OF = 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: TRAFFIC SIGNAL REVISIONS ESTIMATE: $16,500.00 BIDDER: Lee Wilson Electric Company CITY PLAN NO: C-07 BUDGET ACCOUNT: 20- 5171 -CO7 BID AMOUNT: $20,828.00 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 Bond-, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 6th day of November 1979. LYNN R. COMER ATTEST: CIT RK J.H. FITZPATRICR * * * * * * * * APPROVED: R 4012 RESOLUTION NO. 4011 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE OFF -SITE IMPROVEMENTS OF TRACT 649, VILLA DE MADERA, V.I.P. FUTURE CORPORATION, DEVELOPER BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Off -site improvements for Tract 649, Villa de Madera, are hereby accept- ed for maintenance by the City of San Luis Obispo. On motion of Councilman Jorgensen , seconded by Mayor Cooper and on the following roll call vote: AYES: Councilman Jorgensen, Mayor Cooper, Councilmembers Bond and Dunin NOES: None ABSENT: Councilwoman Billig the foregoing resolution was passed and adopted this 6th day of November , 1979. ATTEST: C;WZMERR J. H. RICK APPROVED: City Administrative icer 000 11 60 City Attorney ���� Director of Public Services R 4011 V, C]S� P z��b�2o V Kt' L q? Sad :=a a -it tiv ♦ .•11n _.! L • :5nnv,i�y �ycs/vHOr- ..- ..I -.,. -� �..•.4.d.,. a .I °If_ /w P•> .eS.i4f• :- .Pia.•, �ITI ,. / 1 1 `, Swrt..J lalC. � .. -_— —'I .Vida •Sl. GS.Ii.Y��: it l•• � J .w/.•i.M• P 'ia11� .. iwvwfM•Pi w .�\ s _ •r lC I • S1 ^ ' l l u 1. 1. `m i . o s.^ �. f 5 -/+- /.a• +L pM e .3 w . (rJ.a zaet f e � � 1 V • ,• �� 'Z �t+ Z'1 . a1o9r1 it �i nJ � � . • f. .'4 ; �. ,� .ill v .• .. �] w \V` fl .Nt4 %tt tKI py N11 � wc. v P.P�I y Fpp • I iw m or+ \ IS/ •0.c 'S a Vi \ .1 m i lwn'ia/ j oa,d -9 ,M"? Zdl �i:�m �& ced _ _r]d oa.s1 -i uro a I- r` m �1 w r m ' � O SL.2 •` ` F �h' oL e v o: J /.'sa'.VS �+�'IMi• /fin +J.V. .1• 9 V 1 m�} i a w D •mil v � =l lot\ a e 7 � t �1 w r m ' � O SL.2 •` ` F �h' oL e v o: J /.'sa'.VS �+�'IMi• /fin +J.V. .1• 9 V 1 m�} i a w D •mil v � =l lot\ ' i �a i `y •• ZQY .+ 1y a• 1 :.r i n. a e 7 � .y J g { ha i w tiTIC�4 z a m ^ ' i �a i `y •• ZQY .+ 1y a• 1 :.r i n. RESOLUTION NO. 4010 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE OFF -SITE IMPROVEMENTS OF TRACT 623, VICTORIA SQUARE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Off -site improvements for Tract 623, Victoria Square, are hereby accepted for maintenance by the City of San Luis Obispo. 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 6th day of November , 1979. ATTEST: CI LERK J.H. FITZPATRICK APPROVED: City A s a ficer City Attorney Director of Public Services LYNN R. COOPER R 4010 a .i a �I tY I_ L W L �v V � a QT is VT Of W k& ,f7 Gib 2- ",OO.fSN ���- 133il1S �j31 - •r � I 1 ti V V w DJ ^ Q a \wi x y b � Q of =' n•ra' 3.77.00.CSN wi""'�T' �� L[BE f7 ^ aVy i t° + re V C�A = Q � DSO t- .. p i s. A'ti+/..cfs awl b I t 0 I am .. .,. p� �i t - 2 Ali nu „tc°�, fic JI Co L W L �v V � a QT is VT Of O v J �i II •i Qj' it � � a • •v Y 1 W° W Qv � bR Q b W to ;a oti Di• "e mid r J �1 T d ,f •r � I 1 ti O w ` � y b i� r a1 ". ♦ I ^ aVy i �aV yyL V C�A O v J �i II •i Qj' it � � a • •v Y 1 W° W Qv � bR Q b W to ;a oti Di• "e mid r J �1 T •r � I 1 ti O w ` � y b i� r a1 ". ♦ I ` Y aVy i �aV yyL V C�A = Q � DSO n tqn awl b I t •a�ti ai �a O4 2a�3 8r Ar - -- W721.iS aOr 3f:: u'.f S�t w � 133NIS AviSI !at t Wjn`y� 4 w y w hw i toa w+ " 2�p•w� 0 Qc �r OI a i -t w two mlti%o` t 2 I + 9 V ` � y b N uq y i �aV yyL V C�A = Q � DSO n tqn awl b I t •a�ti ai �a O4 2a�3 8r I + 9 V ` � y b i �aV yyL = O \'4j awl b I t I + 9 F RESOLUTION NO.4009(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, ADMENDING THE RIGHT OF WAY CONTRACT BETWEEN THE CITY AND C.R. MAINO AND JEANETTE GOULD MAINO AND V.J. MAINO AND BETTY MAINO FOR SANTA ROSA STREET WIDENING PROPERTY ACQUISITION. BE IT RESOLVED by the Council of the. City of San, Luis Obispo as follows: SECTION 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and C.R. Maino and Jeanette Gould Maino, and V.J. Maino and Betty Maino for Santa Rosa Street widening is amended, a copy of the amendment to Right of Way Contract is on file in the Office of the City Clerk, and is hereby approved and the Mayor is authorized to execute same. SECTION 2. The Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to the City Engineer. On motion of Councilman Jorgensen seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 6th I day of November , 1979. ATTEST: i OR LYNN P. COOP R 4609 RESOLUTION NO. 4009 (1979 Series) - City Administrative icer City Attorney S ty Eineer r , 05 -SLC -Manta Rosa Street Parcel,-A0-l4,-1,-2 EA 130509 FAtJ M -Y394 (1) AMENDMENT TO RIGHT OF WAY CONTRACT WHEREAS, C. R. MAINO and JEANETTE GOULD MAINO, V. J. MAINO and BETTY MAINO, hereinafter referred to as Grantors, and the CITY OF SAN LUIS OBISPO, hereinafter referred to as City, have heretofore entered into that certain Right of Way Contract dated April 15, 1977, which contract set forth the terms and conditions under which City acquired certain rights for city street widening pruposes as described in Grant Deed No. 180- 14, -1, -2; and WHEREAS, As a part of the transaction dated April 15, 1977, City acquired certain temporary easement rights (180- 14 -1, -2) which have now expired;. and WHEREAS, It is the desire of City and Grantors to extend the termination date of said temporary easement rights to accommodate City's proposed construction project; - NOW, THEREFORE, It is agreed by and between the parties hereto that the termination date of said temporary easement rights should be and is extended to April 25, 1979; and that City shall pay Giafttors at the rate of $7.39 per day beginning June 2, 1978, until City notifies Grantors that it.no longer requires the use of Grantors' property for construction.purposes, which notice shall be given on or before April 25, 197:9.. All other