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HomeMy WebLinkAbout4059-4099RESOLUTION NO.. 4099 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING INCREASED TAXI CAB RATES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective immediately, the maximum rates for taxi cabs operating under a certificate of public convenience issued by the City are revised and established as follows and will remain in effect for 120 days: Flag Drop First 1 /10 mile $1.50 Mileage 15 cents per 1 /10 mile Waiting Time -..per hour $10.00 SECTION 2 Resolution 4092 is hereby rescinded and is of no further force. and effect. , On.motion of Councilman Dunin, seconded by Councilman Jorgensen, and on the follow -sang roll call vote: AYES: Councilman Dunin, Councilmembers Bond, Peterson and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted tkls 19th day of February., 1980. ATTEST: r CITY . Z FITZPATRICK *, Approved: Finance Miector (� R 4099 • RESOLUTION NO. 4098 (1980 Series) A RESOLUTION OF THE;.COUNCIL OF THE CITY OF SAN LUIS OBISPO IN(SUPPORT'OF'THE UNTRASH SAN LUIS OBISPO COUNTY PROGRAM WHEREAS, San Luis Obispo County is afflicted by an unsightly and costly litter problem, and WHEREAS, the County Health Department, Division of Environmental Health is managing a litter control program, funded by a State Litter Control Grant, and WHEREAS, it is in the public interest that more effective enforcement methods be used to change littering habits and reduce litter cleanup costs, and WHEREAS, the Division of Environmental Health is.-sponsoring a litter control training seminar for enforcement personnel, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, State of California, as follows: SECTION 1. All City Department Heads shall take special cognizance of City work practices, make any necessary work changes to reduce litter and cooperate with the Health Officer to promote better litter control. SECTION 2. Residents and businesses are urged to reduce•_.littering through use of proper waste storage containers, using litter receptacles and litter bags, covering all loads of loose materials when hauling, and by helping in litter clean -up projects. SECTION 3. The City shall make staff members avail -_ able to attend the enforcement training to be sponsored by the Health Department, and to participate in the enforcement program. On mot -ion 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 R 4098 � Ne Resolution No. 4098 (1980 Series) the foregoing Resolution was passed and adopted this 19th day of February , 1980. ATTEST: i Cit rk J.H. Fitzpatrick APPROVED: 11 RESOLUTION N0. 4097(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GRASS ROOTS II TO PAY GRASS :ROOTS II $15,000.00 TO PRO M E.SAID'SERVCHS TO.SLO RESIDENTS FROM 2/1/80 - 6/30/80. BE IT RESOLVED.by the Council o.f =the City of`San.Lui:s Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference,,. between the City of San Luis Obispo and Grass Roots II, 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: Grass Roots II, Inc., Human_Re.lations Commission; Finance Director: On the motion of Mayor Cooper seconded by Councilman Bond , and on the following roll call Vote: AYES: Mayor Cooper and Counc lmembers Bond, Billig,`pilnin and Jorgensen NOES: None ABSENT: None the foregoing Resolution was passed and adopted this . 5th day of February, 1980 . ATTEST: v AGREEMENT GRASS ROOTS II THIS AGREEMENT, dated February 1, 1980, for the convenience of the -parties hereto, is between the CITY OF SAN LUIS OBISPO, a municipal corporation of California (hereinafter called "City ") and GRASS ROOTS II, a non - profit corporation (here.inafter called "Association ") WITNESSETH WHEREAS, City recognizes that the Grass Roots program has served both a public purpose and a municipal purpose, and City desires to see the continuation of the Grass Roots program, or an equivalent thereof; and WHEREAS, Association has represented to City that it has the man- power and expertise to carry on an effective program equivalent thereto; and WHEREAS, Association has provided a satisfactory program with City financial assistance since April 1, 1972, and both parties desire to continue this worthwhile community servi.de for the term of this Agreement; and WHEREAS, City and Association previously have entered into agreements for funding of such community services; and WHEREAS, City and Association now desire to enter into a similar funding agreement for the period February 1, 1980 through June 30, 1980, with certain modifications; NOW, THEREFORE, City and Association, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. This agreement shall be effective as of February 1, 1980, and shall terminate June 30, 1980. 2. The City, through its Human Relations Commission, shall during the term of the agreement, with input from Grass Roots II Board of Directors continue to evaluate the efficiency of the operation of Grass (loots II as it pertains to City funded money. 3. Association agrees to use its best efforts to operate a program within the City of San Luis Obispo. Services to be provided by the Association include information and referral, crisis intervention, emergency services, transportation and a voice for advocacy for, but not limited to low income persons. 4. City agrees to pay Association the total sum of.$15,000.00 for costs actually incurred during the term of this Agreement, as follows: (a) A one time payment of $940.00 payable directly to the San Luis Obispo County Council of Governments, payable upon execution of this Agreement for insurance for Association van. (b) The remaining funds of this grant, $14,060, shall be disbursed upon receipt of required reports and vouchers on the last day of each of the five months of the term of this agreement, the sum of $2,812 per month, as compensation for the following: (1) Salary of Executive Director (2) Salary of Business.Manager (3) Salary of Executive Secretary (4) Payroll taxes (5) Office space rent If during any month any of the items (1) through (5) are less than $2,812, payment by City to Association hereunder shall be reduced accordingly. In no event, however, shall monthly payments under this sub- section exceed $2,812 per month. 5. (a) Association shall provide City with monthly summary reports describing the type and quantity of services provided., funds expended for line items noted in section'4,b, 1 -5, and listing funds expended and funds received by Association from other sources. The reports shall be in a form approved by City Human Relations Commission (Exhibit "A" attached). (b) City may from time to time during the term of this agreement require further reporting by Association to ensure: (1) that the purpose . and.intent of this agreement is being carried out, and (2) that Association is administering City funds in an .efficient manner. 6. Association shall not in any manner represent that it is an agency of City. Association and all of its agents, representatives and participants in any manner in the Grass Roots II program shall be independent contractors or volunteers for Association and shall not be considered as employees or agents of City for any purpose. Association agrees to hold the City harmless and defend the City in any action, proceeding or hearing wherein the cause'of action of claim is based upon an allegation that any person participating in the Grass Roots II program is an employee or agent of the C i -ty. 7.. Association will hold the City harmless from all claims and liability arising from the operation of the Grass Roots II program. Association shall obtain and keep current a liability insurance policy with property damage coverage of not less than $50,000.00 for each person on account of any one occurrence, and with personal injury coverage of not less than $100,000.00 for each person and $300,000.00 total for each occurrence. The *City shall be specifically listed as a named insured in said policy, which shall contain a provision that there shall be no cancellation or material change in coverage without thirty (30) days prior written notice to City. 8. Funding hereunder is not, and shall not be construed as, a commitment or promise to fund the Association at any future date, following the term of this agreement. 9. The City Council may by motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to Association. Said termination shall be effective thirty (30) days after City mails notice of termination to Associat.ion. 10. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: City Clerk City of San Luis.Obispo P.O. Box 321 San Luis Obispo, CA 93406 Association: Grass Roots II, Inc. 1371 Pacific Street _ B San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized. ATTEST: erk J.H. Fitzvatrick GRASS ROOTS II, MC By: Q 17-n &'A. Presider Treasurer i Approved: Cite "Administrative Officer i � Q City Attorney Finance or Human RelWons Commission Chairperson EXHIBIT A 1. GRASS ROOTS II, INC. RECOMMENDATIONS FOR REPORTING TO CITY OF SAN LUIS OBISPO HUMAN RELATIONS COMMISSION City's Philosophic Assumption for funding this service: Aim to help people help themselves GENERAL RESPONSIBILITIES of the Human Relations Commission on behalf of City of SLO 1. Ascertain what services are needed by persons within the City. 2. Determine how the City should provide or contract for such services. 3. Determine how to measure performance. 4. Authorize payment for services rendered upon certification of delivery. SPECIFICS: with reference to contract with Grass Roots II: 1. Services contracted for: Drop -in information and referral center, emer- gency services, and a voice of advocacy for the low- income community of San Luis Obispo City, but not excluding other people in need as determined by Grass Roots II Board and Staff. 2. Agency contracted with: Grass Roots II, Inc. 3. Measurement of performance: unit cost per case. 4. Payment: monthly, upon receipt of appropriate reports. GUIDELINES FOR REPORTING: 1. Monthly: a. Summary of persons assisted during the past month (Total cases): 1) Number of cases - drop -in telephone 2) Residence: City of San Luis Obispo Other areas in SLO County Outside SLO County b. Summary of services provided (total cases : Also indicate approximate % of staff time used: 1) Information only 2) Referral (list agencies and number of referrals) 3) Crisis Intervention (on a one time basis only) 4) Citizen advocacy list agencies and number of cases) 5) Emergency services provided: a. Transportation b. Food c. Clothing d. Temporary shelter e. Shopping for shut -ins disabled c. Director's Report - for month immediately past. d. Treasurer's Report - for month immediately past, including in -kind donations. With authorized vouchers for payment of 1) salaries for: Executive Director, Business Manager, Executive Secretary; 2) payroll taxes; 3) office space rent. U EXHIBIT A (Page 2) e. Board minutes - for most recent meetings. f. Grass Roots to notify HRC of all regular and special meetings of the Grass Roots 11 board scheduled for coming month. 2. Annual: a. Grass. Roots to provide HRC with current copies of its by -laws/ constitution and current list of board members and officers. RESOLUTION N0. 4096 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND HELP US STAY-HOME, INC. (H.U.S.H.) TO PAY. H.U.S.H. A ONE -TIME GRANT OF $7,500 TO MAKE ITS IN- HOME SUPPORTIVE SERVICES AVAILABLE TO SLO RESIDENTS FROM 2/29/80 - 7/31/80. 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 Help Us Stay Home, 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: Help Us Stay Home, Inc., Human Relations Commission, Finance Director 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 2nd day of February 1980. ATTEST: _7� FITZPATRICK R 4096 APPROVED: City Adminis rative Officer City Attorney 4ance'�-51 rector AGREEMENT H.U.S.H. INC. THIS AGREEMENT, dated February 6, 1980, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a municipal corporation of California (referred to herein as "City ") and HELP US STAY HOME, INC. (referred to herein as "H.U.S.H. "). WITNESSETH WHEREAS, H.U.S.H. has requested City to contribute to H.U.S.H.'s human service program " . . . (to) meet the needs of individuals who could best be helped with supportive care in their homes ", as set forth in.Exhibit "A" attached hereto; and WHEREAS, said services will be available to residents of the City, thereby serving both a public and a municipal purpose: NOL9, THEREFORE, City and H.U.S.H., for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. H.U.S.H. agrees to continue to make its in -home supportive services available to residents of the City of San Luis Obispo on a regular basis. 2. City agrees to pay H.U.S.H.. a one -time only start -up grant total sum of Seven Thousand Five Hundred Dollars ($7,500) for services actually provided, payable monthly in six (6) equal installments on or before the last day of each and every month, commencing February 29, 1980 and continuing through July 31, 1980. 3. H.U.S.H. will provide City with monthly siLmmary reports, describing the type and quantity of services provided, and listing funds expended and funds received by H.U.S.H. from other sources. Said reports shall be in a form approved by City Human Relations Commission (Exhibit "B ", attached). 4. H.U.S.H. and all of its agents, representatives, participants in any manner in the performance of H.U.S.H. obligations and.duties hereunder shall be employees, independent contractors, or volunteers for H.U.S.H. and shall not for any purpose be considered as employees or agents of City. 5. Funding hereunder is not, and shall not be construed as, a commitment or promise to fund H.U.S.H. at any future date following the term of this agreement. 6. H.U.S.H. agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding, or hearing wherein the allegation charging liability on the part of the City as a result of any act or ommission, negligent or otherwise, of H.U.S.H. 7. The City Council may by motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to H.U.S.H. Said termination shall be effective thirty (30) days after City mails notice of termination to H.U.S.H. 8. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: City: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 H.U.S.H.: Help Us Stay Home, Inc. % Teach School, 375 Ferrini Rm. 3 San Luis Obispo, CA 93401 IN WITNESS IN-HEREOF, the parties hereto have executed this Agreement by their proper officers duly authorized. -2- 1T \� ATTEST: SM.A. FITZPATRICK City Clerk J.H. Fitzpatrick Approved: City dministrative Officer f human Rel ions Comm'ssion Chairperson HELP US STAY HOME, INC. By \�[� Chairperson secretary/T±easurer CITY OF SAN LUIS OBISPO By: AYNN R. COOPER Mayor Lynn R. Cooper -3- GUIDELINES FOR REPORTING results of city funding of H.U.S.H. (start -up funds Feb., 1980 -July, 1980) Philosophic Assumption: Aim to help people help themselves. General Guidelines: 1. Determine what services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3• Determine how to'measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines: 1. Service - to meet the needs of individuals who could best be helped with supportive care services in their homes. 2. Agency - Help Us Stay Home, Inc. 3• Measurement of performance - unit cost per client. 4. Payment - 6 month payments upon receipt of the following: a. Coordinator /Chairperson's Report - for month immediately past. b. Treasurer's Report* - for month immediately past. c. Board Minutes - for meetings held during past month. d. Summary of persons assisted during month (upon start -up of service delivery system): - number of clients, - summary of type, service, and amount of in -kind services, - such other statistical data as may be helpful to H.U.S.H., and information for reporting purposes. 5• Agency to provide current copies of its bylaws /constitution and current list of board members and officers. 6. Agency to notify HRC of all regular and special meetings of H.U.S.H. Board.. any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of appropriate vouchers. HRC /February, 1980 stw EXHIBIT B J ,. R ^SOLUTION NO.4095 (19 8O Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE. CITY AND PEOPLE'S SELF HELP HOUSING CORPORATION ( PSHHC) TO PAY PSHHC $13,281 TO MAKE ITS HOUSING REHABILITATION SERVICES AVAILABLE TO SLO RESIDENTS FROM 2/29/80- 6/30/$0. BE IT RESOLVED by the Council of the City of Sari 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 People's Self Help Housing Corporation 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: People's Self Help Housing Corporation, Human Relations Commission, Finance Director. On motion of Councilman Jorgensen seconded by Councilwoman BiiliQ .q and on the following roll call vote:. AYES Counciimembers Jorgensen, Billig, Bond., Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of February 1980. ATTEST: CITy j2e R 4095 I RESOLUTION NO. 4095 (198Ur Series) APPROVED: ,G City AdministgatiOfficer City Attorney Finance Dir r AGREEMENT People's Self Help Housing Corporation THIS AGREEMENT, dated February 6, 1980, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a municipal corporation of California (referred to herein as "City ") and PEOPLE'S SELF HELP HOUSING CORPORATION of'San Luis Obispo County.(re£erred to herein as "PSHHC "). TnTITNESSETH WHEREAS, PSHHC has requested City to contribute to its human service program of providing "housing rehabilitation program for low- income elderly and /or handicapped residents of the City of San Luis Obispo ",.as set forth in Exhibit "A" attached hereto; and WHEREAS, said services will be available to residents of the City, thereby serving both a public and a municipal purpose: NOW, THEREFORE, City and PSHHC, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. PSHHC agrees to continue to make its housing rehabilitation services available to residents of the City of San Luis Obispo on a regular basis for the period February 11 1980 through June 30, 1980. 2. City agrees to pay PSHHC a total sum of Thirteen Thousand Two Hundred Eighty -one Dollars ($13,281) for services actually provided during said perio'd,- payable monthly in equal installments on or before the last day of each and every month, commencing February 29, 1980, and continuing through June 30, 1980. 3. PSHHC will provide City with.monthly .su_*nmary reports describing the type and quantity of services provided, and listing funds expended and funds received by PSHHC from other sources. Said reports shall be in a form approved by City Human Relations Commission (Exhibit "B" attached). 4. PSHHC and all of its agents, representatives; and participants in any manner in the performance of PSHHC's obligations and duties hereunder shall be employees, independent contractors., or volunteers for PSHHC and shall not for any purpose be considered as employees or agents of City. 5. Funding hereunder is not, and shall not be construed as, a commitment or promise to fund PSHHC at any future date following the term of this agreement. 6. PSHHC agrees to hold City harmless, and to defend City against, from and in any claim action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act or ommission, negligent or otherwise, of the PSHHC. 7. The City Council may by motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to PSHHC. Said termination shall be effective thirty (30) days after City mails notice of termination to PSHHC. 8. For purposes of notice under this Agreement, all notices shall be considered-effective upon being sent by certified mail to the following addresses: City: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 PSHHC: People's Self Help Housing Corporation P. 0. Box 315 1545 Los Osos Valley Rood, Suite A -5 San Luis Obispo, CA 93401 IN WITNESS THEREOF, the parties hereto have executed.this agreement by their proper officers duly authorized. -2- PEOPLE' sn jSELF HELP HOUSING CORPORATION Q. A) ZIA By: President of Toal xecutive Director CITY OF SAN LUIS OBISPO By: s /LYNN R. COOPER MAYOR LYNN R. COOPER ATTEST: s1J.H. FITZPATRICK CITY CLERK J.H. FITZPATRICK Approved: City AdiAfn =istra ive Officer Chairperson -3- t it f. 10c'mi•I 0BjF— "IVES: J Peoples Self -help (lousing Corporation proposes to provide, to the moderate and low-income elderly and handicapped persons within the Citv of San Luis Obispo, major and minor repairs.iand rehabilitation to their homes. The Pre- Construction person, under the direction of the (lousing Advisory Service, will provide outreach service in the follow- ing areas: Loan Counselling, Funding Sources, Types of Home Repairs. and Rehabilitation Services offered by the program, Referrals to other ngoncies where applicable, etc. We also will provide loan packaging and qualifications analysis for home repair and rehabilitation programs through the services of the Pre.- Construction person; Cost estimates, free home inspections, ohtaini.ng of permits, sypervision of construction, etc.. by the Construction Planner. We propose that 150 - 220 people will he served through the out- rAChL each program and that 25 - 40 homes will be rehabilitated in the first year. Those residents on the existing waiting list could then he �rrved effectively. Finally, as it states in the City's housing F.leiw�nt, much of the existing housing stock in the City will be pre- scrvod. This program would eliminate many health and safety housing hazar(ts and thus be of benefit to the whole community of the City of S.nn Luis Obispo. EXHIBIT A :c GUIDELINES FOR REPORTING results of city funding of People's Self Help Housing Corporation February 6 - June 30, 1980 Philosophic Assumption: Aim to help people help themselves. General Guidelines: 1. Determine what services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3• Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines.: 1. Service - housing rehabilitation program for low - income elderly and /or handicapped residents of SLO City. 2. Agency - People's Self Help Housing Corporation. 3. Measurement of performance - unit cost per job. 4. Payment - monthly, upon receipt of the following: a. Housing Advisory Service Director's report - for month immediately past. b. Narrative report on jobs = for month immediately past. c. Budget report* - for month immediately past. d. Cost effectiveness report - for month immediately past. 5. Agency to provide current copies of its bylaws /constitution and current list of board members and officers. 6. Agency to provide for an annual audit by an independent auditor. any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of appropriate vouchers. HRC /February, 1980 stw Exhibit B t r L RESOLUTION NO. 4094 (19 80 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ECONOMIC OPPORTUNITY COMMISSION (EOC) TO PAY THE EOC $3,165 TO MAKE ITS CHILD CARE RESOURCE CENTER AVAILABLE TO SLO RESIDENTS FROM 2/1/80 - 6/30/80! 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 Economic Opportunity Commission of San Luis Obispo County 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: Economic Opportunity Commission of SLO County, Human Relations Commission, Director of Finance. On motion of Councilman Jorgensen ,:seconded by Mayor ooaar , and on the following roll call vote: AYES: Councilman Jorgensen, Mayor Cooper and Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of February , 19 80. ATTEST: rT/ices !F" R 4094 City Atto y Di ec o gffance 1 c AGREEMENT Economic Opportunity Commission THIS AGREEMENT., dated February 6. 1980, for the convenience of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a municipal corporation of California (referred to herein as "City ") and ECONOMIC OPPORTUNITY COMIMISSION of San Luis Obispo County, an unincorporated associati,,dn(referred to herein as "EOC "). WIT`dESSETH WHEREAS, EOC has requested City to contribute to EOC's Child Care Resource Center's human service program of providing child care respite services to those parents with.low- income or emergency needs due to extenuating circumstances such an incapacitation /hospital- ization, emergency job search, and /or counseling /mental health purposes ". As set forth in Exhibit "A" attached hereto; and WHEREAS, said child respite care services will be available to residents of the City, thereby serving both a public and a municipal purpose: NOW, THEREFORE, City and EOC., for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. EOC agrees to continue to make its child care respite available to residents of the City of can Luis Obispo on -a regular basis for the period February 1, 1980 through June 30, 1980. 