terms and conditions of the contract shall remain unchanged. IN WITNESS WHEREOF, The parties hereto have.execu d this Amendment to Right of Way Contract this /sue day of 1979. I /C� C. R. Maino Jeanettb Gould Maino Right of Way J. Maino Betty Maino CITY OF AN By nn Mayor LUIS OBISPO R. ATTEST ity Clerk J.H. Fitzpatrick- RESOLUTION NO. 4008 (1979 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 3904 BY DEFINING EMERGENCY CALL -BACK. WHEREAS, Article VII D of Resolution No. 3904 provides for a guaranteed minimum payment for off -duty employees called to respond to an emergency; and WHEREAS, no clear definition exists of what constitutes emergency call -back; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the following sentences be added to Article VII, Section D of Resolution 3904: An emergency shall include any natural or man -made occurrence requiring the employee to report for un- scheduled duty given less than two working days' notice. Two emergency call -backs which start within the minimum time period shall be subject to the same minimum payment. 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 1979. ATTEST: CI RK J.H. FITZPATRICK. this 6th day of November LYNN R. R 4008 APPROVED: �� Llii �Gr City Administrative OffWr, City Attorney i * * * * * * * * * * APPROVED: �� Llii �Gr City Administrative OffWr, City Attorney RESOLUTION NO. 4007 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ALLOCATING ADDITIONAL CAPITAL OUTLAY FUNDS FOR CONSTRUCTION OF SINSHEIMER PARKING LOT (CITY PLAN C -22) WHEREAS, total cost for the Sinsheimer Parking Lot (City Plan C -22) will exceed the amount budgeted for this project by $9,000; and WHEREAS, when passing Resolution No. 3898 (1979 Series) this Council authorized that money be appropriated for additional force account work on this project; and. WHEREAS, contract labor rather than force account labor was more cost- effective for portions of this additional work; and WHEREAS, a $35,000 surplus exists in the amount budgeted for Creek Obstruction Removal (City Plan B -51) in account number 40- 5063 -801; NOW, THEREFORE, the Council of the City of San Luis Obispo resolves to authorize the transfer of $9,000 from account number 40 -5063 -801 (Creek Obstruction Removal) to account number 40 -5762 -748 ( Sinsheimer Parking Lot). 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 6th day of November , 1979. ATTEST: C CLERK J.H. FITZPATRICK X�� OR LYNN R. COOPE R 4007 Resolution No. 4007 (1979 Series) APPROVED: City Administrative�Olficer City Qey Ha City Engineer /0 RESOLUTION NO. 4.006 (1979 Series) A RESOLUTION OF THE COUNCIL`OF•THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1979/80 FISCAL YEAR. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: :SECTION 1.. The following General Fund Appropriation Account be increased to provide for the purchase and installation of additional litter containers within the downtown area. Account No. Description Amount (50) 01 -4853 =000 Streets and 'Sidewalk,Miscellaneous Assets $2,625.00 On motion of Councilman Bond seconded by Councilman Dunin and on the following Poll call votes AYES: Councilmembers Bond-, Dunin,,Jorgensen; and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this _6th_ day of _November 1979. ATTEST: CIT-Y-"C ERK J.H. FITZPATRICK * * * * * * *.* * �c R 4006 co i C RESOLUTION NO. 4006 0 (1979 Series) Director -of Public Services J i r� RESOLUTION NO. 4005 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF TRACT 773, KENNETH SMEE, APPLICANT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings as contained in Resolution No. 3863 (1979 Series). SECTION 2. Whereas a bond is on file with the City of San Luis Obispo to guarantee installation of subdivision improvements, all other conditions having been met. SECTION 3. This Council hereby grants approval of the final map of Tract 773 and authorizes the Mayor to execute the agreement. 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 6th day of November , 1979. R LYNN R. COOP ATTEST: C CLERK J.H. FITZPATRICK R 4005 Resolution No. 4005 (1979 Series) APPROVED: age City Administrative b r er City Attorney ity En}girieer AGREEMENT �J THIS AGREEMENT, dated this 26th day of October 1 19 -79 , by and between LK PROPERTIES, A LTD. PARTNERSHIP , 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'. 773 located at 1650 Southwood Drive City of San Luis Obispo, California ", as approved by the City Council, on the 6th day of November ,1979. . WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 773 , be accepted and approved as a final -map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Sub- divider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer,. City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL 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 he establshed by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall he gin within thirty ' ( 30 ) days from the date of recording of the final map, and that the work shall be completed within eighteen (1� months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional-period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the following conditions establi- shed by.the Planning Commission and /or the City Council. 1. Subdivider shall pay water acreage charges of $3465.50 (2.9875 Ac @ $1160 /Ac) streeet right -of -way areas are not included in this charge. 2: Subdivider shall install street trees along all street frontages to city standards. 3. Subdivider shall pay park -.in -lieu fees of $7644.65 based on a purchase price of $151,011.50 for 160049 square feet of land ($0.9435/sq. ft.) and a requirement of 8102 square feet in lieu of dedication (12 units x 0.01550 Ac /unit x 43560 square feet /Ac). 4. Subdividers shall pay grading permit fees in the amount of $164.20. 