2. City agrees to pay EOC a total sum of Three Thousand One Hundred Sixty -five. dollars ($3,165) for sery -ices actually provided during said period, payable monthly in equal installments on or before the last day of each and every month, commencing February 29, 1980 and continuing through June 30, 1980. 3. EOC will provide City with monthly summary reports describing the type and quantity of services ov'ded, and listing funds expended ac` "''`4 -� and funds received by BaC' /CCRC from other sources. Said reports shall be in a form approved by City Human Relations Commission (Exhibit "B" attached). 4. EOC and all of its agents, representatives, and participants in any manner in the performance of EOC's obligations and duties hereunder shall.be employees, independent contractors, or volunteers for EOC and shall not for any purpose be considered as employees or agents of City. 5. Funding hereunder is not, and shall not be construed as, a commitment or promise to fund EOC at any future date following the term of this agreement. 6. EOC agrees to hold City harmless, and to defend City against, from and in any claim action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act or ommission, negligent or otherwise, of EOC. 7. The City Council may by motion terminate this Agreement at its sole discretion after a public hearing held upon ten (10) days written notice to E.00.. Said termination shall be effective thirty (30) days after City mails notice of termination to EOC. 8. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified mail to the following addresses: CITY: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 EOC: Economic Opportunity Commission 1508 Marsh Street San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized. ECONOMIC OPPORTUidITY COMIAISSION By: Chargrsoh -" " By: Treas r CITY OF SAN LUIS OBISPO By: - - -s /LYNN R. COOPER Mayor — - - ATTEST: SIJ.H. FITZPATRICK City Clerk Approved: City Adniihis trative Officer Chairperson III. Program Ob?ectives What we are proposing is a simple solution to a complex problem. We plan to provide 3744 hours of child care referrals and reim- bursements to eligible parents in need of respite child care. Parents would utilize the CCRC Vendor Payment System for those instances when they are incapacitated /hospitalized, involved in search for employment, or in need of time away from children for counseling or other mental health purposes. The program will offer assistance where there are no other sources to draw upon. It is the intent of this program to support the family in time of need or crisis to help alleviate stress and thereby enrich the lives of children and parents. Exhibit B Y I� n • v i GUIDELINES FOR REPORTING results of city funding of Economic Opportuhity Commission \vim GJ February, 1960 - June 30, 1980 Philosophic Assumption: Aim to help people help themselves. General Guidelines: 1. Determine what services are needed by persons within the city. 2. Determine how the city should provide or contract for such services. 3. Determine how to measure performance. 4. Pay for services rendered upon certification of delivery. Specific Guidelines: 1. Service - Child respite care to those parents with low- income or emergency needs. Ecovomic, vppao.ruurry COHNISS00^1 2. Agency - rL , J - -- «" 6F SRS LUIS oQrtsDC eaU,vTY, «c• `=�= 3. Measurement of performance - unit cost per client. 4. Payment - monthly, upon receipt of the following: a. Summary of persons assisted during past quarter, including: - number of families, and number and ages of children, - place of residence (SLO City, SLO County, other - city by name if within County), - number of respite hours provided (per child, and tota.l), - summary of type, service, and amount of in -kind services, - such other statistical data as may be helpful to EOC /CCRC., and information for reporting purposes. b. Director's Report - for month immediately past. c. Budget Report' - for month immediately past. d. CCRC Advisory Board Minutes - for meetings held during past month. 5. Agency to provide current copies of its bylaws /constitution and current list of board members and officers. 6. Agency to notify HRC of all regular and special meetings of CCRC Advisory Board. 7. Agency to provide for an annual audit by an independent auditor or by an auditor as selected by City.. any travel reimbursements contained therein to be paid by organization's treasurer only upon receipt of appropriate vouchers. Exhibit B HRC /February, 1980 stw l� l 1 y.� RESOLITION NO. 4093 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BEDLO, INC. TO HAUL AWAY AND LAWFULLY DISPOSE OF ANY AND ALL MOTOR VEHICLES ABANDONED WITHIN THE CITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and BEDLO, 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: Finance Director, Chief of Police, Bedlo, Inc. On motion of Councilman Jorgensen , seconded by Mayor Cooper , and on the following toll call vote: AYES: Councilmember Jorgensen, Mayor Cooper, Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 19th day of February 1980. ATTEST: i CIT � . FITZPATRICR 1; R 4093 Resolution No. 4093 APPROVED: City Adman' 47", ficer City Attorney Chie o Police Finance Di ecEor (1980 Series) AGREEIdENT This Agreement, dated February 5, 1980, for the convenience of the parties, is by and between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City ", and BEDLO, INC., 3045 Duncan Lane, San Luis Obispo, California 93401, hereinafter referred to as "Contractor." WITNESSETH: WHEREAS, the Contractor is willing to haul away and lawfully dispose of any and all motor vehicles abandoned within the City during the next one and one -half fiscal years; and WHEREAS, the City is desirous of having all of said abandoned motor vehicles regularly collected, hauled away and disposed of; NOW, THEREFORE, the Contractor and City agree as follows; 1. Contractor will furnish the necessary personnel and equipment to pick up, tow away and lawfully dispose of all motor vehicles abandoned, irrespective of value, in the City, as designated by the Chief of Police of said City. During the period of this contract, Contractor will be City's exclusive agent for disposal of such vehicles. 2. Contractor shall pay for the services of the drivers of the tow trucks as well as the wages and salaries of all personnel otherwise engaged in the services contemplated by this Agreement and shall bear all expenses of maintenance and operation of the trucks and other required equipment. 3. Contractor shall, during the performance of the work.contemplated by this Agreement, comply with all applicable statutes of the State of California and ordinance of the County and City of San Luis Obispo including but not limited to those provisions set forth in the State Motor Vehicle and Labor Codes. 4. Contractor shall take out and maintain during the duration of this Agreement, in addition to such other insurance as may be required by law, a policy of comprehensive garage liability.insurance, including garage keeper's legal liability. Said insurance shall be in an amount not less than $100,000/$300,000 public liability D 0 and not less than $25,000 for property damage. Concurrently with the execution of this agreement, Contractor shall furnish the City a certificate evidencing all required insurance coverage and naming the City of San Luis Obispo, its elective and appointive boards, officers, agents, employees, and any subcontractors in the performance of work for the City as additional named insured parties. Said certificate shall also state that ten (10) days prior notice shall be given to the City of any reduction in insurance coverage or of cancellation of all or any portion of said insurance. 5. It is understood and agreed that the City shall incur no charge or expense for any abandoned motor vehicles picked up and hauled away by Contractor at the direction of the Chief. of Police of said City or his designated representative during the period of this Agreement. 6. In addition to such other records as are required bylaw, the Contractor must agree to keep in such form as the Chief of Police may prescribe, and written in ink or indelible pencil, a daily record of all motor vehicles picked up at the .l. direction of the City, an accurate description of each such vehicle and the time and place said vehicle was picked up. The records shall at all reasonable times be open to the inspection of any police official or any person duly authorized in writing for such purposes by the Chief of Police. Once each month, a copy of the cumulative monthly record required to be kept for the City shall be submitted to the City Clerk. Contractor shall also include in such record any payments made to Contractor by the owners of such towed vehicles. Said towing charges to private parties reclaiming abandoned vehicles shall be Eleven Dollars ($11.00) per vehicle. Such abandoned vehicles shall also be subject to a storage charge of Three Dollars Fifty Cents ($3.50) per day. Said charges are to be made only to registered owners of vehicle upon reclamation of vehicle. 7. This Agreement shall be in effect from February 5, 1980, through December 31, 1981. Neither this Agreement nor any part thereof may be assigned or transferred without the approval of the City Council. -2- 8. In the event that Contractor at any time during the term of this Agreement fails to carry out the work that is to be performed in accordance with the terns and conditions herein set forth, City may at its option terminate and cancel this Agreement.. 9.' For purposes of notice under this Agreement, all notices shall be considered effective upon being sent.by certified U.S. Mail to the following addresses: CITY: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 CONTRACTOR: Bedlo, Inc. 3045 Duncan Lane San Luis Obispo, CA 93401 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: s/J.H. MZPATRICK CITY CLERK Approved: / t trr A ive 0 ice City Attorney Chief Police CONTRACTOR: BEDLO, INC. By Title: ifw „t, CITY OF SAN LUIS OBISPO $/LYNN R. COOPER MAYOR -3- RESOLUTION NO. 4092 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING INCREASED TAXI CAB RATES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective immediately; the maximum rates for taxi cabs operating under a certificate of public convenience issued by the City are revised and established as follows: Flag Drop - Mileage "First 1 /10 mile Waiting Time - per hour $1.50 10 cents per 1 /10 mile $10.00 On motion of Mayor Cooper, seconded by Ron Dunin, and on the following roll call vote: AYES: Mayor. Cooper, Councilmembers Dunin,.Billig, Bond, Peterson NOES: None ABSENT: None the foregoing Resolution was passed,and adopted ATTEST: 9&/.�� CITY J. FITZPATRICK Approved: City Adminis(ti'ayive O 'fficer City Attorney Finance/Director day of February, 1980. R 4092 RESOLUTION NO. 4091 (1980 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ADOPTING A SEWER SERVICE PLAN - A PLAN TO GUIDE THE PROVISION OF SEWAGE TREATMENT SERVICE WITHIN THE ADOPTED SERVICE AREA WHEREAS, the federal government has required the City of San Luis Obispo to make changes to its sewage treatment plant located on Prado Road. The purpose of the change is to improve the quality of the effluent discharged from the plant; and WHEREAS, the City has applied for a Clean Water Grant from the federal government to help pay for the required changes to the City's sewage treat- ment plant; and WHEREAS, the California Water Quality Control Board requires as a condition of the city accepting the federal grant, that the City provide sewage treatment services within the adopted service area on a "fair and equitable basis "; and WHEREAS, the City desires to adopt a strategy for complying with the grant conditions established by the Water Quality Control Board and at the same time provide sewer treatment services in such a way as to reinforce the City's General Plan Growth Management and Land Use Policies;. and WHEREAS, the City Community Development Director has determined that a previous EIR prepared for the City's 1977 General Plan Land Use Element adequately addresses the environmental consequences of adoptl'ng the proposed sewer service plan, director's determination attached as "Exhibit A." NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo, the following: (1) The City Council sustains the environmental determination for this project made by the Community Development Director and attached as "Exhibit A." (2) The City Council adopts. the Sewer Service Plan attached and included as "Exhibit B." (3) The City Council directs the City Administrator to mail a copy of the plan to the State Water Quality Control Board along with a letter of transmittal explaining the purpose and intent of the plan. On motion of Councilwoman Billig, seconded by Councilman Jorgensen, and on the following roll call vote: AYES: Councilmembers Billig, Jorgensen, Bond, and-'Mayor Cooper NOES: None ABSENT: Councilman Dunin R 409. Resolution No. 4091 Sewer Service Plan Page 2 the foregoing resolution was passed and adopted 1980. ATTEST: Cit erk, J. H. Fitzpatrick Approved as to form: City Attorney, George Thacher drs 1/17/80 5th day of February t / 1 n R. Cooper Approved as to content: City Ad ative 0 'te'r 05� Community D t elopmen epartment TABLE OF Cf MNF,) A. Purpose .. ..............................1 B. Services Affected By This Plan ......... 1 C. Service Area Population ................1 D. Sewage.Treatment Service Area ........ -.1 E. Allocation and Phasing Of Service ...... 3 F. Conditions of Providing Service ........ 3 G. Emergency Sery ice........................5 H. Amendments .............................7 I. Sewer Service Fee ......................7 Exhibit "A" - Sewage Treatment Service Area ...... 2 Table "A" - Service Priorities And Phasing ....... 4 Exhibit "B Service Priorities and Phasing.....6 A. PURPOSE The purpose of this service plan is to outline.how the City of San Luis Obispo wial meet state and federal requirements for making sewage treatment service available within the adopted service area. It is the goal of the City to maintain and promote good water quality within this area. At the same time the provision of treatment services shall support (l) the orderly implementation of the City's General Plan, and (2) efficient management of land resources in and.surrounding San Luis Obispo. Provisions of this plan are aimed at meeting state and federal require- ments and supporting the City's general plan growth management policies and the state -wide Urban Development Strategy. (,published by the govenor's office in 1978): .B; SERVICES AFFECTED BY THIS PLAN Provision of .this plan shall apply only to the use of the City's wastewater treatment plant on Prado Road. The use of this facility must be made avail- able to the projected population within the service area on a fair and equitable basis. This plan does not require the City to install sewer mains, pump stations; or any other transmission facilities within the service area. No other City service or utility is constroled by this plan. For the purpose of meeting state requirements, population projections within the service area have been made for the year 1987. The City will make sewa9e treatment service available to a service area population of 48,353 by 1987. Service to population which exceeds that required for grant eligibility will be provided on a fair and equitable basis. In all cases provision of service to presently unincorporated areas must be consis- tent with all provisions of this service plan. l.. LOCATION: The location of the service area is shown on Exhibit "A" attached to this plan and included by reference. 2. BOUNDARIES: Boundaries of the service area are.as shown on Exhibit "A ". The responsibility for determining the precise loca- tion of the service area boundaries lies with the City Council of San Luis Obispo. 3. AMENDMENTS: Changes to the service area must be approved by the State Regional Water Quality Control Board and by the City of San Luis Obispo. -I- .R City Of Sai1US OBISPO IIIIIIIIIIIIIIII� II Department , - Community Development I I 990 Palm Street) Post Office Box 321 San Luis Obispo, CA 93406 805/541 -1000 1 � , nVin U A � � O I!I f i OpJ� 6alIBIT "A" - SEWAGE TREATMENT SERVICE AREA -2- 44 Ill ,i 4. EXCLUDED COUNTY AREAS: Land uses outside the service area boundary will not be eligible to receive sewage treatment services from the.City during the grant period. E. ALLOCATION AND PHASING OF SERVICE The total projected service area population during the next 17 years (the grant period) is estimated at 57,500. The distribution of this population will be guided by the City's General Plan and growth management policies. For purposes of this plan, Table "A" and Exhibit "B" (attached and included by reference) shows how population will be distributed within the service area. Table "A" also shows the sequence in which sewage treatment service is expected to be made available to the service area population. As shown on Exhibit "B" it is not the City's intent-to provide sewage treatment services to open space, agricultural, or rural industrial or rural residential land uses within or outside the service area. By definition (reference the San Luis Obispo 1977 . General Plan Land Use Element) these uses do not require treatment services. When service is provided to industrial or commercial land uses, the City shall calculate the population equivalent of providing service. For purposes of meeting the provisions of this plan the "population equavalent" will be calculated at 20 people per acre or (when the actual empl.oyment levels can be determined) a per capita waste factor of 92 gallons per day, whichever is greater. I "n no case shall the City agree to provide sewer treatment service where said provision will exceed the treatment capacity of the wastewater treatment plant on Prado Road. For purposes of this plan, the capacity of the plant is established at 50,824 population equivalent. Service will be made available from the.date that modifications to the City's treatment plan are complete. F, CONDITIONS OF PROVIDING SERVICE Provision of sewage treatment services shall be subject to the conditions of service described below and on Table "A ", attached and included by reference. All conditions of service must be met before service is made available. 1. ANNEXATION: Sewer treatment service will be made available to urban land uses within the service area only after the affected area has been annexed to the City. For purposes of this plan, the City con- siders urban uses to be: -3- nFavt RtniPS PbPlfl ATIO11 Rum Coun als(1) GROUP al - Urban Areas in Existing 45,600 None City Limits - Cal Poly University 3,000 None - County Airport 500 None (2) SUBTOTAL 49,107- GROUP #2 a- Minor Residential Expansion 700 "PD" Prezoning (3) Areas Annexation b- Major Residential Expansion 5,000 Water (4) Areas. Sewer Plant (5) Adopted Spec. Pln.(6) Annexation SUBTOTAL 54,800 GROUP #3 - Service Commercial /Light 1,400 Water (4) Industrial & Tourist Sewer Plant (5) Commercial Expansion Prezoning Areas Annexation SUBTOTAL 56,200 GROUP *4 - Other Lands Reserved for 1,300 Water (4) Potential Urban Use. Sewer Plant (5) Adopted Spec. Pln:(6) Annexation. TOTAL MAXIMUM SERVICE AREA 579500 POPULATION BY 1997 NOTES (1) General Plan Consistency:'In all cases, new land uses established within the service area must be consistent with the City's adopted General Plan, subdivis- ion and zoning regulations in order to receive sewage treatment service: (2) Sewage Treatment Service: to the County Airport on Highway 227 is controled by the "Sewer and Water AGreement" between the City and County, dated November 7, 1977 or the agreement that may be amended from time to time. (3) "PD" Prezonin Before minor residential areas are annexed to the City, they will be prezoned to residential "planned development ". Procedures spelled out in the City's zoning regulations and appropriate sections of the Calif- ornia government code will be followed. (4) Additional 'dater Supply: Prior to annexation and development of major residentia or service conmercial expansion areas, supplemental water resources must be on -line. This means that the City shall have done all things necessary to bring additional water to the City (eigher from Nacimiento Lake or from the costal - branch of the California Acqueduct). (5) Sewa a Treatment Plant: The service capacity of the City's treatment plant is 50,824 kpopulation equivalent)_ The City will not commit to serving more than 50,824 people the service capacity of the plant has been expanded. (6) Specific Plan Required: Prior to further subdivision or urban development in future areas, a specific plan will be prepared. The plan will meet the requirements of the California Government Code. Both the City and the County governments will jointly be responsible for preparing and adopting these specific plans. -4— \ I a. Any housing unit located on a parcel of land which is less then ten (10) acres ; or b. Any commercial or industrial use which is developed on a parcel of land which is less than five (5) acres in area or is expected to have an employee density of three (3) people per acre or greater. Annexation of "land to the City must (1) follow the procedures of- and be approved.by the County Local Agency Formation Commission, (2) meet all prerequisits and be consistent with the City's General Plan, and (3) meet other City requirements. There are two exceptions to plan. The City will provide Polytechnic,-State University located on Highway 227. the provisions of this section of the service sewage treatment services to the California and to the San Luis Obispo County Airport If septic systems fail for land uses in surrounding unincorporated areas, the City may choose to make sewage treatment service available providing all of the following conditions are met: The land use to be served is within the sewage treatment service area ('see Exnibit "A "). 2. The land use to be served is clearly consistent with the City's General Plan Land Use Element and any adopted specific plan.. 3. The continuation of the use to be served will not circumvent the intent of City plans and policies, cause significant environmental impacts, or threaten the health , safety, or welfare of the community residents. 4. The property owner agrees to make any necessary changes to the land use to meet City land use, construction, and improvement standards. The City considers an "emergency" to be the failure of an existing septic system in unincorporated portions of the service area which (1) is creating a significant health problem, and (2) cannot be feasibly repaired to correct the problem. The property owner will be required to demonstrate to the City the significance of the problem and the infeasibility of repairing the existing septic system. It is not the intent of this section to offer treatment services as an alternative to on -site septic systems in rural areas. -5- �Illi,�u�P ����I����I���I����r��glllhll�� lllll� city of San US OBISPO II Department , 'Community Development 990 Palm Street/ Post Office Box 321 San Luis Obispo, CA 93406 805/541-1000 ja z If, I 9' Z�.Njl . . iZ a. 1� 2b 2b 4, iZ a. 1� T "2 2a J. EmIBIT "B" — SERVICE PRIORITIES AND PHASING -6- 2b 4 T "2 2a J. EmIBIT "B" — SERVICE PRIORITIES AND PHASING -6- H. AJ`'E1OUTS TO THE SERVICE PLAN The California Water Quality Control Board, and the City 'Counci'l of San Luis Obispo may initiate amendments to this service plan. Changes to the plan must be reviewed and approved by both the City and the Water Quality Control Board before they can take effect. I, SEWER SERVICE FEES The City Council of San Luis Obispo will establish by ordinance, a fee to be charged to all incoming users of the.City's sewage treatment system. The purpose of the fee will be to recover the costs incurred by the City furnishing service to the incoming agency or area. In determining reasonable costs and charges, the city will consider the following 'items: 1. The amount of hydraulic flow (both peak and average) from the incoming agency or area. 2. The strength of the waste to be treated (BOD, COD, etc.) from the incoming agency or area. 3. Special characteristics of the waste (is it toxic and liable to cause plant upset or require additional treatment facilities for adequate treatment) from the incoming agency or area. 4. The original costs, interest paid to date, remaining life and grant funded portion of existing facilities. 