5. Subdivider shall provide certified cost of the public improvements prior to acceptance of said improvements by the city. 6. If the public improvements required for this subdivision are not completed within the time allotted by this agreement no occupancy shall be granted for completed structures nor shall new building permits be issued for structures within this subdivision. 7. Subdivider may, at his option, replace the current bond with another security subject to approval by the city. 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 'Wamial of Instructions" for Survey of Public Lands of the-United States, published by the Commissibner of General Land Office, Department of Interior, Washington, D.C.. -2- The Subdivider her,; attaches hereto, and as an in._Jral part hereof, and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the fa'i'thful performance of this agreement, which said (instrument of credit/bond) is in the amount of $ 106,000.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance.thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 100 of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by. resolution duly passed and adopted, accept said improve= ments according to said plans and specifications, and any approved modifications. thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event; the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited..and utilize the proceeds to complete.said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees.to deposit with the City a labor and material bond in the amount of 500 of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit.with the City the sum of $ 3180.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications.. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $ 3344.20 the difference is to be paid by the The City reserves the sole discretion in determining Subdivider. -3- I 1 t.ie amounts to be paid for salary and expenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map; and all other documents filed with the City by the 'Subdivider, and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: 6th day of November 1979 Approved as to form City Attorney 6th day of November , 1979 Subdivider - s /LYNN R. COOPER _ Mayor Lynn R. Cooper Attest: s/J.H. FITZPATRICK CitY',Engineer City Clerk J.H. Fitzpatrick - 4 - RESOLUTION N0.4004(1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF TRACT 766, WINDERMERE, LOCATED AT 1106 OCEANAIRE DRIVE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings as contained in Resolution No. 3807 (1979 Series). SECTION 2. Whereas a set -aside letter in the amount of $121,500 is on file with the city to guarantee installation of required subdivision improvements. All other conditions have been met. SECTION 3. Condition #2 of Resolution No. 3807 (1979 Series) granting approval of the tentative map of this project is hereby waived. SECTION 4. This Council hereby grants approval of the final map of Tract 766, Windermere, and authorizes the Mayor to execute the agreement. 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 6th day of November 1979. R YNN R. COOP ATTEST: CITY J.H. FITZPATRICK R 4004 Resolution No. 4004(1979 Series) J APPROVED: Gf/!l.e City Administrativ fficer Cit Attorney City En - eer it tu i _ t )x �i I IAWPI Ar gap �i I AGRFKMENT THIS AGREEMENT, daw 019 6th lay of N November . l p79 , by an'l between Landco Development Corporation herein referred to as "Subdivider", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City" W ITN ESS'ETIf: 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. 766 Windermere located at 1106 Oceanaire City of San Luis Obispo., California", as approved by the City Council, bi.the. 6th day of November. ,19 Z9 WHEREAS, the Subdivider desires that said Subdivision Map of said Tract No. 766 ; 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: I- CURBS, GUTTERS and SIDEWALES 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 f& a letter stating that the developer has prop- erly i.nstall.d all facilities, to be provided by him, and that the said utility is prepared to provide service to residents upon request. . ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulatiuns. All the above facilities shall he installed in the locations designz cd and to the plans and specifications on file and approved by said City Engineer. M lines and grades for all of said improvements shrill he estahlshcd by the Subdivider in accordance with sail :i;•iaov d piaks and specificationo. The 5iibdi,ider :i cccs that the wor'< of installing the ninrvc :jnprovemcnts sha11 uetiin :cithin thirty -- C30 ,l �h�}•s from the d;ite of rccordinh n:' the ;=ina1 r.iap, and that the cork sliall be completed t,ithin Eighteen _ 18 ,,,i -? ,; o s;iid rccordin- date, unless an extension has bCCn granted h,v tho City C,nInC'iI, pn,vided that if completion of said :cork is delayed by acts of God or strikes, the Subdivider sliall have an additional period of time equivalent to such period of delay in which Lo complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection., the surety waives the provisions of Section 2819 of the Civil Code.of the State of California. The Subdivider does also agree to comply with the following conditions establi- shed by .the Planning Commission and /or the City Council. 1) Subdivider shall pay water.acreage fees in the amount_ of $4562.28 (3.933 acres @ $1160 /Acre). 2) Subdivider shall pay sewer lift station charges of $1715.00 for the Laguna Lift Station (49 units @ $35.00 per unit). 