5. Capacity of grant funded facilities allocated to the incoming agency or area. 6. Costs of treatment and conveyance, indluding both capital costs and operation and maintenance costs. -7- ENVIRONMENTAL DETERMINATION FOR 1980 SEINER SERVICE PLAN (ERC 1 =80) PREPARED BY: COMMUNITY DEVELOPMENT DEPARTMENT JANUARY, 1980 \ I A, DESCRIPTION OF THE PROJECT - SD ER SERVICE PLAN The federal government has required the City of San Luis Obispo to make changes to its sewer treatment plant on Prado Road. The purpose of these changes is to improve the quality of the effluent discharged from the plant. To help pay for changes to the plant, the City has applied for a federal grant. If the City receives the federal grant money the state and federal government will require that sewage treatment service be made available to a certain number of people within an adopted service area (see Map #1, attached). The purpose of the Sewer Treatment Plan is to outline how the City will meet state and federal requirements for providing treatment service. The principal features of the plan are noted below: - The City will agree to designate its sewage treatment plant on Prado Road as a "regional facility ". This means that the City will make sewer service available to 48,353 people within the service area by 1987. Service to additional people in the area will be made on a fair and equitable basis. - The City will require certain things to happen before.sewer services are made available to areas now outside the city limits. These "conditions" are listed on page of the plan report and include: • All land uses that are provided sewer treatment services must be consistent with the City's General Plan. • All land areas that are provided sewerage treatment services must first be annexed to the City. • A Specific Plan must be prepared for all major land areas that desire sewer treatment services before the area is annexed. • A planned development zoning application must be prepared for all minor land areas that desire sewer treatment services before.the areas are annexed. • The City must have additional water supply before any major land areas are annexed to the existing urban area. - The City will agree to provide "emergency" treatment service to land uses outside the corporate limits if their septic system fails. The out -of -city customers must be within the service area and certain other conditions (described on page of the plan) must be met.. B. EINI RONPOfAL CONSEQUENCES OF THE PROJECT If the City Adopts the Sewage Service Plan (and accepts the Federal Grant) i't means that sewage treatment services will be made available to at least 48,353 people within the service area. To meet the requirements of the State Water Quality Control Board, the City may have to provide sewer treatment service to even more people.- up to 50,084 which is the-service capacity of the treatment plant. This is 15,800 more people then currently live in the community and repre- sents a 45% increase in the City's population. If the City population grows will also grow. New housing urba.0 and uses are built on (as opposed to septic tanks) provision of sewage treatmen growth to occur. by 45% or more, the urban are of the City and commercial areas would be built. Because small lots, municipal sewer treatment service are necessary. Therefore, the City's t services will enable future population In summary, the most direct effect of the City's adopting the Sewer Service Plan is that it will commit the city to accomodating population growth in the future. Indirect impacts of the project include the adverse changes to the City's environment that will result from future development projects. C, RELATIONSHIP OF.SERVICE R AN TO OTHER PLANS AND ENVIRONMENTAL DoCUMEws_ The Sewer Service Plan is consistent with the City's General Plan Land Use Element adopted in January 1977. The element shows how land should be used in and surrounding the City for the next 20 to 30 years. It establishes an Urban Reserve.Line which incompasses the tame area shown within the proposed sewer service area. The Land Use Element points out potential growth areas of the City and spells out the things that need to be done (such as secure.more water) before major areas can be annexed to the Community. ' The Land Use Element is the principal document that deals with growth of San Luis Obispo. It includes policies which are intended to both guide and control how large San Luis Obispo should become in the future. Before. the Land Use Element was adopted, an EIR was prepared by the city staff and certified by the City Council. The EIR talked about the environmental effects of expanding the City. A copy of this EIR is attached for reference. A separate EIR has been prepared which evaluates the physical impacts of making the changes to the sewage treatment plan required by the federal government. This EIR was certified by the City Council in 1976 as accurate and complete. D, DIRECTORS DETERMINATION. The primary environmental effect of adopting the Sewer Service Plan is. that of accommodating future population growth of the City. Future City Growth was a topic addressed by the General Plan Land Use Element. The impacts of future growth and development were discussed in the final. EIR for the Land Use Element. i The City's environmental guidelines say that a new prepared if the environmental impacts of the.project addressed in a previous EIR. I find that the EIR for General Plan Land Use Element adequately addressess implementing the proposed Sewer Service Plan. EIR need not be are adequately the City's 1977 the impacts of DATE: ASV 9, 1�4s(y >��1 Henry Engen# Director,,, Department of Community Development Recording Requested By: CITY OF SAN LUIS OBISPO When Recorded Please Return to:' CiTty Cl E s OFFICE City of San Luis Obispo P.O_ Box 321 DOC. NO. 5867 OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL FER11 1980 WILLIAM E. ZIMARIK COUNTY RECORDER TIME 3 . !o PV� � 16 6973 RESOLUTION N0.4090 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF LORRAINE TERRACE IS UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. In accordance with the public hearing duly held this date pursuant to C, Division 9, Part 3, Chapter 2 of the California Streets and Highways Code and Resolution No. 4061, this Council finds and determines that the cross - hatched portion of Lorraine Terrace shown and described on Exhibit "A" map attached hereto, and incorporated herein, is not necessary for present or prospective public street purposes and said portion is hereby ordered abandoned, dubject to the reservation of the following easements: None. 2. The City Clerk shall cause a certified copy of this Order of Abandonment to be recorded in the San Luis Obispo County Recorder's Office. On motion of Councilwoman Billig , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5th day of February , 1980. ATTEST: CITY Z TZPATRICK R 4090 VOL 2221r,c1: 39 son eOUCA! Resolution No. 4090 Approved: I City Adm' strat ve Officer City�Attorney Director of "Community Development ayne terson G:i,% 6.%j„nt%• (1980 Series) VOL 2221 i 5GE `�® NECOMErS MEMO- LOSOMY of W-0 Typl.g or p a a UIASATRSFACTOW In dds vibm I ('T 7 15 7 F 7T 17 14 1 1 L %L 14 �'RO 1 � ) y;. � t fig Sp Zo 13 /9/r ND Of DO VOL 2221PIGE 41 C RESOLUTION NO. 4089(1980 Series) /�. ` A-0 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR STATE CONSTRUCTION ENGINEERING SERVICES ON THE S.O.S. STREET RECONSTRUCTION PROJECT (CITY PLAN NO. C -14) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Agreement No. 5198 -V between the City of San Luis Obispo and the State of California, attached hereto, is hereby approved. SECTION 2.. The Mayor is authorized to execute the agreement documents on behalf of the City, and the City Clerk is directed to forward two executed copies of the agreement and a certified copy.of this Resolution to W. W. Evans, Assistant District Local Assistance Engineer, California Department of Transporation, P.O. Box L, San Luis Obispo, California 93406. On motion of Councilman Dunin , seconded by Councilwoman Billie , and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th- day of February 1980. MAYOR LYNN R. COOPER ATTEST: CITY t J.I. FITZPATRICR R 4089 ,r Resolution No. 4089(1980 Series) APPROVED: City A strative Officer City Attorney ity En eer 0.5- SLO -O -SLO SOS - 0079(002) Agreement No. 5198 -V Sheet 1 of 6 THIS AGREEMENT, made and entered into on this day of r 19 - , by and between the City of San Luis Obispo, a body politic and a municipal corporation of the State of California hereinafter referred to as "LOCAL AGENCY ", and the STATE OF CALIFORNIA, acting by and through the'Department of Transportation, hereinafter referred to as. "STATE ". WITNESSETH WHEREAS, LOCAL AGENCY contemplates improvement of various city streets as shown on Exhibit_ A attached hereto, and by this reference made a part of this agreement, hereinafter referred to as "PROJECT "; and WHEREAS, LOCAL.AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGENCY; and WHEREAS, LOCAL AGENCY AND STATE desire to specify herein the conditions under which State services are to be provided for and financed. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: 1) To perform the following engineering services as authorized by Section 822.5 of the Streets and Highways Code. A) Provide construction engineering services, by furnishing the resident engineer and construction inspectors. B) Provide materials testing service, including source inspection, for construction phase of PROJECT. 2) Prior to commencement of engineering wor-k'by STATE personnel_, to establish a special account to accumulate all related expenses and charges for all work performed on behalf of LOCAL AGENCY pursuant to this Agreement. 3) Immediately following execution of this Agreement, to submit to LOCAL AGENCY, billing in the amount of $3,886.00 which figure represents LOCAL AGENCY'S advance deposit to finance 1� the total estimated cost (less anticipated Federal Reimbursement) of engineering services to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement (the estimated total cost of engineering services is $8,760.00) Additional progress billing by STATE will be submitted to LOCAL AGENCY in amounts of $1,000.00 at such times as work performed by STATE in behalf of LOCAL AGENCY will exhaust said prior deposited funds. 4) Upon completion of the PROJECT to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the services provided pursuant to this Agreement. SECTION II LOCAL AGENCY AGREES: 1) To do all work necessary for the successful completion of the PROJECT except for that work which STATE has agreed to perform in SECTION I of this Agreement or by separate agreement. 2) To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $3,886.00, which figure represents the total.estimated cost (less anticipated Federal Reimbursement) of engineering services (the estimated total cost of engineering services is $8,760.00) to be performed by STATE on behalf of LOCAL AGENCY pursuant to this Agreement and make progress payments to STATE within 14 days of'LOCAL AGENCY'S receipt of billing therefor, amounts of $1,000.00, said billing will be submitted by STATE to.LOCAL AGENCY as defined hereinbefore in Section I,. Article (3). 3) Upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinbefore, required to complete LOCAL AGENCY'S cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on.behalf of LOCAL AGENCY as defined herenbefore in Section I, Article (4) will be determined upon completion of all such work and final accounting of all related charges, and shall be a sum of the following: a) Salary costs computed in accordance with STATE'S standard accounting procedures. b) Travel and per diem expenses including charges for the use by such employee of STATE vehicles, if required in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. c) Functional indirect and administrative overhead costs computed in accordance with STATE'S Accounting Manual Chapter 11, Table 6 -2. SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1) That, LOCAL AGENCY may, at any time, or for any reason, - terminate STATE'S services immediately and shall notify STATE in writing of such termination. 2) That LOCAL AGENCY will.indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from the performance of any services by STATE personnel within the scope of this Agreement. 3) That should any portion of the project be financed with Federal Funds or Gas Tax Funds, all applicable procedures and policies relating to the use of such funds apply, notwithstanding other provisions of this Agreement. n IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. STATE OF CALIFORNIA Department of Transportation ADRIANA GIANTURCO Director of Transportation By Contracts Officer CITY OF SAN LUIS OBISPO By AM R. COOPER Mayor Lynn R. Cooper Attest a!J H FITZPATRICK City Clerk J.H. Fitzpatrick STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY - EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION _ P.O. BOX L, SAN LUIS OBISPO 93406 ° TELEPHONE:: (805) 5493111 January 25, 1980 05- SLO -O -SLO SOS - 0079(002) Various City Streets Mr. Wayne Peterson, City Engineer City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Dear. Mr. Peterson: Attached for execution by the authorized city officials, are the original and three copies of the cooperative agreement between the State and the City covering the furnishing of State personnel for construction engineering on the above - referenced.project. After execution by the city officials, please return the original and two copies, attaching to each a copy of the authorizing resolution for further handling. A fully executed copy will be returned'for your files. Sincerely, W. W. Evans Assistant District Local Assistance Engineer Attachment RESOLUTION NO. 4088 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A PROGRAM SUPPLEMENT WHICH SPECIFIES FEDERAL FUNDS AVAILABLE FOR S.O.S. STREET RECONSTRUCTION (CITY PLAN NO. C -14) 4Pj. A/L BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Program Supplement No. 2 to Local Agency -State Agreement No. 05 -5016, attached hereto, is hereby approved. SECTION 2. The Mayor is authorized to execute the Program Supplement documents on behalf of the City, and the City Clerk is directed to forward two executed copies of the Program Supplement and a certified copy of this Resolution to W. W. Evans, Assistant District Local Assistance Engineer, California Department of Transportation, P.O. Box L, San Luis Obispo, California 93406. On motion of Councilman Dunin , seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of February , 1980. ATTEST: CIP0ZrtRKj.11. FITZPATRICK n ,1... COOPER R 4088 i" Jr Resolution No. 4088 (1980 Series) APPROVED: /zx� City Administrati a Officer City Attorney ity En ineer c -,ocal Agency .San Luis Obispo _--jate November 7, 1979 Supplement No. 2 To Local Agency -State Agreement No. 05 -5016 Federal Project No -SOS- 079(21 P R O G R A M OF LOCAL AGENCY FEDERAL AID SAFER OFF- SYSTEM ROADS PROJECTS In The CITY OF SAN LUIS OBISPO Local Agency Pursuant to the Federal -Aid for Safer Off - System Roads Act, the attached "Program" of Federal Aid -for Safer Off- System Roads Projects marked "Exhibit B" is hereby incorporated in that Master Agreement for Federal -Aid Program which was entered into between the above named CITY and the STATE on June 22,1978 . and is subject Ito all of the terms and conditions thereof. The subject program.is adopted in accordance with Para- graph 2 Article II of the aforementioned agreement under auth- ority of CITY Resolution No. 4088 approved by the.CITY. Council on February -5. 1980 (See copy attached) . Approved for State District Director of Transportation District 05 Date Department of Transportation City of San Luis Obispo Local Agency By SILYNN R. COOPER - - Title Mayor Lynn R. Cooper Attest a/J H. FITZPATRICK Clerk J.H. Fitzpatrick I hcrcb•, Csrtify cro❑ m yarn '. ,:o:r, ;:: Iti C:� bUJy °_Sc`G� runes •7.'e evoilc Ee for this e ^com:.,anr DH -OLA -270 C?rcpt ^r! s'Cr: .I , V I `i i r`i 19-0 Irma rr<, r 1a ea 3_0� 3 aroso 0 69 r �r r' N ro d U 0)+J N i N LU C aJ 4.J O _0 N O N 4� ON m N C. 4-3 0 N N N �+ 3 c r. •r 1p kD w -1 N t •r M ^ S- .� 7 •r 4 N o, 0) r IT m J 7 ?1 Ir•TI GJ +-+ N l0 .ro N L •3 U y tC. a� N X T LA- v 4 b Si 4J ro N d 0- E W V) .--1 R O 4- d r `/ r � N c� 44 LU GY ko d/ W •O C U ~ O ••Or .� c O V LT } LO LO G) V n i > r 4J 7 ro 43 ro N M LT a 0 E N 0 r-L S- N LL N ••- i%) Ln d 41 0) 7 > U U ro r•-1 y J7 C ^'� ++ N �! Ln i J UJ •r N to O) i r O, M . ry 4J r Ur Q C +•1 7 r r ro r 3 3 cn U N V C C 7 4J -0 0 N N 4- r0 .r,- rJ N C L -0 •) 0 V) - - •r ro 4J c. O LLi N H cc 7i a E4JN U N O•r i i 4=d LU E'. O 0 •r c r0 S. U i C) 7 N ro U ro N d' •r ro LL S- Q (1) r6 r0 d 3 is M •r c •k•) ro-0 r 1= 0 4- Ln 16 iL N 4J r0 C ++ LU to ++� LL O p L i O N LL. L U L W U C) N U a) 4- '0 t['7 i O Q' O Q) U e--i M i N= O LL C. O ro Uv U •� lW-- z O LA .N ma -0 N O O w ^ 4+ L E 4J C >- Z aJ 7 >, V) Q) N N -0 ro C LL _ �. ~ 1 L r 4-J E fl-•r 2. L.L Z U 4J 4J c •r a Q O • d E Si L O C F- -W+� � J O W C) ¢ ro O r N C� Luu- d U C) SS- O Q 4J C r N '3 LL 4? r_ 4h fll O N N N I= N 4J r Ln i N ro U N U C N Z a • S- W o) 3 m C N r..r r 0) N •r J � L d0 O•r >,E C •r i� CL O r a J O 41 7 0-O C Q •r Q V) •r __ 41 1 -0 LL to M >, N 4- W E O Y •r- Q ro N 0 L � S- (A E J r= it D_ LL 0)•r - - CO 0) OJ i 0 _ O 7 r C V •r i ro S- >- 5:., J r CO O S U 3 d U C d r V) J c r6 C 3 r W r N rc0 4- d R c r � V) � O.4L Q N N C r H N a S- •r J E Q Li V) r -P LL N C. U C. N U O d U ro C N a••) 0 ro (L d•Or L J LL 'r t N i L LL 4? 4.J N cla r--.� i1 N Q to ~ L N O U 0 a ro LL U 'D L 0 Or i-r dl 4J i •r O N 0) U r v ro •r s > m % teC S- N O � + O d '� N O O O Gj > C 4J 0-0 S.. C ro C O. Q 4N O z O +J d ro dN 3 ro •r ro -0 V) '3 ro 1 0 +J S•. N N ro d r• +J ro a-? O N .0 +J a- r U U U -0 LO > L +-' O c, O ror ro C +J 4J 7 4= i 4- S- S- 0 c 4� -, 4� > p U > C 4- O 0) E O L3J C S_ c 0 N c O rO O 4= r- ro •, L O LL O ^-=r U r 4J+)U�U S. d N ro U n - r-• b N W FJ U d # 10 7 > W S_ ro •r ���. �. Cl • c C..O C. 0) C 4- •r ro .0 U 4J p V) .- rO }J -0 O.rv� ro L O CL N N p N d S- S1 a L N 0 L ro ro'LJ O N E. CL �I Date. November 7, 1979. _ Federal -Aid Project SOS - 079(2) Program Supplement° No. 2 Local.Agency: City of San Luis Obispo SPECIAL COVENANT for use of Item 169.1 Funds to match Federal Bridge Replacement, Highway Safety and Safer Off- System Funds. Funds required to match Federal Highway Funds in the project will be provided by the State as authorized by Item 169.1 of the Budget Act of 1979 and allocated by the California Transportation Commission. In the event Item 169.1 funds less than the amount shown are required as a result of a low bid, the excess will be returned to the statewide reserve. In the event Item 169.1 funds greater than the amount shown are required as a result . of a high bid, the required amount may be added subject to the availability of funds and prior to the execut=ion of the Federal -State Project Agreement. Item 169.1 funds will not be available for increased project costs following the execution of the Federal -State Project'Agreement. After completion of the final cost accounting for a project, any unexpended Item 169.1 funds will revert to the Statewide reserve. _ As required by California Transportation Commission Resolution for all recipients of 169.1 funds, the Local Agency shall report to the 'Commission prior to July 1., 1980 the uses made of the 169.1 funds; how the recipient conformed with the uses permitted by the resolution, and how the local agency matching funds that were released were used, OH- OLA -256B 05- SLO -O -SLO SOS - 0079(002) , %greement No. 5193 -V Sheet 1 of 6 THIS AGREEMENT, made and entered into . on. this S day of fG4�.40e+ -x : 19 SAP by and between the City of San Luis Obispo, a body politic and a municipal corporation of the State of California hereinafter referred to as "LOCAL AGENCY %. and the STATE OF CALIFOMMIA, acting by and through the Department of Transportation,, . hereinafter referred to as "STATE ". WITNESSETH WHEREAS,, LOCAL AGENCY contemplates improvement of various city streets as shown on Exhibit A attached heretor and by this reference made apart of this agreement, hereinafter referred to as "PROJECT "; and MMRZASr LOCAL AGENCY has requested and STATE is willing to furnish engineering services for said PROJECT provided all costs incurred by STATE on behalf of LOCAL AGENCY are borne at the expense of LOCAL AGMCY; and WIMREIS, LOCAL AGENCY AND STATE desire to specify herein the conditions under which State services are to be provided for and financed. iu0i +, i'iMR FOi2E, in consideration of the covenants and conditions herein contained, the parties hereto agree as follows: SECTION I STATE AGREES: T+ .1) To perform the following engineering services as authorized by Section 822.5 of the Streets and highways Code. A) Provide construction engineering services, by furnishing the resident engineer and construction inspectors. B) Provide materials testing service, including source inspection, for construction.phase of PROJECT. 2) Prior to cormt►encement of engineering work by STATE personnel, to establish a special account to accumulate all related expenses and charges for all work per - formed on behalf of LOCAL AGENCY pursuant to this Agreenent. 3) I mediately following execution of this Agreements to sub,-ait to LOCAL AGMICY, billing in the mount of $3,886.00 which figure represents LOCAL AGENCY'S advance deposit to finance the total estimated.cost (less anticipated Federal Reimbursement) of engineering services to be-perforf:ed by STATE on behalf of LOCAL.AGENCY pursuant to..this Agreement (the estimated total cost of engineering services Is $6,760.00) Additional progress billing by STATE will be submitted to LOCAL AGENCY in amounts of $1,000.00.at such times as.work performed by STATE in behalf of LOCAL AGMICY will exhaust said prior deposited funds. 4) peon completion of the PROJECT -to furnish LOCAL AGENCY with a final detailed statement of the accumulated costs, identifying actual hours worked and related expenses in connection with the-services provided pursuant to this Agreement. SECTION II LOCAL AGENCY AGREES:. 1) To do all work necessary for the successful completion of the PROJECT except for that work which STATE has agreed to perform in SECTION I of this Agreement or by separate agreement. 2) To deposit with STATE, in advance and within 14 days of receipt of billing therefor, the amount of $3,3L'6.00, which figure represents the total estimated cost (less anticipated Federal Reimbursement) of engineering services (the estimated total cost of engineering services is $8,760.00) im to be performed by STATE on behalf of LOCAL AGENCY pursuant to this A reeuent and make progress payments to STATE within 14 days of LOCAL AGENCY'S receipt of billing therefor, amounts of $1,000.00, said billing will be submitted by STATE to LOCAL AGENCY as defined hereinbefore in Section I. Article (3). 3) upon completion by STATE of all engineering services performed on behalf of LOCAL AGENCY and upon receipt of a detailed statement and billing therefor, to reimburse STATE promptly, any amount over and above funds deposited by LOCAL AGENCY as defined hereinbefore, required to complete LOCAL AGENCY'S cost pursuant to this Agreement. Actual cost to LOCAL AGENCY for work performed by STATE on behalf of LOCAL AGENCY as defined hereinbefore in Section I, Article (4) will be determined upon completion of all such work and final accounting of all related `charges, and shall be a sum of the following: a) Salary costs computed in accordance with STATE'S standard accounting procedures. b) Travel and per diem expenses including charges for the use by such employee of STATE vehicles, if required in accordance with rates set up by the State Board of Control Rules under Title 2, Section 706. c) Functional indirect and adninistrative overhead costs computed in accordance with STATE'S.Accounting Manual Chapter 11, Table 6-2. SECTfON III IT IS_ 4IUTUALLY UNDEP.STOOD . AriD- AGREED: -1) That, LOCAL AGENCY away, at any time, or for any reason, terminate STATE'S services immediately and shall notify STATE in writing :of such termination. 2) That LOCAL AGENCY will indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any :manner from the performance of any services by STATL personnel within the scope of this-Agreement. 