3) Subdivider shall contribute $5,000.00 for undergrounding the existing wire utilities on.Los Osos Valley Road. 4) Subdivider shall deposit with the city the amount of $250.00 to guarantee monumenta- -tion of the subdivision boundary. This money "shall be refunded when the subdivision has been properly monumehted. In the event the subdivider fails to properly monument the subdivision this money shall be used to achieve that end. 5) Subdivider shall pay park -in -lieu fees of $27,364.3 5b ased upon a value of $2.276 /sq.ft per square foot and -a requirement of 24 units x .01150 Ac /unit x 43560 sq feet = 12023 (50% credit having been granted for on -site recreation facilities. Ac sq.ft. 6) Subdivider shall pay grading permit fees of $162.30. This fee shall be considered a normal subdivision fee. 7) Upon completion of all required improvements and prior to acceptance of said improvements by the city. The subdivider shall provide the city with certified actual cost of public improvements. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of Soction lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office; Department of Interior; Wnshington, D.C. -2- The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performanco of this agreement, which said (instrument of credit /bond) is in the amount of $ 121,500.00 and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the• improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve.(12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the Statc of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which. the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the-City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at-its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $ 3645.00 from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the permit fee. total of inspection fees & grading inspection fees exceed the sum of $ 3807.30 (being.the the difference is to be paid by the kg}{{#{ggQy,Q• The City reserves the sole discretion in determining Subdivider. -3- the ,miomits to be paid for salary and expenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision All plans and specific;i!ons part of said Subdivision Map, and all other Subdivi.dcr and approved by the City Engineer partic;:lars in interpreting and defining the this a;rcemcnt. on file with said City linoinccr as a locuments filed with the City by the are hereby referred to for further obligations of the Subd`iv:ider tinder It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors-, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN lVITNL:SS WHEREOF, this agreement has been executed by: 6th day of November Approved as to form 1979 City Attorney 6th day of November 1979 Su divider, s /LYNN R. COOPER Mayor Lynn R. Cooper tiff t e st : 51 i:H.. FOTZPATRICK Ci v, Enginee City Clerk J.H. Fitzpatrick �J - 4 - RESOLUTION NO. 4003 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT NO. 848, LOCATED AT 573 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 for Tract No. 848 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the General Plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the General Plan and specific plans. 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 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. That the approval of the tentative map for Tract No. 848 be subject to the following conditions: 1. The common open space area shall be designated as a blanket public utility easement. 2. Subdivider shall provide individually metered water service for each unit. Meters shall be unobstructed and clustered in the sidewalk at street frontages. 3. All on -site water, sewer, and drainage facilities shall be privately owned and maintained. 4. A storm drainage study by a licensed civil engineer shall be submitted for city approval prior to approval of the final map. 5. Units 5B and 6A shall be raised in order to prevent drainage from sheeting into these garages. 6. Existing cottonwood tree shall be saved. There shall be no paving or grading within the tree's drip line. R 4003 Resolution No. 4003 (1979 series) Tract No. 848 Page 2 7. Parcel Map MS 79 -094 shall be recorded prior to recordation of this tract map. 8. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &Rs shall contain the following provisions: a. Creation of a homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common area including private utilities, driveway and all building exteriors in a first - class condition. b. Grant to the City of San Luis Obispo the right to maintain common area if the homeowners association fails to perform, and assess the homeowners association for expenses incurred. c. No parking on the site except in approved designated spaces. d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places. e. No outside storage of boats, campers, motor homes and trailers nor long -term storage -of inoperable vehicles. f. No outside storage by individual units except in designated storage areas. g. Homeowners association to provide for maintenance and repair of private sewer and storm drainage facilities. h. No change in city- required provisions of CC &Rs without prior City Council approval. On motion of Councilman Dunin seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilwoman Billig Resolution No.. 4003 (1979 series) Tract No. 848 Page 3 the foregoing resolution was passed and adopted this 6th day of November , 1979. FAWMSIF Ci.�VClerk J.H. Fitzpatrick APPROVED: City Administrat' Officer City Attorney � Community F evelop &t Department RESOLUTION NO. 4002 _ O (1979 series) A RESOLUTION OF THE COUNCIL OF.THE CITY -OF SAN LUIS OBISPO, GRANTING APPROVAL OF TENTATIVE TRACT NO. 817 LOCATED.AT 251 MARGARITA AVE. X]/ . ,!��k 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 817 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. SECTION 2. That the approval of the tentative map for tract 817 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 undergrournded.' 4. Subdivider shall install" individually metered water service to each dwelling. unit. Meters shall be clustered and be located at driveway frontage of units, be unobstructed, and be to the approval of the Public Services Department.. 