3) That should any portion of the project be financed with Federal Funds or Gas Tax Funds? all applicable procedures and policies relating to the use of such funds apply, notwithstanding other provisions of this Agreement. I14 WIVj:&SS jrjjEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective- as of the day, month and year first hereinabove written. STATE OF CALIFORMNIA - Department of Transportation ADRIAriA GIANTURCO Director of Transportation By �� Contracts O facer BOB HAMESS CONTRACT OFHCER CITY OF SAN LUIS OBISPO Attest Ly �, erj-z ^ltzpatrick "FSOLUTION NO. 4087 (MO Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND JOINT POWERS OF SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS. 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 Joint Powers of San Luis Obispo County Area Council of Governments to amend the Joint Powers Agreement to include the City of Atascadero. 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: SLO Council of Governments. On motion of Councilman Dunin , seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing.Resolution was passed and adopted this 5th day of February , 1980. ATTEST: CITY . FITZPATRICK R 4087 RESOLUTION NO. 4087 (1980' -aeries) APPROVED: City Adm i t v Offi City Attorney JOINT POWERS AGREEMENT FOR SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS THIS JOINT POWERS AGREEMENT is made and entered into this day of 19 by and among such of the.incorpo rated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover City, Morro Bay, Pismo Beach, and San Luis Obispo, all. being municipal corporations of the State of.California and located within the boundaries of the County of San Luis Obispo, California, as may execute this Agreement, hereinafter called "CITIES, and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of Californ -ia, herein- after called "COUNTY," as follows: WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties, subject to certain mandatory provisions contained therein; and WHEREAS, the City of San Luis Obispo by virtue of its charter, and the other .incorporated cities in the County, parties hereto-, by virtue of Sections 65600 through 65604, inclusive,.of the California Government Code have the joint and mutual power to create an area planning commission, herein designated "San Luis Obispo County Area Council of Govenments and WHEREAS, COUNTY and CITIES did, in 1968, jointly execute an agreement establishing such a planning council and now wish to amend.and supersede the same; and JOINT POWERS AGREEMENT Page 2 WHEREAS, Section 29532, California Government Code, provides that such a council of governments shall be designated the regional transportation planning agency to act in matters of transit and transportation planning; and WHEREAS, it is desirable that a single agency be created by and with the consent of CITIES and COUNTY to advise, plan for, and suggest solutions to common problems;.assist in the prepara- tion of plans and programs by utilizing planning talents and general plans of the various governmental jurisdictions in the County and of experts in various other fields and to coordinate their efforts; and WHEREAS, creation of such an agency and action by it upon certain plans and programs is necessary to comply with require- ments of federal and state legislation in order to participate in the allocation and disbursement of State and Federal funds which may be desired by COUNTY and CITIES in the implementation of plans and programs which have been adopted and approved by their respective governing bodies; NOW, THER.EFORE., it is agreed as follows: I. PURPOSE The San Luis Obispo County Area Council of Governments is organized for the permanent establishment of a forum for planning, discussion and study of area -wide problems of mutual interest and concern to COUNTY and to CITIES; for the development of studies and adoption of regional.plans; to serve as a regional agency for certain federal and state programs; and for other actions commensurate with the desires of the member governments. \_ J JOINT POWERS AGREEMENT Page 3 II. POWERS The San Luis Obispo County Area Council of Governments, hereinafter called "SLO COG," is hereby created as a voluntary agency pursuant to applicable provisions of the California Government Code with the power to carry out the purposes herein- above stated and to implement the annual work program approved by COUNTY and CITIES, including the power to contract for goods and services, to provide for employment of necessary personnel, experts and consultants; to accept gifts; loans,, grants; and to administer the affairs of the SLO COG hereby created in accord- ance with this Agreement. Pursuant to Section 6508.1, California Government Code, it is hereby declared by COUNTY and CITIES that the debts, liabilities and obligations of the San Luis Obispo County Area Council of Governments shall not be the debts, liabilities and obligations of any of the parties to this Agreement, except as otherwise provided herein. III. NAME The official name of the Organization hereby created shall be the "San Luis Obispo County Area Council of Governments.." IV. MEMBERSHIP 1. Membership in the SLO COG shall be voluntary, but only the County of San Luis Obispo and all cities incorporated in the County of Sari Luis Obispo presently or in the future, are declared eligible for membership in the SLO COG. 2. Representatives of the COUNTY and CITIES shall be appointed to serve on the SLO COG in accordance with procedures JOINT POWERS AGREEP,IENT Page 4 established by each of the governing bodies of the member agencies. Representatives to the SLO COG shall consist of the five members. of the Board of Supervisors of the County of. San Luis Obispo from time to time in office and of one additional member from the governing body of each incorporated city within the boundaries of the County of San Luis Obispo which is a party to this Agree - ment, with each incorporated area being limited to one representa- tive. Representatives shall serve so long as they hold office with their member agency or until they shall resign or be.removed by a majority vote of their respective governing bodies. Vacancies among representatives shall be filled in the same manner as the first appointment. 3. Member agencies.may elect to have an alternate member in addition to any official member, but said alternate shall be able to vote only in the absence of the official representative. 4. Designation of the official representative or alternate., or changes thereto, shall be transmitted in writing to the Secretary of the SLO C.OG'.by the appointing city or the county. 5. In addition to the incorporated cities presently a party to this Agreement, any other city which may hereafter be incorpo- rated within the boundaries of the County of San Luis Obispo and which may desire to participate in the activities of the SLO COG may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement and shall thereafter be governed by all the terms and provisions of this Agreement .as of the date of execution. JOINT POWERS AGREEhr,;NT Page 5 6. membership shall be contingent upon the execution of this Joint Pourers Agreement and subsequent annual ratification by all agencies party to this agreement. V. OPERATION 1. The powers of the San Luis Obispo County Area Council of Governments are advisory to the member agencies which execute this Agreement except for those actions mandated by.State.or Federal law for the processing of applications submitted by any of the member agencies for Federal and State grants or funds which require action by the SLO COG. Nothing herein shall be construed to limit in any manner the power of any of the parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the SLO COG may have the effect of precluding any favorable action by an agency of the State or Federal government in support of such a project if other than local financing is sought, as determined by the respective State or Federal agency under .law, regulations and policies applicable to them. 2. Except as otherwise provided herein, there shall be no costs incurred by SLO COG pursuant hereto, other than expenses of its members, which are to be borne by their respective entities, and the cost of services by the officers and personnel of the respective entities to said council, upon approval of such services by the governing bodies thereof, shall likewise be borne by the respective entities. JOINT POWERS AGREE1rL_VT Page 6 All costs incurred by.SLO COG performing functions as the regional transportation agency for San Luis Obispo County as designated by the State shall be paid out of the transportation fund established pursuant to Section 29530, et seq., Government Code as provided for therein. 3. Costs of SLO COG for each fiscal year which are necessary for the ordinary operation of the council, includi -ng but not limited to office space, furniture, supplies and postage; and excepting those functions performed as the regional transportation agency, shall be.borne by COUNTY in an amount approved by the Board of Supervisors in the annual county budget. Extraordinary costs as recommended by the.SLO COG shall be borne by contributions from the member entities as approved by their governing bodies. Costs of all activities undertaken by SLO COG as the regional transportation planning agency shall be set .forth.in the budget as part of the annual work program of.SLO COG and shall be funded from the transportation fund pursuant to applicable state statutes. 4. The annual work-program and budget, when adopted.shall be the basis for operation of SL COG for the fiscal year. Any deviation from the work program not affecting the budget shall be returned to the member agencies for approval. 5. The purposes.of conducting.business, there shall be present a quorum consisting of a majority of representatives, including two COUNTY representatives. No action shall be effective without-the affirmative votes of a majority of JOINT POWERS AGREEMENT Page 7 representatives. However, eight (8) affirmativvotes shall be required for taking any action in the event any agency demands such a vote. The representatives to the council shall adopt such procedures as are consistent with this Agreement and necessary to conduct the business of SLO COG in an orderly.manner. VI.- OFFICERS 1. The officers of the council shall consist of a President and Vice- President elected for a term of one year by a majority vote of member agency representatives to the council. 2. Both the President and Vice - President of SLO COG shall be elected at the May meeting (annual meeting). 3.. The officers shall serve until their successors are elected. 4. The duties of the officers shall be as follows: a. President" 1) Shall preside over all meetings of the council as Chairman. 2) Shall appoint all standing committees. 3) Shall exercise general supervision over all activities of said council. 4) Shall be an ex- officio member of all committees. 5). Shall execute all contracts and legal documents on behalf of the SLO COG. b. Vice - President 1. Shall serve as Chairman pro - tempor in the absence of the President. JOINT POWERS AGREEMENT Page 8 2) Shall give whatever aid necessary to the President in administering of the SLO COG. 3) Shall be an ex- officio member of all committees. 5. In the event of a vacancy occurring in the office of either the President or Vice- President upon said officer's death, resignation, removal or his ceasing to be an official representative of a member city of the County of San Luis Obispo, such vacancy will be filled by majority vote of the SLO COG, the officer elected to serve for the balance of the unexpired term. VII. STAFF 1. The SLO COG shall appoint a Secretary to serve at its pleasure, who will perform the following duties and such others as may be assigned by SLO COG. a. Prepare and submit the annual work.program and budget to the SLO COG for its approval and to the parties hereto for ratification. b. Shall keep an accurate account and file of all meetings. C. Shall disburse all funds in accordance with the policies of the County Treasurer and the County Auditor/Controller and the budget and work program adopted by the SLO COG. d. Shall have charge of all correspondence. e. Shall keep and maintain the reports of the SLO COG on all committees. f. Shall insure that SLO COG renders a written year end report reflecting activities of the preceding fiscal JOINT POWERS AGREEMENT Page 9 year, said year end report to be distributed to each of the participating member bodies. g. Shall be responsible for directing those employees authorized by the SLO COG in the budget. Employees are to be appointed by the SLO COG on the recommenda- tion of the Secretary and to serve at the pleasure of the SLO COG. 2. The Secretary of the SLO COG shall have charge of, handle and have access to any property of the San Luis Obispo County Area Council of Governments. Said Secretary shall file with the SLO COG his official bond in the amount of ONE THOUSAND DOLLARS ($1,000.00) or such other additional amount as may be determined by the SLO COG. VIII. MEETINGS 1. Regular meetings of the SLO COG shall be held at least six (6) times a year or at more frequent intervals as approved by the SLO COG. 2. Special meetings may be called by the President or upon. written request of at least three (3) representatives of the SLO COG. Actual notice of special meetings must be given at least three (3) business days in advance. 3. Meetings shall be open to the public as required by state law. 4. Regular meetings shall be held in the first week of January, March, May, July, September and November. The May.. meeting shall be designated the "annual meeting." JOINT POWERS AGREEMENT Page 10 5. The Secretary of the SLO COG will direct the publica= tion of notices of all meetings pursuant to state law. 6. Only official representatives or alternates shall represent a member of the SLO COG or vote on any motion before the SLO COG.. 7. The meeting agenda shall be prepared by the Secretary to the SLO COG. Agenda material shall be submitted to the Secretary at least twenty -one (21) calendar days prior to the next regular meeting and distributed to members at least fourteen (14) calendar days prior to the next regular meeting to allow member agencies to instruct their representatives on voting direction. Unless authorized by majority vote of the representa- tives at a regular meeting, only agenda items shall be considered by the SLO COG. 8. The SLO COG, at the discretion of the President, may memorialize any of its actions by resolution. 9. Robert's Rules of Order or such other rules as the SLO COG may adopt will govern all proceedings not specifically provided for herein. 10. Executive sessions shall be held in accordance with applicable law. 11. The SLO COG shall hold public hearings for the adoption of Regional Plans. 12. Minutes of all SLO COG meetings shall be kept by the Secretary to the SLO COG and shall be submitted to member agencies. i JOINT POWERS AGREEMENT IX. COMMITTEES 4 Page 11 1. Committees and subcommittees may be established as the SLO COG may deem appropriate. 2. \Membership on committees shall be at the discretion of the President. Nothing herein shall be construed to limit membership on these aforesaid committees to officials of the member agencies. The President may appoint any individual deemed qualified to serve on a committee. Standing committees shall include the Administration Committee, comprised of all managers and administrators of member jurisdictions; the.Legal Committee, comprised of all city and designated county attorneys; the Planning Committee, comprised of all agency planning officials; nominated by their respective agencies; the.Public Works Committee, comprised of al-1 agency engineering officials nominated by their respective agencies; and the Transportation Committee. The SLO COG may organize such other technical advisory committees as it deems necessary to carry out SLO COG functions.. 3. No committee shall commit the SLO COG on any matter or questions of policy. Such matters.or questions can only be decided by the SLO COG. 4. All committees shall receive clerical assistance from the SLO COG staff for the purpose of maintaining minutes of meetings and other such duties as the Secretary may direct. The chairman of each committee shall sign the original copy of the minutes indicating his verification of contents. Copies of minutes of all meetings shall be sent to members of the SLO COG and the Secretary. JOINT POWERS AGREEITENT Page 12 X. FINANCE 1. The SLO COG shall have no power to expend funds on any project for which funds have not been budgeted, nor on any item in excess of the budgeted amount without specific approval of two- thirds of the governing bodies of the member agencies including COUNTY. 2. The Treasurer of the County of San Luis Obispo is designated the depositary, and he shall have custody of all money of the SLO COG from whatever source received. It is further understood that the Auditor /Controller of the County of San Luis Obispo is, as such, auditor of the SLO COG. XI. WITHDRAWAL AND DISSOLUTION 1. The parties to this Agreement pledge full cooperation and agree to assign representatives to serve as official members of the SLO COG or any committee or subcommittee thereof who shall act for an on behalf of their city or county in any or all matters which shall come before the SLO COG, subject to any necessary approval of their acts by the governing bodies of CITIES and COUNTY. 2. Any party to this Agreement may withdraw from the San Luis Obispo County Area Council of Governments and terminate its participation in this Agreement by resolution of its governing body. The withdrawal of the member shall have no effect on the continuance of this Agreement among the remaining members and the Agreement shall remain in full force and effect as respects the remaining members. �1 JOINT POWERS AGREEI1 L'NT Page 13 3. A member withdrawing shall not be l.iable %for the payment of further contributions falling due beyond the date of withdrawal and shall have no right to reimbursement of any monies previously paid to SLO COG, provided,, however, that SLO COG may authorize a reimbursement if in its judgment such reimbursement is fair and equitable and can be done without jeopardy* to the operation of the SLO COG. If any party hereto fails to pay. its contribution,.as determined by SLO COG, said entity shall be deemed to have voluntarily withdrawn from the SLO COG. 4. SLO COG may be dissolved at any time and this Agreement rescinded by a joint agreement executed by COUNTY and CITIES which are parties hereto.. Said rescision Agreement shall provide for the orderly payment of all outstanding debts and obligations and for the return of any surplus funds of SLO COG in proportion to the contributions made. XII. EFFECTIVITY This Agreement shall take effect.upon its execution by the chairman or mayor and clerks of the governing bodies of the County of San Luis Obispo and at least four (4) cities, pursuant to resolutions of such governing bodies authorizing such execution and shall remain.in full force and effect until.dissolved pursuant to the provisions herein. This Agreement may be executed in eight (8) counterparts which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year.first hereinabove.written. JOINT POWERS AGREEMENT CITY OF ARROYO GRANDE By: Date: Mayor Resolution No. Clerk CITY OF ATASCADERO By: Date: Mayor Resolution No. Clerk CITY OF GROVER CITY By: Date: Mayor Resolution No. Clerk CITY OF MORRO BAY By: Date: Mayor Resolution No. Clerk CITY OF PASO ROBLES By: Date: Mayor Resolution No. Clerk CITY OF PISMO BEACH By: Date: lfayo r Resolution No. Clerk Page 14 JOINT POWERS AGREEMENT CITY OF SAN LUIS OBISPO By: S/LM R. CCOPER Mayor Lynn R. Cooper SIJ.H. FITZPATRICK Clerk J.H. Fitzpatrick COUNTY OF SAN LUIS OBISPO By: Mayor Clerk n Date: February 5., 1980 Resolution No. Date Resolution No. Page 15 RESOLUTION NO. 4086 (1980 Series) RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION.OF THE PUBLIC EMPLOYEES'.'RETIREMENT SYSTEM AND THE CITY COUNCIL' OF THE CITY OF SAN LUIS OBISPO. WHEREAS, the Public Employees'. Retirement Law permits the participation of public agencies and their employees in.the Public Employees' Retirement System by the execution of_a contract, and sets forth the procedure by which said public agencies may elect to subject them- selves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolu- tion giving notice of its intention to approve an amendment to said. contract, which resolution shall contain a summary of the change . proposed in said contract; and WHEREAS, the following is a statement'of the proposed change: To provide Section 20024.2 (One -year final compensation), and Section 21263%21263.1 (Post - retirement survivor allowance) both.for local police 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 Councilwoman Billig, and on the following roll call vote: AYES: Councilmembers Dunin, Billig., d, Jo- ense and M yo Cooper NOES: N6ne ABSENT: None (NAME) XYNN R. COOPER ATTEST: MAYOR (TITLE) J. i zpatrick, City Clerk February 5, 1980 (Date adopted and approved) Ret. Form 122 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 Eody) of the City of San Luis Obispo (Name of Public Agency) on February 5 1980 , appearing at Page (Date) Volume EE of the (Minutes) (Official Records) of the Citv Council (Governing Body) CITY ClE7 ?K /) /r J.H. Fitzpatrick - ecretary of the Board _. PER,- CON -12 (11/771 r VDLLC GMPLVYCCb QCLLLC01C11L aY0LCUL Post Office Box 1953 Sacramento CA 95809 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 "ik Section 20024.2 (one year final compensation) (optional benefit) which was adopted by the City Council of (legislative body) the City of San Luis Obispo on �W February 5. 1 99N (public agency) (date) Date: February 5, 1980 s/J.H. FITZPATRICK original signature J.H. Fitzpatrick. City Clerk official title PERS- CON -12A (9 -78) AMENDMENT TO CONTRACT SET!-JEEN THE BOARD OF ADMINISTRATION PUBLIC MPLOYEAND RETIREfir 4SXSTM � t ` � THE �' C' ,4 CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of June 9, 1952, effective July. 1, 1952, and as amended effective. July 1, 19524 October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1975, and January 16, •1930, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are.hereby stricken from said contract as executed effective January 16, 1980, and hereby replaced by the following para- graphs numbered 1'through.10 inclusive: 1. All words and terms used 'herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and age 55 for local safety members. 2. Public Agency shall_ participate in the Public Employees' Retirement System from and -after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: CROSSINC 41 4. 7n fraction of final compensation to be provided for each year of credited "prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60). 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.1 of said Retirement Law (One —half pay at age 55). 6. The following additional provisions of the Public Employees' Retire - ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Sections 21380 -21388 (1959 Survivors Program). b. Sections 21263/21263.1 (Post - retirement survivor allowance), for local safety members. c. Section•20862.8 (Unused sick leave credit), for local miscel- laneous and local fire members only. d. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. ' e. Section 20024:2 (One —year final compensation), for local safety members. 7. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on June 1 ,1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759. Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board.as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as ' miscellaneous members of said Retirement System: (1) 10.561 percent on ,account of the'liability for.current service benefits. (2) 0.266 percent on account of the liability for the 1959 Survivor Program. b. With respect to local safety members, the agency shall contribute the following percentages'of.monthTy salaries earned as local =�f ^ «•- ^±embers of said Retirement- System: (1) 1.175 percent until June 30; 1982..on account of the liability for prior service benefits.. • ;+ (2) 17.555 percent on account of the liability for current service benefits.. c. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said System as it affects the employees of Public Agency; not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.. 9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. .If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the day of 1.9 Witness our hands the ___ day. of 19_ BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM. BY Carl J. Blechinger, Executive Officer Approved as to form: CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO BY Presxdg OffcE�;� ' .�rInr; No. ) In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION a City of San Luis Obispo STATE OF CALIFORNIA, ) j} ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above - entitled matter I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of the SAN LUIS OBISPO COUNTY TELEGRAM- TRIBUNE, a newspaper of general cir- culation, printed and published daily, Sundays excepted, at the City of San Luis Obispo in the above named county and state; that Amendments Miscellaneous_, Pers Contract of which the annexed clipping is a true printed copy, was published in the above -named newspaper and not in any supplement thereof — on the following dates, to-wit: April_26,_1 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of Chapter 1, Division 7, Title 1 of the Government Code of the State of California. I certffv (or declare) under penalty of perjury that the fore- going is true - a �d�c�or�rect. l7 (Si 7 ature of Principal Clerk) Date April 26___ 1980 dilVYl' My or Sdtlhuls olio NOTICE. A• M E, N` D. M' E N T MISCELLANEOUS PERS CON- TRACT "' NOTICE d5 HEREBY GIVEN that the City Council of the. City of San Luis Obispo has adopted . a resolution of,intemion 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 miscellaneous members.- The estimated cost to } the city to provide this benef it to the.miscellaneous employees for a.one year, twelve month period is $6,479.04. This annual figure Is Ls; biect to change in_the future wih any Ichanges in actuarial data. 5/J.H..FITZPATRICK City Clerk April td C CL d CD c � m i IL • i CL Q <, M G cr n Q 3 CD Q 0 0 c z ro CD R Se o P ° N W_ N O' u. RESOLUTION NO. 4085 (1980 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 3903 BY INCREASING POLICE SERGEANT I AND II SALARY RANGES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Whereas, Article.VII B of Resolution No. 3903 provides that the city engage in a study of the organization structure and classification specifications for Police Sergeant and Lieutenant classes during the 1.979 -80 fiscal year; and Whereas said article provides that an external salary survey be conducted to determine competitiveness of Sergeant and Lieutenant salaries; and Whereas, said study and survey have been completed recommending some upward adjustment of Sergeant I and II salaries; Now, therefore, be it resolved by the Council of the City of San Luis Obispo that Appendix A of Resolution No. 3903 be amended as follows effective March 1, 1980: Police Sergeant I Police Sergeant II On motion of Councilman Dunin and on the following roll call vote: Salary Range ql 30P seconded by Councilwoman Billig AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of February 1980. R 4085 C RESOLUTION NO. 4085 (1980 Serie! ATTEST: FITZPATRICK APPROVED: Ci ve Officer Ci y Attorney e DTrectoA Policdjhief dA Personnel Directo * * * * * * * * * * RESOLUTION NO.4084.(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND H. DIETER HEINZ. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain amendment to agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of Sari Luis Obispo and H. Dieter Heinz 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 amendment to agreement approved by it to: Dave Romero, Director of Public Services, Rudy Muravez, Finance Director, Gordon Johnson, Personnel Director, Dick Minor, Fire Chief, and H. Dieter Heinz, Chemist. On motion of Councilman Dunin , seconded by Councilwoman Billie , and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this February , 1980. ATTEST: CITY C Z J.H. FITZPATRICK day of R 4084 Resolution No. 4084(1480 Series) City Admini a ive fficer City Attorney Director f Publ' Services rector o ceC Personnel Director Fire Chief SECOND AMENDMENT TO AGREEMENT (H.. DIETER HEINZ) This Amendment to Agreement, made and entered into this .5th day of February 1980, by and between the CITY OF SAN LUIS OBISPO, ( "City ") and H. DIETER HEINZ ( "Chemist ")., WITNESSETH WHEREAS, City and Chemist heretofore have entered into an agreement whereby Chemist will provide consulting chemist services to City, a copy of which agreement . is attached hereto and marked "Exhibit A "; and WHEREAS, City and Chemist have amended the said agreement to modify the total hours.; and WHEREAS, the City now finds that it will have additional work for Chemist not covered within the agreement and amendment, and therefore desires to amend the agreement as hereinafter set out. NOW, THEREFORE, City and Chemist for and in consideration.of the mutual benefits set forth herein, agree as follows:: 1. That certain agreement referred to herein above is hereby amended as follows: a. Sections r), s) and t) shall be added to the Scope of Work in the agreement, to read: "r) Laguna Lake testing and analysis in conjunction with the preparation of the Laguna Lake master plan.and EIR by Envicom, Inc. s) Non - emergency call out by the fire and police departments. t) Such other work as within Chemist's area of expertise which City may from time to time have call for." b. Compensation for items r), s) and t) in the Scope of Work shall be additional to the monthly amount set out in Section 4 of the agreement, and shall be paid at the rate of $18.73 per hour for work performed. under those items. c. The Fire Department agrees to provide compensation at the follow- ing rates: • Emergency Incidents - To provide technical consultation and advice at the scene of emergency incidents involving hazardous materials; a rate of pay of $18.75 per hour with a four -hour minimum guarantee. Mileage expenses to be paid by the Fire Department at the current City rate. • Non - Emergency - To provide technical consultation, advice, and training for Fire Department personnel at the rate of $18.75 per hour (no minimum guarantee), plus mileage. d. Chemist shall not work in excess of an average of 86 hours per month in any calendar year. 2. Except as otherwise amended herein, the agreement shall remain unmodi- fied and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to agreement to be executed on the date first written above. ATTEST: s/J.H. FITZPATRICK CITY CLERK J.H. FITZPATRICK CHEMIST H. Dieter Heinz CITY OF SAN LUIS OBISPO s/LYNN R. COOPTR MAYOR LYNN R. COOPER APPROVED: City Admini i e,'G icer V City Attorney m Director of Public Services it for Finance •� 6vlt -- Personnel Director r? Fire Chief C5 17 AGREEMENT FOR PERSONAL SERVICES THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City "), and H. DIETER HEINZ, an independent contractor providing consulting chemist services (hereinafter referred to as "Chemist "). WITNESSETH: idHEREAS, H. Dieter Heinz is a qualified chemist capable of analyzing and monitoring the City's domestic water supply; and WHEREAS, the City desires to employ him as an independent contractor to provide certain services not currently performed in detail by City em- ployees or available within City services;- NOW, THEREFORE, City and Chemist for an in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning July 1, 1979, Chemist agrees to provide services to the City in accordance with the scope of work outlined in Exhibit "A" attached hereto and thereby incorporated herein. Said services shall continue through June 30, 1980, providing, however, that either party may terminate this Agree- ment by two weeks written notice to the other party. The general duties to be performed by said Chemist shall be at the direction of the Director of Public Services. 2. Notwithstanding any other representations, oral or written, be- tween the parties, including any and all agents or representatives thereof, Chemist, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. Any and all supervision and direction by the Director of'Public. Services shall be only that necessary to'provide broad general outlines, Exhibit "A" and Chemist is to use his own initiative and discretion in performing the details of his work, provided, however, that Chemist may consult with Public Services staff as he desires. 3. City agrees to provide laboratory space and supplies necessary for performance under this Agreement, subject to purchase authorization by the City. 4. City agrees to pay Chemist the sum of $1,106.25 per month for his services, payable in accordance with regular City payment procedures. Chemist agrees to provide a minimum of fifty -nine (59) hours service per month and will submit a detailed statement of the services provided prior to payment. Chemist shall not accrue vacation, sick leave, or other similar benefits including woryers compensation and.unemployment insurance benefits available to regular City employees. 5. City agrees to reimburse Chemist for authorized use of his personal vehicle on City business at the rate of 15r per mile and to provide Chemist with a parking permit for lot #8. 6. This is an agreement for personal services and is not assignable without the prior written consent of City. 7. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following addresses: City: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Chemist: H..Dieter Heinz P.. O. Box 3193 Pismo-Beach, CA 93449 IN WITNESS IVHEREOF, the parties hereto have caused this Agreement to be executed_. -2- ATTEST: S/J.H: FITZPATRICK City Clerk J. H. Fitzpatrick Approved as to form: City Attoiney -3- CHEMIST H. Dieter Heinz CITY OF SAN LUIS OBISPO s/ MN R. 000P_ER Mayor Lynn R. Coopar Approved as to content: City s ative Officer Director of Public Services ir�ctor of`Finance Personnel Director • f I I SCOPE OF WORK - CITY CONSULTING CHEMIST To serve as City Chemist performing such services as: a) Complete chemical analysis and identification of drugs and related compounds b) Hair comparison and analysis c) Paint analysis I d) Soil chemistry: analysis and recommendation for better plant growth. e) Fertility — tissue analysis f) Pesticide residues: identification and analysis g) Identification of any foreign matter, either solid, gaseous or liquid h) Any quality control analysis - and /or product specification i) Petroleum products: analysis and recommendations j) Corrosion studies: steel, building materials, etc. k) Trace metal analysis 1) Steel certification by chemical and physical examination m) Air pollution: monitoring, sampling and testing: Particle matter Hydrocarbons Sulfur Dioxide Carbon Monoxide Oxides of Nitrogen n) Certification and analysis of explosives, primers, detonators, etc. o) Consulting and assisting on sewer source control program p) Consulting and assisting on cathodic protection program q) Analysis of sewer samples EXHIBIT "A" AMENDMENT TO AGREEMENT (H. DIETER HEINZ) This Amendment to Agreement, made and entered into this 21st day of August , 1979, by and between THE CITY OF SAN LUIS OBISPO, ( "City ") and H. DIETER HEINZ ( "Chemist ") , WITNESSETH WHEREAS, City and Chemist heretofore have entered into an agreement to whereby Chemist will provide consulting chemist services to City, a copy of which agreement is attached hereto and marked Exhibit "A "; and WHEREAS, City and Chemist now desire to amend that agreement as hereinafter set out. NOW, THEREFORE, City and Chemist for and.in consideration of the mutual benefits set forth herein, agree . as follows: 1. That certain agreement referred to herein above hereby is amended as follows: a. The beginning date set out in paragraph 1 of the agreement shall be August 1, 1979, Chemist not having performed any services for the City during the month. of July, 1979. b. The number of hours worked per month under paragraph 4 of the agreement shall be 64.4 for each of the eleven months of the agreement. c. Compensation under paragraph 4 of the agreement shall be $1207.50 per month for each of the eleven months of the agreement. 0 2. Except as otherwise amended �erein, the agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to agreement to be executed on the date first written above. ATTEST: City Clerk J. H. Fitzpatrick Approved as to form: City Attorney CHEMIST / l H. Dieter Heinz CITY OF SAN LUIS OBISPO iyor Lynn R: Cooper Approved as to content: City Administtative Ofr cer Personnel D4recp i r M a a RESOLUTION NO.4083 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GEOFFREY L._GROTE TO AMEND H_IS AGREEMENT FOR PERSONAL SERVICES WITH THE CITY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement; attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Geoffrey L. Grote is hereby approved and the Mlayor 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: Geoffrey L. Grote, Finance Director. On motion of Councilman_Dunin , seconded by Councilwoman Billig ,. and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and.Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of February_._. , M ATTEST: CITY J.H. FITZPATRICK R 4083 RESOLUTION NO. 4083 (194wries) APPROVED: City ABminis ive 0 ficer i AMENDMENT TO AGREEMENT FOR PERSONAL SERVICES THIS AMENDMENT to Agreement for Personal Services is by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City "), and GEOFFREY L. GROTE, an independent contractor providing consulting services (hereinafter referred to as "Legal Assistant "). Said Agreement for Personal Services is attached as Exhibit "A." WITNESSETH: WHEREAS, both parties desire to amend the attached Agreement for Personal Services as to compensation paid for services rendered; NOW, THEREFORE, City and Legal :Assistant agree to amend Agreement for Personal Services"as follows: 1. Paragraph 4 of the attached Agreement for Personal Services is amended, effective February 1,,1980, to state as follows: City agrees to increase the pay to Legal Assistant to the sum of $17,700,00 payable at the rate of $1,550.00per month for the remaining six= months.of the Agreement for Personal Services, payable in accordance with regular City payment procedures. Legal Assistant agrees to provide a minimum of one hundred seventy three (173) hours service per month and will submit a monthly statement of the services provided prior to payment.. Legal Assistant shall not accrue vacation, sick leave, or other similar benefits including workers' compensation and unemployment insurance benefits available to regular City employees. However, City agrees to include Legal Assistant within City medical insurance program and he shall be entitled to five (5) working days of time off during the term of this Agreement. a LLI ,:IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed this 5th . day of February 1980., LEGAL ASSISTANT r Geoffr y V Gfote. CITY OF SAN LUIS OBISPO SILYAIN R. COOPER Mayor Lynn R. Cooper ATTEST: s/J.H. FITZPATRICK City Clerk J. H. Fitzpatrick Approved: City Attorney AGREEMENT FOR .PERSONAL SERVICES THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, achartered municipal corporation (hereinafter-referred to as "City"), and GEOFFREY L. GROTE, an independent contractor providing consulting services (hereinafter referred to as "Legal Assistant") . WItIMSEtH• WHEREAS, Geoffrey L. Grote is a licensed attorney capable of assisting the City Administrative officer and City Attorney perform various legal and administrative funct-i6hs; and WHEREAS, the City desires to employ him as an independent contractor to provide certain services not currently performed in detail by City employees or available within City services; NOW, THEREFORE, City and Legal Assistant for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Commencing August 1, 1979, Legal Assistant agrees to provide services to the City as directed by the City Administra- tive Office and City Attornely. Said services shall continue through t either party July 31, 1980, providing, however, that may -terminate this agreement by two weeks written notice to the other party. 2. Notwithstanding any other representations, oral or written, between the partiesr including any and all agents or representatives thereof, Legal Assistant, at all times covered by the terms of this agreement, is acting as -a free and indepen- dent contractor,' and not as an employee of the City, �IT4� ZA All supervision and direction necessary .,hall be provided by the City Administrative officer or.City Attorney. 3. City agrees to provide office space and supplies necessary for performance under this agreement, subject to pur- chase authorization by the City. 4. City.agrees to pay Legal Assistant the sum of $16,810 at the rate of $1,400.00 per month for his services, payable in accordance with regular City payment procedures. Legal Assistant agrees. .to provide a minimum of one hundred seventy three (173) hours service per month and will submit a monthly statement of the services provided prior to payment. Legal Assistant shall not accrue vacation, sick. leave, or other similar benefits i"ncl "uding workers compensation and unemployment insurance.benefits available to regular City employees.. However, City agrees to include Legal Assistant within City medical insurance program and he shall be entitled to five (5) working days of time off during the term of this agreement. 5. This is an agreement for personal services and is not assignable without the prior written consent of City. 6. For purposes of notice under this agreement, all notices shall be considered effective upon being sent by certified U.S. mail to the following'addresses: City: Legal Assistant: City Clerk City of San Luis Obispo P. 0. Box 321 San'Luis Obispo, CA 93406 Geoffrey L. Grote 610 Aleta Place Pleasant Hill,.CA 94523 IN WITNESS WHEREOF, the parties :iereto have caused this agreement to be executed this day of �/��� 1979. LEGAL ASSISTANT Geoffrey L✓Grote CITY ,�&F SAN LUIS OBISPO s ATTEST: C' Clerk J. H. Fitzpatrick i Approved as to form: Approved as to content: AA �- 4 i City Attorney City Admihilerative .Officer RESOLUTION NO. 4082 (1980 Series) A RESOLUTION OF THE COUNCIL.OF THE CITY OF SAN LUIS OBISPO REQUESTING PG &E TO MODIFY ITS STREET LIGHTING ACTIVATION SYSTEM TO REACT TO A LESSER LEVEL OF LIGHT WHEREAS, street lights within the City of'San Luis Obispo and within many other communi ties.-throughout the state and nation are activated by photo- electric cells; and WHEREAS; said photo- electric cells respond to a light level which turns on the street light well prior to full dark and turns off the light well after daylight; and WHEREAS, said photo- electric cells often turn on street lights during dark days, although the street lights serve no purpose at that time; and WHEREAS, a redesign of the photo - electric _e-1 to`respon d_to a lesser level of light, and installation of these units on existing street light fixtures, will result in substantial savings in wasted energy, which should reflect in reduced cost. NOW, THEREFORE, BE IT RESOLVED; by the Council of the City of San Luis Obispo that Pacific Gas & tlectrrc. Company is hereby requested to modify its photo- electric cells within the City of San Luis Obispo to achieve a reduced sensitivity to light and to consider utilizing this modified unitbhroughout its entire system. On motion of Councilman-Dunin seconded by Councilwoman BilliQ - -, and on the following roll call vote: AYES:. Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this h day of February 1980- Y R L 74CO02 ATTEST: CITY RI •i. FITZPATRICK R 4082 0 .Resolution No. 4082 Approved: City A n' tive 0 er City Attorney Director of Public Services w (1980 Series) RESOLUTION NO. 4081 (1980 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 li 'That the following special appropriation be authorized to provide funding for the attendance.of the,City Planning Commissioners to the Planning.Commissioners' Institute sponsored by the League of California Cities. Account No. Description Amount (OC) 01- 2511 -141 Planning Commission Professional Conferences, $1,700,.00 On motion of Councilman Bond seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Bond, Mayor Cooper-, Councilmembers Billig, Dunin and Jorgensen NOES: None ABSENT: None the foregoing Resolution was passed and adopted this -5th day of February , 1980: ATTEST: City istr a Officer City Attorney Hance r Director of�Commurilty Development R 4081 RESOLUTION NO. 4080 (1980 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING ADDITIONAL TIME TO FILE FINAL MAP FOR MINOR SUBDIVISION 78 -154; APPLICANT - MAINO CONSTRUCTION CO. WHEREAS the subdivider of Minor Subdivision 78 -154 has requested an extension of time to complete the final map; and WHEREAS the City Council determined that the time extension is justified to complete subdivision improvements. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. A 6 -month time extension for the filing of the final map for Minor Subdivision 78 -154 is hereby granted. Said extension expires on -,June 6, ••M SECTION 2. The conditions of approval contained in Resolution No. 3725 are hereby incorporated into and made a part of this time extension. 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 5th day of February •:m ATTEST: City itzpatrick ti Resolution No. 4080 (1980. series)_ Minor Subdivision 78 -154 Page 2 APPROVED: MYLAdWistrative Officer City Attorney Community D ve opmen i,re.ctor 3 �c c: aty of san Us oBspo CITY CLERK /TREASURER Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 February 11, 1980 Maino Construction 1174 Laurel Lane San Luis Obispo, CA 93401 Gentlemen: Please be advised that the San Luis Obispo City Council took action at its meeting of February 5, 1980, to adopt Resolution No. 4080 (1980 Series), a resolution approving and granting additional time to file final map for minor subdivision 78 -154 with the City of San Luis Obispo. A fully executed copy of the resolution has been enclosed for your files. Should you have additional questions, please feel free to call. Sincerely, .g. ja�p "k J.H. Fitzpatrick City Clerk pls Enclosure cc: Thomas Batmberger Wayne Peterson, City Engineer Dave Romero - Public Services Director J :SOLUTION NO. 4079 (1980 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RAISING METER RATES IN LOT 12, LOCATED AT THE CORNER OF MARSH AND CHORRO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The hourly rate for all meters in Lot 12 at the corner of Marsh and Chorro shall be raised from 5¢ per hour to a new rate of 10¢ per hour effective upon completion of necessary field work. On motion of Councilman Dunin seconded by Councilwoman BilliQ and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of February , 1980 . ATTEST: CITY .H. FITZPATRICR APPROVED: /i Ci', A i trative -Officer City Attorney Public Services Director R 4079 RESOLUTION NO. 41078 (19 Ser ies A RESOLUTION OF THE COUNCIL O-F THE CITY OF SAN LUIS OBISPO-AMENDING RESOLUTION NO ,3991 AND RESCINDING RESOLUTION NO: 3700 BY PROVIDING SALARY INCREASES FOR CERTAIN POLICE AND FIRE EMPLOYEES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: The.attached police and. fire salary range and step schedules, Exhibits A and B,, shall take effect ja f nuary 1, 1980. SECTION 2. The attached Police Reserve Officer wage scale, (Exhibit C), shall replace that found in.Resolution No. 3991 effective January.1, 1930. On motion of Councilman Dunin seconded by Councilwoman Billig and on the following roll call vote: AYES- Councilmembers Dunin, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed and adopted this lg,, 80. ATTEST: M n CITY K'-J--H-.- FITZPATRICK Pol ic,-(ra-iof 15th day of January P,W46W-] G EXHIBIT A n SALARY STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RANGE. 