5. Sewer and water mains shall be public and to city standards. Easements.over the mains and access to mains shall be to the approval of the City Engineer. Resolution No. 4002 Tentative Tract 817 Page 2 6. Subdivider shall install fire hydrants as required and approved by the City Fire Department. 7,. One of:the existing water wells shall be abandoned and capped in compliance with applicable City; County and State Regulations. One water well may be retained for irrigation subject to providing cross - connection protection. 8. Final map shall note common lot area.as blanket utility easement.acceptable to the utility companies and City Engineer.. 9, Subdivider shall prepare conditions, covenants and restrictions to be approved. by'the City Attorney and Common -ity Development Director prior to final map approval. CC &Rs shall contain the following provisions: a. Creation of a homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common area including private driveways, building exteriors and landscaping in a first -class condition. b. Grant to the City of San Luis Obispo the right to maintain common area if the homeowners association fails to "perform, and assess the homeowners association for expenses incurred. c. No parking on the site except in approved designated spaces. d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places. e. No outside storage of boats, campers, motor homes -and trailers_, nor long- term storage of inoperable vehicles. f. No outside.storage by individual units except in designated storage areas. g. No change in city-required provisions of CC &Rs without prior.City Council approval. 10.All private streets /driveways shall be designed to a traffic index of 4.0 or better. ll.Subdivider shall provide and the homeowners association shall maintain appropriate "no parking" signs.and red curbing as required by the City Fire Department and City Engineer. .12,The drainage channel and culverts shall be designed to accommodate a 10 =year minimum design storm.. Finished building pads and /or floor elevations shall be designed to accommodate a 100 -year design_ storm. Drainage calculations and improvements shall be to the approval of the City Engineer. -Resolution No. 4002 C! • Tentative Tract 817 Page 3 13. Subdivider shall: provide for drainage along westerly tract boundary with a swale. Street /Driveway crossings shall.be by culverts in lieu of street flow or surface cross - gutters. ].4. Subdivider shall grant an easement for drainage and maintenance proposed over drainage channel. Subdivider shall grant the city permission for vehicular. access through the site to maintain drainage chatinel. Subdivider shall obtain permission and easement for drainage channel modifications off site adjacent to southerly tract boundary. Subdivider shall provide access gates as necessary and to approval of Public Services Director and City Engineer. 15. Subdivider shall pay water acreage and sewer charges as determined.by the City Engineer, prior to final map approval. 16. Subdivider shall pay park•.in -lieu fees, equivalent to 1.196 acres.; prior to final map approval. 17. Subdivider shall install street trees across entire street frontages to the approval of the Public Services Department. 18. No additional median cuts shall be made in Margarita Avenue. 19. Subdivider shall pay to the city prior to final map .approval thirty percent (30%) of the total cost toward the future installation of a traffic signal light at the intersection of South Higuera Street and Margarita Avenue. Costs shall be determined by the City Engineer. The city will install the signal when sufficient funds are available. On motion of Councilman Jorgensen, seconded by Councilman Bond, and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing. Resolution was passed and adopted ATTEST: 6th.day of.November, 1979. C� Resolution No. 4002 Tentative Tract 817 Page 4 APPROVED: City Administrative Off er City Attorney Community D T elopmen U epartment S rol RESOLUTION NO. 4001 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, GRANTING APPROVAL OF TENTATIVE TRACT NO. 807 LOCATED AT 1260 ELLA STREET BE IT RESOLVED by the Council of the City.of San Luis Obispo as follows SECTION 1. That this council, after consideration of the tentative map of tract 807 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 and specific plans. 2. The design and improvements'of the proposed subdivision are consistent with the general plan and specific plans. 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 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. 8. The driveway along the easterly boundary of the tract is found to be an easement for the purposes of calculating density on this property. SECTION 2. That the approval of the tentative map for tract 807 be sub- ject to the following conditions: 1. Parcel map MS-78-131 shall be recorded prior to recordation of this tract map. 2. Density shall be reduced to 12.7 equivalent units, unless at time of final map_approval_ the subdivider has proof of_ pu_rchase_of an additional 2300 _square feet of property,-in which case density allow may be 13.3 equivalent units Der Exh.j 3. Subdivider_sha1l.-,grant a blanket public-utilities easement over the common open space area. 4. Subdivider shall replace a portion of the existing city sewer main crossing the southerly corner of the property, to the approval of the City Engineer. 5. All sewer lines ontthe site shall be private,e.except for city main leading from Ella Street to George Street. 6. Private streets shall be designed for a traffic index of 4.0. M40A11 Resolution No. 4001 Tract 807 Page 2 7. Subdivider shall install standard reflectorized signs at the end of George Street (triangle with buttons) and "No Parking" signs. 8. Subdivider shall install individually metered water service to each unit. Meters shall be unobstructed and clustered in the sidewalk at street frontages. 9. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &Rs shall contain the following provisions: a. Creation of a homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all.common area including private utilities, driveway and all building exteriors in a.first class condition. b. Grant to the City of San Luis Obispo the right to maintain common area if the homeowners association fails to perform, and assess the homeowners association for expenses incurred. c. No parking on the site except in approved designated spaces. d. Grant to the City of San Luis Obispo the right to tow away vehicles, on a complaint basis, which are parked in unauthorized places. e. No outside storage of boats, campers, motorhomes and trailers nor long- term storage or inoperable vehicles. f. No outside storage by individual units except in designated storage areas. g. Homeowners association to provide for maintenance and repair of private sewer lines. h. No change in city - required provisions of CC &Rs without prior City Council approval. Resolution No. 4001 Tract 807 Page 3 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 adopted this 6th day of November 1979. ATTEST: Cit erc J.H. Fitzpatrick APPROVED: City AdWinistrWive.Officer Cify Attorney Community Development Department 'r C llllLIi i 1 ff1 I . i i - ' ETA -r L ]11it a'r,� L a o teag "r — 1s}r t - - - - - - -- _ -- ir ITT Ilk I• RESOLUTION NO. 4000 (1979 Se A RESOLUTION OF THE COUNCIL OF THE LUIS OBISPO APPROVING AN AGREEMENT CITY AND ENVICOM CORPORATION ries) CITY OF SAN BETWEEN THE 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 Envicom Corporation to conduct a Lake Management and Development Plan and EIR for Laguna Lake.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:. Envicom, Merriam Deasy & Whisenant, Public Services Director. On motion of Councilman Jorgensen , seconded by Coucilman 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 adopted this 6th day of November 1979. ATTEST: CVerCLERKJ.H. FITZPATRICK City AdministraelOF Officer LYNN R. COOP R 4000 RESOLUTION NO. (1979 Series) City Attorney Public Services Director CONSULTANT SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 6th day of .November , 1979, by and between the City of San Luis Obispo, hereinafter "City" and Envicom Corporation, of Sherman Oaks, California, hereinafter "Consultant ". WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with Bata base research and planning- studies and a draft and final environmental impact report (EIR) for the development of a management plan for Laguna Lake; and WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such services, and Consultant has offered to provide required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION (a) City. The Public Services Director for the City of San Luis Obispo or his designated representative hereby is designated as the Project Manager for the City. He shall supervise the .pro- gress and execution of this agreement. (b) Consultant. Consultant shall assign a single Project Coor- dinator to have overall responsibility for the progress and -1- Exhibit A execution of this .greement for Consultant. Thomas Maple is hereby designated as the Project Coordinator for Consultant. Should circumstances or.conditions subsequent to the execution of this agreement require a substitute Project Coordinator for Any reason, the Project Coordinator designee shall be subject to the prior written acceptance and approval of the Public Ser- vices Director for the City of San Luis Obispo. 2. DUTIES OF CONSULTANT (a) Services to be Furnished. Consultant shall provide all specified services and produce materials.as set forth in Exhi- bit "A" consisting.of 13 pages attached hereto and incorporated herein by this reference. (b) Laws to be Observed.. Consultant shall: (1) Procure all permits and licenses, pay all charges and fees, and give .all notices excluding the.EIR process, which may be necessary and incident to the due and lawful prosecution of the services to be performed by Consultant under this agreement; (2) Keep itself fully informed of all existing and future fed- eral, state and local laws, ordinances, regulations, orders, And decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's perfor -. mance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees, to observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above.. -2- (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans,.drawings, specifications; or provisions of this agreement. (c) Release of Reports and Information. Any report, information, data, or other material given to, or prepared or assembled by Consultant under this agreement shall be the property of City and shall not be made available to any individual or orginization by Consultant without the prior written approval of the City's Project Manager. (d) Copies of Reports and Information. If. City requests ad- ditional copies of reports, drawings, specifications, or any other material in addition to that Contractor- :is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's cost. (e) Qualifications of Consultant. Consultant represents that it is qualified to furnish the services described under- this agreement.. 3. DUTIES OF CITY City agrees to cooperate with Consultant and-to perform those tasks ascribed to it in Exhibit "A attached hereto and -incor- -3- porated by this reference. 4. COMPENSATION The City shall pay Consultant for services performed hereunder as presented by Exhibit "B" attached hereto and incorporated by this reference. Consultant shall submit.itemized invoices to the City specifying work per - formed and payment due. Payment shall be due within thirty (30) calendar days of invoice date. Invoices shall be submitted to the City on a monthly basis. 