09P 902.00 950.00 1000.00 1052.00 1108.00 lop 926.00 976.00 1026.00 1080.00 1138.00 i1P 950.00 1060.00 1054.00 1108.00 1168.00 12P 976.00 1028.00 1082.00 1133.00 1198.00 13P 1002.00 1054.00 1110.00 1168.00 1230.00 14P 1028.00 1082.00 1138.00 1198.00 1262_00 15P 1054.00 1110.00 1158.00 1230.00 1296.00 16P 1082.00 1140.00 1200.00 1262.00 1330.00 17P 1110.00 1170.00 1232.00 1296.00 1364.00 18P 1140.00 1200.00 1264.00 1330.00 1400.00 19p 1170.00 1232.00 1296.00 1.364.00 1436.00 20P 1200.00 1264.00 1330.00 1400.00 1474.00 21P 1232.00 1298.00 1366.00 1438.00 1514.00 22P 1264.00 1332.00 1402.00 1476.00 1554.00 23P 1298.00 1366.00 1438.00 1514.00 1594.00 24P 1332.00 1402.00 1476.00 1554.00 1636.00 25P 1368.00 1440.00 1516.00 1594.00 1678.00 26P 1404.00 1478.00 1554..00 1636.00 1722.00 27P 1440.00 1516.00 1596..00 1680.00 1768.00 28P 1478.00 1556.00 1638.00 1724.00 1814.00 29P 1518.00 1596.00 1680:00 1770.00 1862.00 30P 1556.00 1638.00 1726.00 1816.00 1912.00 31P 1598.00 1682.00 1770.00 1864.00 1962.00 32P 1640.00 1726.00 1818.00 1912.00 2014.00 33P 1684.00 1772.00 1864.00 1962.00 2066.00 34P 1728.00 1818.00 1914.o0 2014.00 2120.00 35P 1772.00 1866.00 1964.00 2o68.00 2176.00 36P 1820.00 1916.00 2016.00 2122.00 2234.00 37P 1868.00 1966.00 2068.00 2178.00 2292.00 38P 1916.00 2018.00 2124.00 2236.00 2352.00 EXHIBIT B SALARY STEP 1 STEP 2 STEP 3 -STEP 4 STEP 5 RANGE 14F 1008.00 9062_00 1118.00 1176.00 1238.00 15F 1036.00 1090:00 1146.00 1208.00 1270.00 16F 1062.00 1118.00 1173.00 1240.00 1304.00 17F 1090.00 1148.00 1203.00 1272.00 1338.00 18F 1118_00 1178.:00 1240.00 1306.00 1374.00 19F 1148.00 1'208.00 1272.00 1340:00 1410.00 20F 1178:00 1240.00 1306.00 1374.00 1446.00 21F 1.210.00 1274.00 .1340.00 1410.00 1486.00 22F 1242.00 1306.00 1376.00 1443.00 1524.00 23F 1274.00 1342.00 1412.00 1486.00 1564.00 24F 1308.00 1376.00 1448.00 15524.00 1606.00 25F 1342.00 141.2.00 1486.00 1566.00 1648.00 26F 1378.00 145o.00 1526.00 1606.00 1690.00 27F 1414.00 1488.00 1566.00 1648.00 1736.00 28F 1450.00 1526.00 1608.00 1652.00 1780.00 29F 1488.00 1568.00 1650.00 1736.00 1828.00 30F 1528.00 1608.00 1692.00 1782.00 1876.00 31F 1568.00 1650.00 1738.00 1828.00 1926.00 32F' 1610.00 1604.00 1784.00 1876.00 1976.00 33F 1652.00 1788:00 1830.00 1926.00 202.8.00 34F 1694.00 1784.00 1878.00 1976.00 2082.00 C POLICE RESERVE OFFICER EXHIBIT_ C GRADE EXPERIENCE HOURLY RATE Class I A 1 year at Grade B $6.56 B 200 hours P.O.S.T. training 5.90 Class II A 1 year at Grade B 5.31 B 80 hours P.O.S.T. training 4.78 Class III A 1 year at Grade B 4.30 B 40 hours P.O.S.T. training 3.87 Work paid for includes crowd control at public events in the city staged by a person, firm or corporation and crime prevention_ programs funded through special grants or revenue sharing upon approval of the City Administrative Officer,, and court duty. The hourly rate for Class 1, Grade A,equalG 90" of the first step of Police Officer. Each subsequent rate equals 90% of the next higher rate. M RESOLUTION NO. 4077 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT FIRE BATTALION CHIEF ELTON HALL.IS DISABLED WHEREAS, the City of San Luis Obispo is a contracting agency of the Public Employees' Retirement System; and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee classified as a local safety member is disabled for purposes.of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, an application for disability retirement of Elton Hall employed by the City in the position of Fire Battalion Chief, has been filed with the Public Employees' Retirement System; and WHEREAS, the City has reviewed the medical and other evidence relevant to such alleged disability; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, that this Council finds and determines and it does hereby find and determine, that such disability is a result of injury or disease arising out of and in the course of employment; and BE IT FURTHER RESOLVED that the effective date of said retirement is February 1, 1980. BE IT FURTHER RESOLVED that there is not a possibility of third -party liability present. On motion of Councilman Dunin , seconded by Councilwoman B;1lig r and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilman Bond R 4077 C C Resolution No. 4077 (1980 Series) the foregoing Resolution was passed and adopted this 15th day of January &M--- ATTEST: CITYgag gmamam;� J.H. FITZPATRICK APPROVED: UZty,AdfRili i sit rative Officer / 4L -cz City Attorney Personnel Direct ,MEETING AGENDA �► IIIII h II �IIIIIIII �,5 lTEM # -3 city of san luis oBispo 990 Palm Street • P.O. Box 321 • San Luis Obispo, CA 93406. 805/541 -1000 January 8, 1980 . TO: Lee Walton, City Administrative Officer nn FROM: Gordon R. Johnson, Personnel Directorpl` SUBJECT: Disability Retirement of Battalion Chief Elton Hall Elton Hall has worked in several jobs in the fire department since being hired August 1, 1958. He has served as Battalion Chief since November 1, 1973• During his tenure, Elton has developed a significant hearing loss which was brought to my attent.ion last year by Chief Minor. I referred Elton to Dr. Alden E. Fogo for a comprehensive hearing examination last fall. Dr. Fogo determined that Elton does not meet the City's hearing standards due to his continued exposure to siren noise in the battalion chief's car. The siren was repositioned and the volume lowered 2 1/2 years ago so it should not be a significant problem in the future. Dr. Fogo added that Elton probably wouldn't meet City standards with a hearing aid either. He stated that Elton's tinnitus., a hearing disorder that is constant and high pitched in quality, "would severely impair his efficiency especially under emergency circumstances." Although he stated that Elton could do another job within the department not requiring as high a degree of hearing ability, Chief Minor does not have such a position available. Elton will be on compensatory time off from December 28, 1979, until January 8 and will go on workers' compensation leave provided by labor code section 4850 for the rest of January. He is eligible for a disability retirement under the rules of the Public Employees' Retirement System. The Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law: RECOMMENDATION I recommend that the council adopt the attached resolution finding and determining that Chief Hall is di.sabled. GRJ :aes Attachment RESOLUTION NO. 4076 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO NOTIFYING THE CALIFORNIA TRANSPORTATION COMMISSION THAT THEY WILL ACCEPT A PARCEL OF LAND FROM THE STATE, SURPLUS TO STATE PURPOSES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City of San Luis Obispo gives notice hereby that they will accept from the State of California, a triangular parcel of land located at the corner of Broad Street (Route 222) and South Street described as follows: "That part of parcel 3165 -1 described in the deed to the State of California recorded October 21, 1974 in volume 1802, page 354, official records of the County of San Luis Obispo, that lies westerly of the southerly projection of course 1 described in said deed." (See sketch marked Exhibit A.) SECTION 2. The City Clerk is directed to furnish a copy of this resolution to the California Transportation Commission and to the District Engineer, District V. SECTION 3. The Mayor is further directed to accept the deed from the state and record same on behalf of the city. On motion of Councilman Dunin , seconded by Councilwoman. Billig , and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed and adopted this 15thday of January , 1980. R 4076 . Resolution No. 4076 ATTEST: CI E Z J.H. FITZPATRICK APPROVED: City Admin' rative Officer City Attorney Director of Public Services C(1980 Series) STATE. OF CALI FORN IA— BUSINESS AND TRANSPORTATION. AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 TELEPHONE: (805) 5493111 June 18, 1980 R/W 05 -SLO- 227 -12.6 Relinquishment Request No. 4199 05240 - 911038 City Council City of San Luis Obispo City Hall 900 Palm Street San Luis Obispo, CA. 93401 Gentlemen: This is to advise you that on April 25, 1980, the California Transportation Commission adopted a resolution relinquishing to the City of San Luis Obispo a portion of State Road 057SLO -227 along the northerly side of South Street. This resolution was recorded May 13, 1980, as Document Number 19781, Book 2240, Page 226, in the office of the County Recorder of San Luis Obispo County. Enclosed: 1 set of maps showing said relinquishment. Sincerely, P. B. Rasmussen District Right of Way Engineer Right of Way Engineering Branch R ECEJ VE ,4N 2 3 1980 SAN LUIS CLERK OBISPO, .G4 STATE OF CALIFORNIA — BUSINESS AND TRANS( ,TION AGENCY DEPARTMENT OF TRANSPORTATION 1120 N STREET SACRAMENTO, CALIFORNIA 95814 (916) 445 -2756 April 30, 1980 City Council City of San Luis Obispo San Luis Obispo, CA 93401 RELINQUISHMENT OF HIGHWAY RIGHT OF WAY Gentlemen: EDMUND G. BROWN JR., Governor R/W ENGINEERING 05 -SLO -227 -12,6 Rel. Req. No. 4199 Collateral Facilities CTC Res: R -2589 CTC Date:-4-2-5-80 Attached for your information is a certified copy of the above - referenced California Transportation Commission Resolution of Relinquishment. This action was taken in accordance with Section 73 of the Streets and Highways Code. Your attention is directed to Section 100.9 of the Streets and Highways Code regarding-relocated State highways which bypass cities or business districts. The directional-signs erected by the State on such highways shall be left in place and maintained by the local agency: The relinquishment will become effective upon recordation and your office will be notified immediately thereafter. Sincerely, E. L. Ide, Chief Right of Way Engineering Branch Division of Right of Way Attachment Y C,J MAY - 5 1980 CITY CLERK SAN LUIS OBISPO, CA r ,• 617 .iiCC�r SECORDE P.EOUESTED BY & DOC. NO. +1IEN RBCORDEO RETURN TO r;c .r ratty oP stis ivi documart fia. OFFICIAIV Gear: tna:!e on Dist. R /�Y maps by: SAN LUIS OBISPO CO. Gq�, DEPARTM_F.NT OF TRANSPOP.TATIO?1�y_ �_ P.O. _sox L Date ute.ed � -X7-80 MAY 13 1980 SAN LUIS OBISPO, CA 93406 ck cked bp: WILLIAM E. ZIMARIK COUNTY RECORDERot TIME m Q phl RELINQUISHMENT OF HIGHWAY RIGHT OF WAY IN THE CITY OF SAN 'LUIS OBISPO, ROAD 05 -SLO -227 -12.6 REQUEST NO. 4199 WHEREAS, the State of California has acquired right of way for and has reconstructed a city street in the City of San Luis Obispo, at South Street, road 05 -SLO -227; and WHEREAS, by Resolution No. 4076 dated Janaury 15, 19802 the City agreed to accept title to a reconstructed city street, upon relinquishment thereof to said City by the State of California; and WHEREAS, this Commission has found and determined, and does hereby find and determine, that it is desirable and in the public interest that said collateral facilities be relinquished to the City of San.Luis Obispo for use as a city street; NOW, THEREFORE, IT IS VOTED by the California Transpor- tation Commission that it relinquish, and it does hereby relinquish, to the City of San Luis.Obispo, effective upon the recordation of a certified copy hereof with the Recorder of San Luis Obispo County, all of the State of California's right, title and interest in and to said collateral facilities in said City, together with the right of way and appurtenances thereof, described as follows: That part of parcel 3165 -1 described in the deed to the TRANSPORTATION COMMISSION RESOLUTION N0. pass*d 4 CTC 'R2589 APR 2 51980 voI.2240,,.,I;f 226i State of California recorded October 21, 1974 in Volume 1802, page 354, Official Records of the County of San Luis Obispo, that lies westerly of,the southerly projection of course 1 described in said deed. THIS IS TO CERTIFY That the foregoing is a full and correct copy of the original resolution duly passed by the California Transportation Commission at its meeting regularly called and held on the 25th day of April, 1980, in the city of San Rafael. Dated this the 28th day of April, 1980. FNn nC nnpimfir»r4 Rq0HARD A. DONAL SON Assistant Secretary CALIFORNIA TRANSPORTATION COMMISSION VnL�fvM��M IRNIYJrVnIN 11 VN I,vmmI JJI UN - -- - -- - - - VOL 2240ou 227 aN N oa`mu� a NO i . a: C-0 N 1. J W O = dc M :F (�tlTtl ///� = a i N J �C L_ ON Ljj �J =�J N Rat[ g N1°ooa �C �� el L Q� DF3-15°d O VU a a ,aoo�,nMO(�OuD -0— c o 0 115 ��CIL,.JDN n6 1s QLo]000❑G -- O Do o� OQ�rm�nrJ ��a� W t O n Q �(;�� J 1l W Vb 1 b 1/ �I� \. Z / �\ R N �l 'Bic - \ Od l wec y y uu me Ntll _ � m rice oex "i a � Y ode'by `. Oy 80 •f1 ;� /� 7100 r deb a� A68 ��N N.c`•N Iobobs �N 9�° A a , ��• _ a * o � W AC � m �P 1 DR GOJNSa1 �� O tl M3A, a yy 3700tg i3 • Q Z W J O . "• i 6 a �0 a 60 Q�S OY ,SD 0f'P J ANN Y� RESOLUTION NO. 4075 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY AND GREAT WESTERN SAVINGS AND LOAN ASSOCIATION TO PROVIDE AN INCREASED PARKING SPACE RENTAL. 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 Great WesteYnSavings and Loan Association be amended to provide an increase in parking space rental. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Finance Director, Director of Public Services, Great Western Savings & Loan Association. On motion of Councilman Jorgensen ,seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Dunin and Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed and adopted this 1980. ATTEST: CITI,09EAK J.H. FITZPATRICK Approved: 9 ativ e e Officer City Attorney Director of Public Services day of January R. R 4075 .Resolution No. 4075 Approved: City -,AA±ini§K4Xffire�Orfi-c,e-r City 'Attorney (1980 Sefies) I r• AMENDMENT TO AGREEMENT This Amendment to Agreement, made and entered into this 15th day of, January _, 1980, by and between the City of San Luis Obispo ( "City ") and Great Western Savings and Loan Association ( "Association "). WITNESSETH WHEREAS, City and Association heretofore have entered into an agreement for lease to City by Association of twenty -one parking spaces on Association's Parking Lot at the southerly corner of the intersection of Marsh and Chorro Streets, a copy of that Agreement attached hereto and marked Exhibit "A "; and WHEREAS, City and Association now desire to amend the Agreement to provide an increased parking space rental; NOW, THEREFORE, the parties agrees that the Agreement shall be amended as follows: 1. In Section 2 of the Agreement, the monthly per space rental shall be increased to $15.00 from $12.00, thereby increasing the total monthly rental from $252.00 to $315.00. 2. Except as amended herein, all terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Agreement to be executed on the date first above written. GREAT WESTERN SAVINGS & LOAN ASSOCIATION l Its :l,k_V44- l CITY OF SAN LUIS OBISPO s/LYNN R. COOPER MAYOR LYNN R. COOPER ATTEST: s/J.H. FWATRICK CITY CLERK J.H. FITZPATRICK �VVAIIBI�I@ INIII�IANIIIIIIIII�IIIIGI�III�IIIIIIP� �' I city of sAn Us ®1S o a° ram _ CITY CLERK /TREASURER Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541- -1000 January 22, 1980 Great Savings Western & Loan Association 1235 Chorro San Luis Obispo, California 93401 Gentlemen: Please be advised that the San Luis Obispo City Council took action at its meeting of January 15, 1980, to adopt Resolution No. 4075 (1980 Series), a resolution approving an agreement between the City and your firm for providing an increased parking space rental. A fully executed copy of the agreement and the resolution have been enclosed for your files. Should you have additional questions, please feel free to call. Sincere,y, U R� J.H. Fitzpatrick City Clerk pls Enclosure cc: Dave Romero, Public Services Rudy Muravez, Finance Bob Corcoran, BIA j� /�� - METEnNG AGENDA ��1T1 GREAT WESTERN SAVINGS AND LOAN ASSOCIATION 8484 Wilshire Boulevard • Beverly Hills, California 90211 December 26, 1979 City of San Luis City Clerk P. 0. Box 321 San Luis Obispo, Re: Parking Lot Southerly C, City of San Gentlemen: CERTIFIED MAIL RETURN RECEIPT REQUESTED Obispo California 93406 Lease Agreement Drner of Marsh & Chorro Streets Luis Obispo For the past three and one -half years, the rent per space on the above referenced parking lot has been $12.00 per month. Effective July 1,, 1980, we must increase this monthly rent to $15.00 per space. Therefore, your monthly rent will be increased from $252.00 to $315.00. Also, please add the following address for notices as outlined in paragraph 6 of our agreement. Great Western Savings and Loan Association Real Estate Department 8484 Wilshire Boulevard Beverly Hills, California 90211 If you have any questions, please contact me at (213) 852 -3500. WMoergsten rs, Vice Rrdsident NMB:mt cc: Fred Robins Harry Henderson, San Luis Obispo a,,••o•,e SSM ASAVINGS ASSOCIATION OF GREAT WESTERN FINANCIAL CORPORATION `.. "', ==-- COPIES TO: F. ilk /8 00 fa i/ f ; C4 Of SM LUIS OBISPO PUBLIC SERVICES DEPARTMENT Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 January 9, 1980 MEMORANDUM TO Lee Walton FROM Dave Romero SUBJECT Parking Meter Rate in Parking Lot 12 During the 5 -month period between July 1 and November 30, 1979, the average revenue from this parking lot was $203.68. With the increased rent, the City will be losing approximately $110.00 per month on this facility. In order to offset this loss., I recommend that the meter rate be changed from 5� per hour to 10� per hour. This will correspond with the rate which exists on Chorro between Higuera and Marsh, but will be higher than the rate on Marsh and on Chorro immediately adjacent to the parking lot. DFR:yh /a -9 P DOWNTOWN BUSINESS IMPROVEMENT AREA A City Committee P.O. Box 1.402 San Luis Obispo, Ca 93401 Minutes of Executive Board meeting. January 1491980 3, P.M. Corcoran's Restaurant.... Roll calls Sandra Gillespie, John Bitner, Jerry Munger, Robert Carpenter, :Robert Knight. Guests Public Service Director Dave Romero. Chairwoman Sandra Gillespie opened meeting introducing Dave Romero... Mr Romero gave hisreport.on lot #12 at Marsh & (iorro street. Dave passed out a letter from GrertmonthWestern forregarding space an increase from $12.00 to $15. 00 P This will increase the lot rent from $252.00 per month to $315.00 Mr. Romero recommend that the meter rate be changed from 5¢ per hour to 10¢ per hour.. M /S /C. Knight— Bitner. to approve the increase in meter rate o er hour ..... M/S /C.::- Gillespie -- Bitner.. Mr. Rick Floyd, The Creamery be appointed to fill the vacancy on the Advisory Board to replace Charles Bove who resigned.... Recommendations sent to City Council for their approval... M/S /C. Knight =- Bitner send letter to City Administrator Walton regarding a coordinator for the downtown B.I.A. The Santa. Cruz downtown has a person to work with the downtown group. Administrator Corcoran told of the 3 items on the City Council meeting January 15 ... One was on the pigeons. 2 were on the claims against the city for injuries sustained when claiment fell on the downtown sidewalks.. On Tuesday January 22nd, 8 A.M. the Executive Board will meet at Corcoran' s... . Meeting adjourned to 1 -22 -1980. Robert I. Corcoran, Administrator 1 -14 -1980. iF YOUR BUSINESS IS DOWNTOWN — DOWNTOWN IS YOUR Bll.q[NESS RESOLUTION NO. 4074 (1980 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING(APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 79 -230 LOCATED AT 146 STENNER STREET (APPLICANT: HENRIK N. NIELSEN) 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 -230, 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 R -4 zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public ease- ments for access through, or use of property within the proposed subdivisions.. SECTION 2. Conditions: That the approval of the tentative map for Minor Subdivision 79 -230 be subject to the following condition: 1. Prior to final map approval, subdivider shall pay to the city $750 as a prorated share of correcting existing sewer system deficiencies. On motion of Councilman Jorgensen , seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Jorgensen, Billig, Dunin and Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed and adopted this 15th day of January 1980. ATTEST: City err- r1f. Fitzpatrick R 4074 Resolution no. 4074 MS 79 -230 - 146 Stenner St.. Page 2 APPROVED: City Adm' s Vfvt Officer City 'Attorney JAO�3� EA -` Community De elopmen irector city of San IUIS OBISPO CITY CLERK /TREASURER Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 January 22, 198b Mr. Henrik Nielsen 281 Pacific Street San Luis Obispo, California 93401 Dear Mr. Nielsen: Please be advised that the San Luis Obispo City Council took action at its meeting of January 15, 1980, to adopt Resolution No. 4074, (1980 Series), a resolution of the Council of the City of San Luis Obispo approving the tentative map for Minor Subdivision 79 -230 located at 146.Stenner Street, subject to the Council's findings and conditions listed therein. Please know that the final map for this parcel must be submitted within one year from the approval of the tentative map. A copy of the resolution has been enclosed for your files. Should you have additional questions, please feel free to call. Sincerely,. .4. jw�pabv J.H. Fitzpatrick City Clerk pls Enclosure cc: Tim Eslinger Henry Engen, Director - CSD Dave Romero, Public Services RESOLUTION NO. 4073 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE.CITY AND SEDES FOR PREPARATION OF A GENERAL PLAN PARKS AND RECREATION ELEMENT. 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 SEDES.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: SEDES, Community Development Director, Henry Engen. On motion of Councilwoman Billig , seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmembers Billig, Jorgensen, Dunin and Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed and adopted this 15th day of January , 1980. ATTEST: ffroMii Fitzpatrick R 4073 f1 Resolution No. 4073 Page 2 APPROVED: City Ad i rative fficer City Attorney Community D e opment irector drs j CONSULTING SERVICES AGREEMENT ( SEDES & ASSOCIATES) THIS AGREEMENT, made and entered into this 15th day of January, 1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of California, hereinafter "City," and SEDES of San'Luis Obispo, California, hereinafter "consultant." WITNESSETH WHEREAS, City desires to retain certain design and planning services for preparation and presentation of a General Plan Parks and Recreation Element for the City of San Luis Obispo; 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 their mutual covenants, the parties hereto agree as follows: 1. PROJECT COORDINATION. a. City. The Senior Planner, Advance Planning, shall be the representative of the City for all purposes under this agreement. The Senior Planner 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 two Project Managers to have overall responsibility for the progress and execution of this agreement for. Consultant. Dale A. Sutliff and Jerry D. Emery are hereby designated as the Project Managers for Consultant. 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 Senior Planner. -2 C 2. DUTIES OF CONSULTANT. a. Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "A" -- Work Program attached hereto and in- corporated 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.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 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. (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regula- tions, orders, and decrees mentioned above in relation to any.plans, drawings, specifications, or provisions of this agreement. c. Release of reports and information. Any reports, 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 requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant 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 . -3- J 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. DUTIES OF CITY. City agrees to cooperate.with Consultant and to perform that work described in Exhibit "A" -- Work Program, attached hereto and incorporated by this reference. - 4. COMPENSATION. For the full performance of the services described herein, the City shall compensate Consultant according to the payment schedule set forth on Exhibit "A" -- Work Program, attached and incorporated by reference. The Consultant shall submit six (6) invoices. Payment will be made by the City after the consultant has completed required work tasks in each of the six (6) work phases described in Exhibit "A ". The total amount of compensation -for completing Section 3.4 of the work program will be contingent upon City Council and staff directions regarding work to be performed at the conclusion of task 2.6 but on no case shall such compensation exceed $12,120. In no case shall thE; total compensation for the entire project exceed $30,300. 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 "A" and Exhibit "B" -- Work Schedule -- attached and included by reference. c. Time extensions may be-allowed 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 Senior Planner shall have the authority to suspend this agree- ment, wholly or in part, for such period as he deems necessary due to unfavor- able conditions or the failure on the part of Consultant to perform any provision -4- J, 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 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 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, then an independent arbitrator is to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then 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 copies of studies, sketches, drawings, computations, and other data, 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 the City. Consultant, however, shall not be liable for City's use of incomplete materials or 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 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 fo fulfill its agreement as prescribed. -5- i 9. OWNERSHIP__@F MATERIALS. All original drawings, plans and other materials prepared by Consultant pursuant-to this agreement shall become the permanent property of the City. 10. INDEPENDENT JUDGEMENT. Failure of City to agree with Consultant's independent findings, con- clusions, or recommendations, if the same are called for under this agreement, on the basis of differences in matters of judgment shall not be construed 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 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 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 the City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 To Consultant: SEDES - 1041 Chorro Street San Luis Obispo, CA 93401 13. INTEREST OF CONSULTANT. Consultant covenants 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 further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under this am agreement is an officer or employee of City. a 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 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 Consultant under- this agree- ment, however caused, excepting, however, any such claims and demands which are the result of the negligence or 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 infringe- ment of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this agreement; and 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 or condition of any -7 \J 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 institu- ted 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, aciton, 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 worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provi.sions before commencing the performance of the work of this agreement. 16. INSURANCE. At the request of the Senior Planner, Consultant shall provide proof of comprehensive general liability insurance (including automobile) and professional liability insurance in amounts satisfactory to the Senior Planner (General Liability $500,000 and Professional Liability $250,000). 17. 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. 18. 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 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. 1.9. COSTS AND ATTORNEY'S FEES. 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 agree- ment may recover its reasonable costs and attorney's fees expended in connection with such an action 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, relegion or sex of such person. 21. 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 agree- ment are expressly made conditions. This agreement shall be governed by the laws of the State of California. -9- IN WITNESS WHEREOF, City and Consultant have executed this agreement the day and year first above written. SEDES - - ------- ok Principal - Dale A. Sutliff ATTEST: W.H. FITZPATRICK City Clerk J.H. Fitzpatrick CITY OF SAN LUIS OBISPO By: $/LYNN R. COOPER Mayor Lynn R. Cooper by Authority of Resolution No. 4073 Approved as to form: Approved as to content: �� r-'-ee - City Attorney Ci y A ministrat ve Officer Senior PlaKner, Advance Planning Project Manager Community D vel opmerxt, Director TS :drs 1/4/80 • J+na r.• inn. -..Y.. 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Jan.21 I I — Jan. 28 d d d C I Febr.4 (Mon.) d N d C N Febr.11 Febr.18 1 \ N w Eebr_25 1 Mar.3 (Mon.) Mar.24 Mar.31 o+ � . � I I — Apr.7 (Mon.) Apr.14 warvz (w m w a w r.21 N � Apr.28 ----------- - - - - -- - -E w a a May 5 (Mon.) N — May 12 — = N _ e May 19 _ — May 26 0 A ' C N O N r tD / a a A Cr N a 0 r June 2 (Mon.) — June 9 June 16 IIII �I ��II III III I I I' IiI11i1111�n�i'i�l �l�l � ��� IIII � ill fi l IIII Ii �Ih YC.I IIII I I''!I' ,I II Illi ICI I ICI I I1'i i II, I I . I 'iIIII I I' l� Ili;liLil�llll'; ; .�III'I II II l��I!iII IIII iilj % ®f sm IUIS BIS. O CITY CLERK /TREASURER - - "" Post Office Box 321 — San Luis Obispo. CA 93406 — 805/541 -1000 January 22, 1980 SEDES Site 5 Environmental Design Services 1041 Chorro San Luis Obispo, California 93401 Gentlemen: Please be advised that the San Luis Obispo City Council took action at its meeting of January 15, 1980, to adopt Resolution No. 4073, (1980 Series), a resolution approving an agreement between the City and your firm for preparation of a General Plan, Parks and Recreation Element. A fully executed copy of the agreement and the resolution have been enclosed for your files. Should you have additional questions, please feel free to call. Sincerely, J.H. Fitzpatrick City Clerk h pls Enclosure cc: Henry Engen, Director - CSD . Rudy Muravez, Finance j RESOLUTION NO. .4072 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF, SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP N. 758 FOR PROPERTY KNOWN AS TERRACE HILL (SUBDIVIDER: CUESTA VALLEY PROPERTIES) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: WHEREAS, the subdivider, Cuesta Valley Properties, has requested approval of a tentative tract map to create nine lots for single family houses and four lots to be developed with 82 residential condominiums.; and WHEREAS, the tentative tract map was accompanied by a request to rezone the subject property from R -1, R -1 -S, R -2 (low and medium density residential) and R -1 -SP (low density residential, Specific Plan district) to R -1 =PD (low density residential, Planned Development) based on -a comprehensive development plan (PD 0644); and WHEREAS, a focused environmental impact report for revisions to areas 1, 3 and 4 (proposed lots 1, 2, 10 and 11) was prepared to address impacts of Traffic and Circulation, Noise, Storm Drainage, Geologic and Seismic Safety and Esthetics; and WHEREAS, the project EIR identifies significant adverse environmental impacts which cannot be avoided if the project is implemented, as follows: 1. The project design specifies extensive grading activities during site preparation, including substantial,hillside cuts. Potential geologic hazards on the property include expansive soils, landsliding and erosion of exposed hillsides. 2. Development on the site would increase surface-runoff- levels from the property and compound existing downstream podding problems. Soil erosion during construction could degrade downstream water quality if grading occurs during the rainy season. 3. Residences would be constructed in a visually sensitive area of San Luis Obispo. New development would be visible from various parts of the City; it would also reduce the privacy of existing residents located immediately below the project area. 4. Cumulative noise generated by new traffic and ongoing railroad activity would exceed acceptable noise levels for some proposed residences. 5. Access and circulation features of the proposed development would alter traffic patterns in the vicinity of the site. If the South Street extension is built in the future, the residential character of Bishop Street would be adversely affected. R 4072 Resolution No. 4072 (1980 Series) 6. Some public facilities, specifically the elementary and junior ,high school and sewage lines, are currently at or over capacity and could, be further strained by the addition of new development to this part of San Luis Obispo; and WHEREAS, the Planning Commission and City Council have held public hearings on the project EIR in conformity with the California Envi - ronmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, the Planning Commission and City Council have held hearings to consider appropriate zoning for the subject property in accordance with Section 65800 et seq. of the Government Code; and WHEREAS,-the City Council has approved planned development rezoning for 9 single family lots and 3 lots for development of condominium units and 1. lot for dedication to the City for park %Pu`rpo "ses; and WHEREAS, the City Council.after consideration of tentative tract map no. 758 and the Planning Commission's recommendations;.staff recommendations and reports* thereon, makes the following findings: 1. The tentative map is consistent with the general plan. 2. The design and'improvements of the proposed subdivision are consistent with the general plan. 3. The site is physically suitable for.the type of development proposed. 4. The site is - physically. suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmefital 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; and WHEREAS, the City Council finds that specific mitigation measures have been imposed as conditions of approval.of this project which substantially lessen significant.environmental effects with the exception of impact on schools which is beyond the authority of the city to mitigate. -2- Resolution No. 4072 (1980 Series) NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that tentative tract map no. 758 is hereby approved subject to the following conditions of approval: 1. Subdivider shall be responsible for installation of;st67m drainage facilities on site and off site to handle storm water runoff for storm frequency as specified by city standards. These improvements will include: -- Surface and subsurface drainage improvements on recontoured hillsides to preclude erosion hazards. — Drainage structures above proposed development areas to facilitate on site drainage and above and below cut and fill areas to prevent slope failures under saturated soil conditions. — Construction of a retention basin between the project site and the railroad to alleviate existing flooding on off -site residential properties or a system to retain all of the increases in drainage from the site caused by its development. -- Installation of an underground storm drain system in Bushnell Street between Raskin and San Carlos as specified by the City Engineer. -- Storm drain improvements in Augusta Street between Bishop Street and San Carlos Drive. -- Construction of a lined swale to preclude sheet flow to Sierra Way. 2. Subdivider shall underground all existing utilities within the tract boundary. 3.. The final map shall indicate a revised lot 10 to include those portions of lots 2 and 11 designated as proposed park (Exhibit "A "). A note shall be placed on the final map for lots 1, 2 and 11 indicating that these are not buildable lots unless subdivided into condominiums and provided with improvements consistent with the development plan: approved by the city (rezoning request.Planned Development PD 0644) or specific plans adopted subsequent to expiration of above development plan. 4. Sewer and water charges are due, payable prior to recordation of the final map, as determined by the City Engineer. 5. A detailed geotechnical analysis for the design of all improvements shall be prepared by a licensed civil engineer specializing in geotechnical engineering and by a certified engineering geologist for Lots 1., 2 and 11 prior to final tract map for same. Analysis shall:. -- Explore and assess soil, groundwater and geologic conditions, particularly in areas with potentially expansive soils; -- Provide recommendations regarding soil grading and foundation criteria for proposed design; -3- Resolution No. 4072 C, C(1980 Series) — Evaluate soil stability for both natural and graded slopes under static..,. and earthquake conditions. 6. Landslides above proposed structures in PD area 1 shall be completely repaired, consistent with geotechnical report. Remedial measures shall include: — Excavation of slide materials; — Keys, benchings and installation of subdrainage systems; -- Placement of engineered fill; -- Revegetation on exposed surfaces. 7. The construction of Bishop'Street extended shall be designed to ultimately accommodate the adopted circulation element's designation re:' future railroad overpass to Broad Street. This may require construction of grade changes to Florence Avenue,, southerly of the project and Fletcher Avenue, westerly of the project. Off-site right-of-way may be necessary. Slope easements and /or retaining walls may be required. Provisions must be made to accommodate access to all lots of record. 8. Bishop Street and local streets shall be designed for a traffic index (T.I.) of 5.5. Private streets shall be designated with a T.I. = 4.0. 9. Full street improvements consisting of curb, gutter, sidewalks and street paveout are required along all frontages. Sidewalks shall be provided along private streets to satisfaction of the Community Development Director. Bishop Street extension shall have a WAN and,shall be improved _ with_30_ft of street paving, 6ft Planter .trim and a 4''-sdeaalk on the nb"rther y `side of the street, �; ith a. generous number of 'street-,trees to provide a-cangpyfor the road. 10. Grading shall be in conformance with the required geotechnical analysis for the site. The grading plan shall be signed by a registered geologist or soils engineer. Grading shall be inspected and certified by a registered soils engineer /geologist, as conforming to all requirements in the Geotechnical analysis. A registered soils engineer or geologist shall be available on the site as required to verify conditions as grading progresses-to ensure compliance with recommendations in geotechnical analysis. 11. Traffic control signs and street lighting shall be installed to meet city standards and to the approval of the City Engineer. 12. Fletcher Street, between Bushnell and Florence, shall be improved with curb, gutter and sidewalk adjacent to the development, with 32 feet of street paving and an AC berm on the opposite side. Fletcher Street; between Leona Street and Del Campo, shall be improved with full street improvements, Haskin Street shall be improved with 36 feet curb to curb. Bushnell Street, between Fletcher and Haskin Street, shall be fully improved with curb, gutter, and sidewalk on the subdivision side and 32.feet of street paving, with an AC berm on the opposite side. 13. In the event that grading or other operations do uncover buried artifacts, all construction activities shall be halted to prevent further disruption of the newly discovered archaeological site. .A qualified archaeologist should then evaluate the discovery and recommend appropriate disposition of the resources. -4- Resolution No. 4072 . _l (1980 Series) 14. Street abandonments as specified in the applicant's proposal shall be initiated and completed before the final map is approved.. If the street abandonment for one reason or another is.not approved; the final tract map shall be reviewed by the City Council for possible revisions. 15. The.subdivider shall install new 12" water line from Bishop Street pump station to the intersection of William and Augusta Streets. Water line from William and Augusta Streets to area 3 sha11 be 8 Subdivider may apply for city participation through quarterly water-deficiency funding program. 16. Subdivider shall construct all public•improvements shown on the preliminary development plan and required as conditions of same, approved by Ordinance No. 837 and on file in the City Community Development Department (as Planned Development rezoning PD 0644)'and construct an 8" water line in William Street_ from Bishop Street to Ella Street. 17. Subdivider shall dedicate all of.revised lot 10 (See Exhibit "A ") for use as an undeveloped open space park. Full credit is hereby given to meet park dedication requirements and no in -lieu fees are required. 18. The following notes shall be placed on the final map: a. All exterior surfaces of structures shall be.colored in.natural or muted tones to blend with their surroundings. b. All plant species used for landscaping and revegetating shall be native or naturalized to the area in order to conform in color and horticultural requirements with existing grasses. 19. Final map shall dedicate access rights to the city along both sides of Bishop Street extension except for private street to area 4 of approved development plan (PD 0644) and existing lots of record. 20. This resolution shall be effective upon the effective date of Ordinance No. 837, rezoning this property to R -1 -PD. In the event Ordinance No. 837 is not effective on or before March 1, 1980, this resolution shall expire. The precise plan required for PD 0644 shall be approved by the Planning Commission prior to the approval of the final map. The tentative map hereby approved shall expire 12 months from the date of adoption of this resolution, unless extended by later action of the council. 21. Subdivider shall install all. public improvements and provide all off -site improvements with Phase I of this tract. Construction activity shall be restricted to the weekday hours from 8:00 a.m, to 5:00 p.m. 22. In addition to normal review, the Architectural Review Commission shall give special consideration to PD area 4 (lot 11) relative to landscaping, building design and site layout for the purposes of minimizing grading, visual impacts off -site, and intrusion on the privacy of residences on Sierra Way. 23. The subdivider shall restore the natural slopes of the hill destroyed by previous improper grading and provide for proper revegetation, slope stabilization and erosion control for the entire site, including Lot 10, and be responsible therefore for a period of 2 years from date of final acceptance. -5- Resolution No. 4072 '(1980 Series) On motion of Councilman Jorgensen seconded by Councilwoman Billig_ and on the following roll call Vote: AYES- Councilmembers Jorgensen, Billig, Dunin and I avor CooDer NOES: None ABSENT: Councilman Bond the foregoing resolution was passed and adopted this 1980: ATTEST: CjT�ERK J.H. FITZPATRICK Approved: City A-dmiq6§t_i5`Fiv-e -officer City Attorney tire6Edik of (tirimunity D­*-lopment day of I 0 So..j V, is Soso ul fG 3AV N3NSVN Ob Ob 0 4e 9�ss FuSJSt lo� Sr: co Lo C) LLI C) z co LU D uz!� F- U) Z, O:., 7, 61 �PX 1- !e at 4C C6 F1 1� n 9 OD cc 3AV tf3HO1313 0 7 z v. 0 UJ tio SC)IHVD St OQ rS X LLJ m r RESOLUTION NO. 4071 (1980 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL CERTIFYING THE PROJECT ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE TRACT MAP NO. 758 AND PLANNED DEVELOPMENT REZONING PD 0644. WHEREAS an.Environmental Impact Report has been prepared and processed for the subject projects in accordance with State and City EIR Guidelines 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 determined 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. 758 and Planned Development Rezoning PD 0644 is certified as having been completed in compliance with CEQA and State EIR Guidelines and adequate to describe significant impacts of the project. On motion of Councilman Bond and on the following roll call vote :. , seconded by Councilwoman Billig , AYES: Councilmembers Bond, Billig, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7th day of January, 1980. ayor Lynn R. Coop ATTEST: fit erk J.H. Fitzpatrick R 4071 Resolution No. 4071 (19 80 Series) EIR - Tract 758 and PD 0644 APPROVED: City Adm' istrative Officer A,/S/� City Attorney K&, 1 Community Development Director RESOLUTION NO. 4070 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL.FROM A PLANNING COMMISSION DENIAL OF AN APPLICATION FOR USE PERMIT (U08040 521 HIGUERA ST.; SAN LUIS TRANSPORTATION, INC..; PATRICK LININGTON, APPLICANT). WHEREAS, San Luis Transportation, Inc. ('Applicant ") has filed a use permit application,. to.'allow office use on the first floor of an existing house at 521 Higuera Street; and WHEREAS, following a hearing held on December 5, 1979, the Planning Commission, by Resolution No. 1464 -79, denied the application for use permit; and WHEREAS, applicant appealed that denial to this Council; and WHEREAS, this Council has considered statements of applicant and other interested parties at its January 2,.1980 meeting, minutes of the December 5, 1979 Planning Commission hearing, the application.and all other materials related to this appeal included in the Council's agenda packet for the January 2,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. The proposed project will not be detrimental to the health, safety and welfare of persons living or working in the area. 2. The proposed project is appropriate at the proposed location and will be compatible with surrounding land uses; provided that it be limited to a two year period whereafter relocation of the office and Vehicles to the City's corporation yard would be appropriate. 3. The propose use conforms to the General Plan. 4. The proposed use will not have a significant environmental impact on the proposed site. SECTION 2. Based on the findings set out in Section 1, the Council hereby concurs with the Community Development Director's negative declaration and upholds the appeal from the'Planning Commission's denial of use permit application No. U0804, subject to the following conditions: 1. Applicant shall install and maintain at all times three city standard parking spaces. /P- 516 7 6 Resolution No. 4070 (1980 Series) 2. This use permit shall not be effective until the Chief Building Official certifies the structure for occupancy for off -ice use.. 3. The site shall be maintained in a clean and orderly condition, and all landscape materials shall be maintained and replaced as necessary: 4. No parking or storage of company equipment (buses, cars, etc.) not related to office use shall be permitted on site. 5. A screening fence shall be erected between the office and adjacent yard for the full length of the lot to the approval of the Community Development Director. 6. Use permit shall be reviewed by the Planning.Commission in six months to assure full compliance. 7. Use shall be limited to a period of 2 years. 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 2nd ATTEST:. of January 1980. Approved: City 4ifianldtiative Officer City Attorney Director of Co unity a elopment ,s K es Uoa.K G RESOLUTION NO.; "4069 (1980 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP 842 LOCATED AT 3023 ROCKVIEW PLACE 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 842 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 with 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;of tract 842 be sub- ject to the following conditions: 1. Tract corners shall be set by a registered civil engineer or land surveyor. 2. A registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy. 3. All utilities shall be underground. 4. If sewer service to each unit is to be provided by extension of the public sewer main, said main shall be six inches in diameter and constructed to city standards and easements shall be granted to the city subject to approval of the city engineer. Sewer main shall be at least 10 feet from water lines and five feet from retaining walls with no restrictions to access. Sewer may be private and shall be four inches in diameter minimum. 5. Subdivider shall install individually metered water service to each dwelling unit. Meters shall be clustered in sidewalk at property frontage. 6. Subdivider shall install an on -site fire hydrant or a heat activated fire alarm system throughout project to the approval of the fire department. 7. Subdivider shall pay park in -lieu fees prior to final map approval. 8. Subdivider shall construct standard street improvements at property frontage consisting of curb, gutter, four -foot integral sidewalk and one -half street paving as determined by the City Engineer. If street improvements are not completed and /or paid for prior to recordation of the final map, bonding to the approval of the City Engineer shall be required. 9. Conditions, covenants and restrictions shall be approved by the City Attorney and Community Development Department 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. R 4069 Resolution No. 40W Tract 842 -- Page 2 \—, 9. 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 of inoperable vehicles. f. No outside storage by individual units except in garages and enclosed patios. g. Homeowners association to provide for maintenance and repair of private sewer and water lines. h. No change in city required provisions of CC &R's without prior City Council approval. 10. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with General Plan Noise Element. 11. All on -site driveways, nonstructural improvements, and utilities shall be installed as subdivision improvements. 12. Final map shall provide utility easements acceptable to the utility companies and City Engineer. 1.3. The final map shall contain a note that all property above. the 285 foot contour elevation shall be kept in permanent open space and no structures or grading shall be.allowed. 14. This resolution shall be effective upon the effective date of Ordinance No. 836, rezoning this property from R -2 -S to R -2 -PD. In the event Ordinance No. 836 is not effective on or before February 15,. 