5. TIME IS OF THE ESSENCE (a) Time of completion of this project is of the essence. (b) Consultant shall complete the work to.be performed under this agreement within the time .frame set out in Exhibit "C ", attached hereto and incorporated herein by this reference. (c) Time extensions may be allowed for delays caused.by City or other governmental agencies. 6. TEMPORARY SUSPENSION City's Project Manager shall have the authority to suspend this agreement, wholly or in part, for any such period as he deems necessary due to unfavorable conditions or to the failure on the part of Consultant to perform any provision of this agreement. 7. SUSPENSION; TERMINATION (a) Right to Suspend or Terminate. The City retains the right to terminate this agreement for any reason by notifying Consul- tant in writing seven (7) days prior to termination and by paying -4- the compensation due and payable to the:date of termination; provided,. however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which follow the intent of time work scope as per Exhibit "A ". (b) Return of Materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations and other data, whether or not completed, prepared by Consultant, or given to Consultant in connection with this agreement. Such materials.shall, however, be presented in a useable format or condition and the Consultant shall be reimbursed for such time as may be required to prepare said materials. Such.materials shall become the permanent property of City: Consultant, however, 'shall not be liable for City's use of incomplete materials nor for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Consultant shall furnish City with reasonable opportunity for City to ascertain that the services of Consultant are being performed in accordance with the requirements and.intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's in- spection and approval.. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its -5- • 1\ agreement as prescribed. 9.. OWNERSHIP OF MATERIALS All original drawings, plans and other materials prepared by Consultant pursuant to this agreement shall become the permanent property of the City. Consultant may, however, retain copies for his own records. 10. INDEPENDENT JUDGEMENT Failure of.City to agree with Consultant's independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgement shall not be constructed as a failure on the part of Consultant to meet the requirements of this agreement. 11: ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES This agreement is for the performance of professional consulting design services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to perform several services as required with prior approval by the City. All such services shall be actually performed by or shall be immediately supervised by a consultant with the qualifications and experience necessary to practice in the appropriate field. 12. NOTICES All notices hereunder, shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: sm To City: City Clerk's Office City of San Luis Obispo P.O. Box 321 San Luis Obispo CA 93406 To Consultant: Envicom Corporation 4521.Sherman Oaks Avenue Sherman Oaks CA 91403 and Merriam, Deasy.& Whisenant 979 Osos Street San Luis Obispo CA 93401 13. INLBMNI`rY Consultant hereby agrees to indemnify and.save harmless the City, its officers, agents and employees of and from: (a) Any -and all claims and demands which may be made against City, its officers, agents, or employees by reason of any in- jury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act of.omission, ,negligent or otherwise, of Con- sultant under this agreement or of Consultant's employees or agents; (b) Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody; or control of Consultant, or in proximity to the site of Consultant's work, caused by any act or omission, negligent or otherwise, of Consultant.under this agreement or of Consultant's employees or agents; (c) Any and all claims and demands which may be made against City, its officers, agents, or.employees by reason of any in- jury to or death of or damage suffered or sustained by any employee or agent of Consultant under this agreement, however IWA: caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees; (d) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or con- dition of any permit. Consultant, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against City,-its offi- cers, agents; or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and sat- isfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any.such suit, action, or other legal proceeding. This condition applies only to actual work performed by Consultant in the reasonable execution of the work scope attached hereto and covers any acts of his or his subcontractors. 14. WORKERS' COMPENSATION Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every em- . ployer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. am 15 . INSURiiivCE At the request of the City's project manager, Consultant shall. provide proof of comprehensive general liability insurance (in- cluding automobile) and business liability insurance in amounts satisfactory to the City's project manager. 16. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, ad= ministrators, assigns, and subcontractors of both parties. 11. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any pro -. vision, ordinance, or law shall not be deemed to be a waiver of such term, covenant, . condition,, ordinance, or law or of any sub- sequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent accept- ance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any pre- ceding breach or violation by the other party of any term,. covenant, or condition of this agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEY FEES The prevailing party in any action brought to. enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney fees expended in connection with such an action from the other party. 19. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotia- tions, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Consultant. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant.have executed this agreement the day and year first above written. CITY OF SAN LUIS OBISPO By S /LYNNI R. COOPER Mayor Lynn R. Cooper ATTEST: APPROVED AS TO CONTENT: S/J.H. FITZPATi RICK �� a� City Clerk J.H. Fitzpatrick City Administrati e Officer y. � -£'/f e`. Director of Public Services APPROVED AS TO FORM: ENVICOM CORPORATION City Attorney Its President + -10- N m C+ C S m w H N C. C+ o• w J. 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(D to S (D o_ (D n. w V) r+ w r+ rD rD X* c n I G CD A O S c rte+ t< 2 fi Z J O O w O 0)E -1 rD (D < w fi O rD IW S J to v 0 Jz -+tE c Cr m o rD r (D fi �. J Eg c cu .� o w 5. c o. E 7r w L . y (D m n i C+ C O (D S -h w M CD 7th S O m O f� to rD X S J 'O ri C+ J_ Z 0 w. rD -S •• A Q to J• to w w C+ rD O Z J. rD In A S w 7c O h A 3 C rD O O Z O E O- w (D w O r+ 3 Vt K O 0 a 00 C Z -S 3 H rD • I IV. O O ct Z CL O N G N J. J. A •t7 J (n J. N -h 7 O N C Z fi O S i Vt pr r+ w w �3 h d (D w o_ O_ C (D A (D A (D A z o r+ LA w C+ -0. y 3 v CED w V! S A < CD w. N Ln p C w CD ct Ow O TC 3 Vl O _ 7 7 � C O S _• J Y J- O S (D 0 O n v O N w J n EXHIBIT "B" - CONSULTANT PAY SCHEDULE The .City shall pay consultant monthly based upon completion or partial completion of work tasks with the upset maximum as itemized below. An example of the form and format for monthly invoices for professional services and expenses_is attached. Monthly invoices will be referenced to the following major work scope and budget divisions: Work Element 1: Liaison, Administration and Grant Funding Research (a) Data Base Research $ 800.00 - (b) Liaison /Review Management 1,200.00 Policy (c) Research Funding Sources 11000.00 Work Element 2: Expand /Refine Technical. Data Base, Data Reduction, Suitability Analysis, and Water Rights Review (a) Testing /Measurement of 840.00 Physio- chemical Factors (Turbity, pH, Temperature, Conductivity, Dissolved Oxygen, Coliform, etc.) Actual Nine Month Test Program to be Conducted by City. (b) Soil Testing, Stability, 4,250.00 Siltation, Nutrient Content, Organics Testing /Measurement (c) Aquatic Testing /Measurement 3,600.00 (Nutrient Loads, Flora, Fauna, Eutrophication Process, etc.). (d) Terrestrial /Lake Shore Habitats 11200.00 (e) Siltation, Dredging and 3,000.00 Stockpiling Alternatives (f) Evaluation of Lake Size, 2,200.00 Depth and Shape (g) Sewage Effluent Discharge 21000.00 and Control Level Analysis (h) Water Quality Maintenance 800.00 Evaluation (i) Technical Liaison with Concerned 1,200.00 Public Agencies, re: Analytical Results (j) Water Rights Issue (Half for 11000.00 Legal Services) (k) Suitability Analysis 11900.00 Work Element 3: Identification and Evaluation of Alternatives Including Cost Estimates (a) Identification of Major Decision Criteria and Summarization of Key Components (b) Prepare Graphic Presentation .: of Alternatives (c) Prepare Cost Estimates of Each Alternative Work Element 4: Plan Selection (a) Select and Prepare Recommended Plan (b) Conduct Public Hearings and Complete Environmental Setting for EIR Work Element 5: Environmental Impact Report (a) Prepare Impact Analysis, Alternatives and Mitigation Measures and Review with- City Staff (b) Prepare Draft EIR and Respond to Public Comments (c) Public Hearings Special Costs: Travel, Graphics, Reproduction* Maximum Consultant Fee 2,500.00 3,000.00 2,500.00 3,000.00 1,500.00 2,000.00 3,200.00 800.00 2,400.00 $45,890.00 *Includes reports to "camera ready" status, but no report reproduc- tion costs. . ® CORPOR7t[OTl PHYSICAL, ECOLOGICAL and SOCIAL SCIENCE CONSULTANTS May 31,;1979 �V INVOICE TO: Bechtel Corporation ATTN: Douglas St. John SUBJECT: Western Portion - Technical Environmental Studies /EIR. invoice No. 1194 Project No. 18- 104 -001 REFERENCE: Work Agreement dated December 15, 1M Professional services rendered upon completion or partial completion of the following Work Tasks as shown in Exhibit A -1 and A -4: A -2 Landslide I vest' TASKS 4.and 5 8.0 Hours - Principal Equipment rental, Soil engineering field work and analysis TASK.? (Coordinate Field Work with Calabasas Park and Wes Lind) 2.5 Hours - Principal A -3 Percolation /Septic Feasibility TASKS 2, 3, 4 and 5 (Preparation of Report dated May 29, 1979) 38.5 Hours - Principal. 173.0 Hours - Staff Scientist 34.0 Hours - Cartographer /Typist Equipment rental (drill rig) Graphics /Expenses TASK 6 (Coordination with Calabasas Park and Wes Lind) 2.5 Hours - Principal 7.0 Hours - Staff Scientist ENVICOM CORPORATION *Percent completion for -each task will be indicated. $ 400.00 - 2,835.06 125.00 1,925.00 4,325.00 510.00 2,634.42 125.00 175.00 TOTAL AMOUNT DUE $13,354.42 Joseph G. Johns President 4529 Sherman Oaks Avenue • Sherman Oaks. California S1403 9 Telephone 1213) 986 -4203 EXHIBIT "B" (CONTINUED) PROFESSIONAL FEE SCHEDULE Envicom Corporation Principal Senior Scientist Staff Scientist Environmental Analyst Cartographer /Clerical Merriam, Deasy and Whisenant,_Inc. Principal Planning Associate Staff Planner Technician Clerical $50.00 /hour $35..00 /hour $25.00 /hour $20.00 /hour $15.00 /hour $45.00 /hour $30.00 /hour $25.00 /hour $17.50 /hour $12.50 /hour EXHIBIT "C" — PROJECT PRODUCTION.cC:HEDULE Consultant will complete project according to the following estimated time schedule: T 1 f %C m 1 M O 3 y s start of hearings i m d N "~ 41 A lA N N ..i Qm .3+ cr � N C r- CL N M O cn O C n (D N � v v CD .* d W Qp CL CD ca °N' cD m M d C31 n o c� C D rt 0,'�l, CD CL CD .. Tm N C Q W � ID f�D N/ rt �l < m C as 3 � d CL D fn :c '+ „rt � s � j X S cr i-F m Q 2. n 3. 1 1 15 r-f- U) CD 0. rt 0,'�l, CD CL \ V S Off. A 'y CIO s ' ,p �dy o . o) r0A �9 9'd/?r� /� � y T 9AA d.10 O,� S Cj C0 e C� erg' 9 %or CG�G9 fOIff . cGti Cil 00 0 ^i�7 COQ R1 ?dr. c// rt �o 9 > ro aoz FE` A Oq 9AA Ck 'r4 C'/ 9A C �AA�o OG� aim