1980, this resolution shall expire. The tentative map hereby approved shall expire 12 months from the date of adoption of this resolution, unless extended by later action of the council. On motion of councilman,aond, seconded by councilman Dunin, and on the following roll call vote: AYES: Councilmembers-Bond, Dunin and mayor-Cooper NOES: :- Councilmembers Billig and Jorgensen ABSENT: None The foregoing resolution was passed and a r ATTEST: ,699 City r i:tzpatrick this 2nd day of January, n R. Resolution no. 4069.` Tract 842 Page 3 ' Approved as to form: City Attorney Approved as t content: City rative Officer Community 'Dev`eTopment Department RESOLUTION NO. 4068 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL FROM A PLANNING COMMISSION DENIAL OF AN APPLICATION FOR USE PERMIT (U0794'. 3220 SOUTH HIGUERA STREET, WALTER BROTHERS CONSTRUCTION, APPLICANT.) WHEREAS, Walter Brothers Construction ( "applicant ") has filed a use permit application to allow construction of a 3 -story social services office complex at 3220 South Higuera Street; and WHEREAS, following a hearing held on December 12, 1979, the Planning Commission, by Resolution No. 1468 -79, denied the application for use permit; and WHEREAS, applicant appealed that denial to this council; and WHEREAS, this council has considered statements of applicant and other interested parties at its January 2, 1980 meeting, minutes of the December 12, 1979 Planning Commission hearing, the application and all other materials related to this appeal included in the council's agenda packet for the January 2 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. The proposed project will not be detrimental to the health, safety and welfare of persons living or working in the area. 2. The proposed project is appropriate at the proposed location and will be compatible with surrounding land uses. 3. The proposed use conforms to the General Plan and Downtown Goals Statement. 4. •The proposed use meets Zoning Ordinance requirements. 5. The pro;osed use will not have a significant environmental impact on the proposed site. SECTION 2. Based on the findings set out in Section 1, the council hereby concurs with the Community Development Director's negative declaration and upholds the appeal from the Planning Commission's denial of use permit application No. U07942 subject to the following conditions: R 4068 c Resolution No. 406F1-�(1980 Series) U0794 - 3220 South'Higuera Street Page 2 1. Applicant shall revise the submitted site plan to the approval of the Community Development Director to provide for: a. Elimination of all vehicular access across the common property line between the project site and the Padre Plaza shopping center adjacent to the south. b. Elimination of the driveway between the existing Employment Development Department office building and the proposed social services office building. c. Redesign of the existing EDD entry drive to make it a major entryway .to the overall Human Services complex. d. Elimination of access to Higuera Street north of the present EDD entry drive. 2. Applicant shall submit an overall development plan of the entire.`EN & PF =9 =area to the Planning Commission for review and approval concurrent with the filing - for a parcel map as required pursuant to condition no. 3. No additional con- struction shall occur on the property until the Planning Commission has approved an overall development plan. 3. Applicant shall file' final_,map combiii;ig. thi _ee lots of record comprising the - site for City approval prior to the issuance of an occupancy permit for the new structure. 4. Applicant shall pay to the city prior to any building or construction permits being issued on the site, 35 percent 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. 5. Applicant shall pay to the city prior to occupancy of the proposed building, 15 percent of the total cost toward the future installation of a traffic signal light at the intersection of South Higuera Street and Prado Road. Costs shall be determined by the City Engineer. The city will install the signal when sufficient funds are available. 6. Use of the proposed building shall be limited to the offices of government human services agencies dealing directly with the general public. Exceptions may be approved by the Community Development Director for semi- public or non- profit private human services agencies. Exceptions for non -human services governmental agencies, or private human services businesses may be approved by the Board of Adjustments. 7. Applicant shall install bicycle racks and motorcycle parking areas to the approval of the Community Development Director and Architectural Review Commission. 8. Applicant shall grant an avigation easement to the County of San Luis Obispo for the entire property. Said easement shall be to the approval of the County Airport Land Use Commission. 9. Applicant shall obtain approval of the County Airport Land Use Commission for building materials, height, and placement prior to issuance of any Resolution No. 4068 (19£, Ieries) T70794'- 3220 South Higudi Page 3 building or construction permits on the site: 10. Applicant shall piovide 295 city standard parking spaces. 11, The property shall be maintained in a clean and orderly manner. All plant materials shall.be maintained and replaced as necessary. 12. In the event traffic 6ignali_zation is not completed in two years (Conditions 4 & 5) the•.matter will be referred back to the'City Council for determination of cost participation. SECTION 3. Based on the findings set out in Section 1, the Council hereby upholds the appeal from the ,Planning Commission's denial of use permit application No. U0794.. On motion of Councilman Jorgensen, seconded by Councilman Dunin, and on the following roll call vote: AYES: Councilmembers Jorgensen,•DUnin, Bi11ig, Bond and Mayor Cooper NOES: None ABSENT•. None the foregoing Resolution was passed and adopted this 2 day of January; 1980. ATTEST: Approved- .City A inistrative Officer City Attorney Director of Commknity De lopment i RESOLUTION NO. 4067 (1980 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR MISSION PLAZA EXTENSION, BROAD STREET TO NIPOMO STREET WHEREAS, the City of San Luis Obispo has prepared and circulated for comment a draft environmental impact report for the extension of Mission Plaza along San Luis Obispo Creek �f rom! Broad Street to Nipomo Street; and WHEREAS, the environmental impact report described the project, its setting, likely environmental consequences, and alternatives and mitigation measures which would reduce or eliminate significant impacts; and WHEREAS, issues raised during the public review period have been responded to and such comments and responses have been incorporated in an appendix to the draft environmental impact report; and WHEREAS, the Council held a public'hearing January 2, 1980, to consider both the environmental impact report and the project, at which testimony was offered and considered; and the Council concluded the environmental impact report was sufficiently accurate and complete to allow informed decisions on the project itself. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Environmental Impact Report for Mission Plaza Extension is certi- fied as conforming with the California Environmental Quality Act, the Guidelines of the�.California Resources Agency, and the City's Environ- mental Impact Procedures and Guidelines; 2. The Community Development Department shall publish a Final Environmen- tal Impact Report to be a permanent part of the public record and to be used in the detailed design, construction, operation, and maintenance of the project; R 4067 Resolution No. 4067 3. Staff. ;shall _file the necessary notices.. as required by state an &_•city guidelines upon project approval. 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 NOES: None ABSENT: None the foregoing Resolution was passed and adop 19 80. ATTEST: City erc J. H. Fitzpatrick APPROVED: City ministrative Of er City Attorney Community D vel6pme 6 Department. this 2nd day of January , R: Cooper 1 Day 1 Affidavit Publish by Sat.,. 12/22/79 l City of San Luis Obispo (Logo -Art) City Council hearing PUBLIC HEARING: EIR FOR MISSION PLAZA EXTENSION MEETING AGENDA DATE JAN 2 ITEM # The San Luis Obispo City Council will hold a public hearing Wednesday, January 2, 1979, to consider an environmental impact report (EIR) on the proposed Mission Plaza extension in the area shown on the map below. The Councii will decide whether the EIR is accurate and complete. If the report is accepted, the Council will decide details of the project itself. The hearing is to begin at 7:30 p.m., in the Council Chamber at City Hall, 990 Palm Street. W.H. Ftr ATro.�Ck J.H. Fitzpatrick, City Clerk CITY COUNCIL Community Development ST FOR Lee Walton, Administrative dmY Officer MEETING DATE January 2, 1980 BY Glen Matteson;''Assistant Planner ITEM NO REPI ORTVIA .Henry Engen, Community Development Director PROJECT ADDRESS San Luis Creek =Broad to Nipomo FILE NO. SUBJECT: Mission Plaza Extension - Environmental determination and design choices SITUATION The Council has tentatively approved a concept plan for the extension of Mission Plaza and has retained a landscape architect to prepare detailed plans. An Environ- mental Impact Report has been prepared and circulated for comment. The Council must consider the EIR and endorse a specific design. STAFF POSITION The Council should (1) certify the EIR as conforming with state and city guidelines, and (2) decide several issues of project design, outlined with staff suggestions below. DISCUSSION /RECOMMENDATIONS The EIR discusses several alternatives to aspects of this project. Also enclosed for Council information are an itemized cost estimate prepared by Richard Taylor and a "grouped" cost estimate Which -I prepared using Taylor's figures to break out certain design features. These are the major issues which have emerged: 1. Should a new retaining wall approaching the Nipomo Street bridge be built? The wall will have a detrimental effect on creek habitat and will be a dramatic visual change. It will have limited flood protection benefits. Cost: $36,000. RECOMMENDATION: Don't build the wall now. If it is built now, it should be funded from the flood - deficiency- correction fund, not the plaza extension budget. 2. Should the kukuya grass be eradicated to make way for more desirable plants? Permanent eradication doesn't appear feasible, though it could be brought under control sufficiently to allow other plants to compete. Because it grows to the water's edge, contamination by using herbicidessseems*.tneVi'tabl:e. RECOMMENDATION Don't try to eliminate the kukuya grass with herbicides; allow it to remain part of the landscape. Cray of San Us mid 9--4 I Page 2 Mission Plaza Extension Meeting date- 1/2/80 3. What's happening with the walkways along the creek side of Higuera Street properties? The new building at .674 Higuera Street (Zevely) will make it more difficult to continue the upper -level walkway than originally planned. (See attached sketches) The steeply sloping bank which drops away beneath the balconey makes it necessary to span between potential balconies of adjacent buildings in order to continue the walkway begun along the Phoenix Building. RECOMMENDATION: The council should establish as policy the intent to have a continuous upper level walkway, to be implemented through Architectural Review Commission approvals as projects are proposed. Councilmembers should raise any other issues which would result in changes from the preliminary plan. Attachment: Mission Plaza extension walkways sketch Enclosures: Draft Environmental Impact Report Itemized cost estimate - Richard Taylor, 10 -19 -79 Grouped cost estimate cc: Richard Taylor, Landscape Architect Jane Lily ORB Chairperson Linnaea Phillips, Plaza Events Coordinator GM:cs 12 -13 -79 rev. 12 -26 -79 JOH1%.4V (NELSON OFFICE EQUIPME� T CO. 690 Higuera Street San Luis Obispo, California 93401 Phone: (805) 543 -7347 Mr. Jean Fitzpatrick City Clerk City Hall San Luis Obispo, CA 93401 //� December 26, 1979 Subject: Mission Plaza Extension,Meeting on Wednesday, January 2, 1980. Enclosed is a copy of a letter we have written to all the members of the City Council. We want it read into the record at this meeting. Thanks a lot. hn B. Nelson Eliz eth B. Nelson AOOING MACHINE,,S • CALCULATORS • CASH REGISTERS JOHN..Y NELSON OFFICE EQUIPMEa.f CO. 690 Higuera Street San Luis Obispo, California 93401 Phone: (805) 543 -7347 We request that the pedestrian area shown on our property be permanently deleted. Incidentally, that part of our lot referred to as "the alley" between Nelson Office Equipment and McLintock's, is not a public alley. It is our private driveway and a part of our total lot. We wrote a letter to Mr. Matteson of the City Community Development Department in which we pointed out that our driveway and parking area are absolutely essential to the operation of our business. The Department responded to that letter by sending us a copy of their page S -4 SUBJECT: .Impacts from use, Public vs. Privacy. In essence, they are now telling us that there is no immediate plan by the City to develop our driveway and parking area in the rear of our store into the Mission Plaza Extension. They also say, and I quote from portions of their response as follows: 11 ..... planning staff explained that this pedestrian area was not suggested for IMMEDIATE CHANGE OR CONSTRUCTION by the City— that the pedestrian access WOULD BE DEVELOPED as the PROPERTIES WERE REDEVELOPED AND USES CHANGED." This is why we are requesting that our private driveway and all the rest of the lot . be permanently deleted from Mission Plaza Extention Plans. They also say that any remodeling or any change of use attempted by us would result in the City going ahead with their pedestrian area plans for our property. We're sure everyone can see that this situation puts us in a very bad position in case we should want want to lease or sell our building. AOOING MACHINES - CALCULATORS - CASH REGISTERS .. Page 2 1 J As we understand it, any business who might want to lease our building, or any person who might want to buy our property, would be faced with this Public Pedestrian Ease- ment. This would have a very detrimental effect upon the value of the property. In essence, they are now telling us that there is no suggested immediate change or construction by the City, but that this pedestrian access will be developed in the future. As we understand it, if we were to make any change in our property for our own use, this too, would be denied in favor of the Mission ,Plaza project plans. We. are requesting that our private driveway and the rest of our lot be permanently deleted from the Mission Plaza Extension,Plan. We have another comment concerning the subject. This isolated area behind our store, boxed in by our building, the Aggson's Paint Store building and McLintock's Saloon's six foot high patio fence, is not a place to be cornered in at night. We do have a light in back which lights up the area, but it has been broken and put out on many occasions. This area, as well as some others in this project, are especially isolated and may present problems. Was there a security or public safety study made for the whole Plaza Extension project? .If not, should such a study be made before final approval by the City Council ? We appreciate this opportunity to express our thoughts. Thank you, Jo B. Nelson Eliz beth B. Nelson ?Ii3-_lRL) B. TAI LOR PTA, ASL? & ASSOCIAT_, 100 :J. HOPE AST. 16, SANTA BARBARA, CALIF. �y %'% Date Oct L , 1979 PRGTECT ESYU"ATE a 2 nf Job Name Prelimi.nazy { P-LISSICV PLA?A (RLA.SE IV) SA "d LUIS OBISPO, CALIFOR[4IA Final ❑ DFSC=ICN UNIT QUANTITY UNIT COST TCIPAL MST g. 4' wall in creek supportinq 4' LF 105 $ 100. S 10,500 stone walk under Broad Street Bridge I h. Brick pavinq on sand alonq south Sr 4,600 5 4, �S 18,400 side of creek i.. tul steps excer.)t curved stone stece -'? north end of bridge LF 170 S 20. $ 3,400 j. Stone seats @ A-rphitheater inc. LF 230 $ 25. $ 5,750 concrete rrm striio k. Cross walk stamped concrete Nunn, St. inc. roadway derrolitio SF 400 $ 10. $ 4,000 1. Pedestrian bridge LS $ 15,000 m. Stone -faced concrete bridge LS $ 12,000 abutments _ SUBTOTAL S 131,100 °urru.shings d `liscellaneous a. O*nar�.tal railing G pedestrian LF 140 $ 30. S 4,200 bridge abutraant � b. Ornarremtal railing on south ba-:k 1 LF 330 I 30. S 9,900- -wa11S � I c. Bendies 6' wc_�x EA } 12 1$ 600. $ 7,200 d. Trash containers ' r T� 7 S 400. $ 2,800 e. Vehicular bridge railinu.s 1. 5road Street. (west situ-) inc. I L.. I A,) i00. 5 4,000 r moval of existing cone. and a.:.ir ":' :: o F 12 x 1.2 col ' d cone. curb i 2. N}rrx.o St. (_.ast Side) Ul 75 $ 100. $ 7,500 i Light `i::tures i i Br r'.r�C i EA 3 $ 21000. � 6,000 2. Low Level .nlr, l.ichts LA 6 > 450. S 2,700 ( g. Dr_ir�:i�r, fo:ntain >1 I S x,000. 1,000 ?Ii3-_lRL) B. TAI LOR PTA, ASL? & ASSOCIAT_, 100 :J. HOPE AST. 16, SANTA BARBARA, CALIF. �y %'% 10 1i Am RICF7.AP) B. TAYLOR AIA, ASLA & ASSOCIATE, 100 N. HOPE AVE. 46, SANTA BARBARA, CY=F. 1�7rZO Date 19. 1979 PrTECT ESTU%TE Job'Nasre Preliminary MISSICN PLAZA (PHASE IV) SAN LLJIS OBISPO , CALLPOFUTA Final. CESCP=ICtN UNIT QLW, r=z UNIT COST TC TAAl COS" h. Telephone EA 1 $ 1,500. $ 1.,500 i. Tree wells EA 7 $ 200. $ 1,400 j. Boulders US 13 $ 12,000 k. Stepping stones in creek LS 6 $ 7,000 1. Slone steps to creek SF 250 $ 25. $ 6,250 m. Tot lot 1. Sand, stone walk, curb & bend is S 2,700 2. Play equipment S 5,000 n. Stone facing 1. New walls SF 3,625 $ 9.50 $ 34,437 2. F.xistina walls SF 3,000 $ 9.57 S 28,500 -- ..—..- -- - - - -- SC.BTOTAL E 6 $144,087 Planting (south side of creek) a. Groundoover FIAT 15 $ 20. $ 300 b. Trees EA 27 S 100. $ 20700 c. Shrubs FA 200 S 7. S 1,400 d. Soil preparation and fine grade sr7 1,520 S 15 S 228 $ 4,628 SU3'P(7PAL Plantinc, (north side of creek) a. Gy.,o i0cover FLAT 40 S 20. p00 b. Trees EA 33 S 100. 3.300 j c. Shrubs EA 200 $ 7. 1,400 d. Turf SF 6,662 $ .35 2,332 e. Sci1 preparation and fine grade SF 17,720 $ :1.5 2,658 f. Poisoning and removal of Kukuya LS 2,500 pi0 _ grass SUBTCIPAL RICF7.AP) B. TAYLOR AIA, ASLA & ASSOCIATE, 100 N. HOPE AVE. 46, SANTA BARBARA, CY=F. 1�7rZO 12. 13 14. i i- PFd1TECP ESTIfTE Date Oct 19. -1479 A Job "Name PreLiminary nUSSION PLAZA (PEASE IV) SA^i LI TIS CBISPO, CALTM. T;TTIA Final Q DESCP=ICN UNIT rx. T Y JDTIT CDST T YM COST Irrigaticr. a. Irrigation system (both sides of creek) SF 19,240 S 1. $ 19,240 SUBTrJPAL $ 19,240 60 day Naintenanoe LS $ 1,200 SUB'IY7PAL $ 1 , 200 TOTAL $409,165 Alternate Bid Item a. Rewor'.< existing parking lot, inc. LS $ 9,000 moving driveway b. Nipomo St. Bridge railings (both sides) inc. 12" conc. curb IF 125 $ 100. $ 12,500 c. Restroom Building LS $ 50,000 S 70,500 SUBTC7PAL TOTAL $478,665 103 Contractor's Profit $ 47,866 1.5$ Bonds $ 7,998 rMND TOTAL INCIUDDVr, $5340429 AL=4ATE BID =11S o ur NQo RT.CHAM B. TAYLOR AIA, ASIA & ASSOCIATE, 100 N. HOPE AVE. #6, SANTA BARBARA, CALIF. / 1. 2. 4. 5. 6. 7. E 8 0 ?IC?aARD r.. .AYLOR PIA, ASIA & ASSCCTA'?E, 100 N. HOPE, AVE. A6, SANTA BP.FW.RA, CALIF. Date Oct. 19, 1979 PROJECT ESTLWTIE Job' Nacre Preliminary MISSION PLAZA (PHASE IV) SAN LUIS OBISPO, CALI?'O.RNIA Finn Q DESCRIPTION UNIT QUANTITY UNIT ODST TOML COST P'bve on and enaineerina lavout S 1,500 Site clearing $ 21000 Cenolition (Bridge railings, street $ 8,500 paving at crosswalks, etc.) Relocation of existing utilities S 2,500 Grading and drainage S 10,000 Utilities (water, electrical & sewer) $ 7,500 SUB'.. AL $ 32,000 Retaining walls (inc. backfill, ccarr Faction and drainage) a. 8' high concrete in creek in watei LF 45 S 200. $ 9,000 at south ban{ b. 10' high concrete on north bank LF 180 $ 200. $ 36,000 c. 8'- 10'hicit concrete wall on south LF 8' -90 $ 90. $ 8,900 side of creek 2 patio level, stonE LF i0' -82 S 110. S 9,020 fac - ^.c7 and railL*]gs SDB?CIIF�I $ 62,920 Walks a. Stone caved. concrete slab, raths ST 10. 12,400 inc. stare (northside) ' Circular stone steps, camleto, SF 70 S 25. S 1,750 inc. stone 'veneer (15 stews & landina) c. Sidewalk. & alley (inc. dem. of ST 2,160 5 211600 ex?stin9) i Id. Sidf a-I'- at Nipmo Bridge S^ I 1,200 $ 5 9.600 �e. Stone paving 5' walk along south >p i 1,256 $ 10. > 12,500 side of creek f. Stone pavinq 4' walk under Broad SF 420 S 10. 41200 Street T3ridae ?IC?aARD r.. .AYLOR PIA, ASIA & ASSCCTA'?E, 100 N. HOPE, AVE. A6, SANTA BP.FW.RA, CALIF. MISSION PLAZA EXTENSION GROUPED COST ESTIMATE Item General site preparation (site clearing, relocation of electric lines„ new utility connections, rough grading) North side retaining wall South side retaining walls North side walkways (including curved stone steps) South side walkways Rebuild sidewalks and new crosswalks Stone facing on retaining walls and bridge abutments Tot lot Ampitheatre (does not include grading for same) Pedestrian bridge All steps except curved ones South side planting North side planting (including poisoning of Kukuya grass and planting of turf) Irrigation system (both sides of creek) Furnishings and miscellaneous (railings, benches, lights, trash receptacles, drinking fountain, boulders, stepping stones, etc.) for both sides of creek Telephone Pre osinary Es ��mate' "' $ 32,000 36,000 26,920 28,850 30,900 35,200 74,937 7,700 5,750 1.5,000 3,400 4,628 12,990 19,240 71,950 1,500 Sixty -day maintenance 1,200 TOTAL Alternate bid items: 408,165 Rework City parking lot 8,000 ( IvO). Nipomo Street bridge railings and curbs 12 9500 Restroom building (not shown in plan) 509000 478 v M Contractor's profit and bonds X559764 GRAND TOTAL - -- _ $ 5343,429 First year construction cost estimate assuming tot lot, ampitheater, and southside improvements are deferred, stone facing is not installed, no alter- nates are included, and northside retaining wall is deferred or funded from flood control account: I ri d KW r l+ -a ,e A 4-vt , .218,800 �D 22�C -Vo / _ r -� G1TY F&F -KIN4 �T •�vv:•}:fi: ?.y"�'' y�•i}:•fis••'Y ti f.•:•: +�: },:•:titi;:,vtiv,: {Y'}•;n•'' • '.{ -,,%" .•;' {:,•Y:fifi:$ti{:;:v:firr:fi: •.•.•: •:: {;•.;.fifi:•:•:ti:::•::.. t { . •.tier: i:.ti?:4 •::::::: •.•:: •:• • • �; ® l Z ZU ^ 1 i ! zit ! 1 E L E D ! -C 4 Ul s �� ZE�LI.'% �L�b rd6LCdJY o` -6 v K ON P. D v Z 1�R °Am 11 I rq M 1 A ;•. wt C Zl 6 -lo 49 A�l A C Z I 64REEX7j7,,-r/ .. G r Z r` z n z , p3Ros5.p 5�- II 7 D m d .'0 T L\ q IN N� Z)rIh- r I� w z Zti 79 RESOLUTION NO. 4066 (19 80 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: "TRACT 444 - STREET TREE PLANTING" ESTIMATE: $9,000.00 BIDDER: Dennis Landscaping Company CITY PLAN NO: D -40 BUDGET ACCOUNT: 60- 9000 -000 $6,360.00 11- 5712 -173 3,135.00 BID AMOUNT: $9,495.00 SECTION 2. That the City Clerk is directed to .prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilwoman Billig.. seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilmember Billig, Mayor Cooper, Councilmembers Dunin and "Jorgensen .,... NOES: Councilman Bond ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of January , 19 80. _-In ATTEST: C CLERK J.H. FITZPATRICK APPROVED: City A st ti a cer R 4066 -- tl.r: � n K RESOLUTION NO. 4065 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE OFF -SITE IM- PROVEMENTS FOR MINOR SUBDIVISION 78 -09 AT THE INTERSECTION OF ROSITA STREET AND CERRO ROMAULDO, WALT ROSS, DEVELOPER BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Off -site improvements for Plinor Subdivision 78 -09, at the inter- section of Rosita Street and Cerro Romatildo, 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, Billig and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen the foregoing resolution was passed and adopted this 2nd day of January , 1980. ATTEST: CITY I J.H. FITZPATRICK APPROVED: City Officer City Attorney r� erector of Public Services R 4065 • 2 Zy O z • •a ' M u r mr ' o m m yo m L 1 3 � 0 . I` I Rr r~ �l •/ . Jr/ r r r N R >� { � 1 I ♦ � n — s R —�— ` I` ♦ I J�a W 3. U1 •.II 1 h ✓.17 - .] �•. \ �. 1 • y, �M .1 OAS? ' � .1`� _ .]� � ••w.♦. an.• I .. � - \, it I•' I Id I •�F _'� a / P�� c' JAWS ,,w.md ;a� 1 CC -A I` I Rr r~ �l •/ . Jr/ r r r N R >� { � 1 RESOLUTION NO. 4064 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF. SAN LUIS OBISPO ACCEPTING THE.OFF -SITE IMPROVEMENTS FOR MINOR SUBDIVISION 77 -66, AUGUSTA AND HELENA STREETS, JOHN KING, DEV; ELOPER BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Off -site improvements for Minor Subdivision 77 -66, at the inter- F is 506 '� section of Augusta and Helena Streets, are hereby accepted for mainte- nance 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, Billig and Mayor Cooper NOES: None ABSENT: Councilman Jorgensen the foregoing resolution was passed and adopted this 2nd day of January 1980. ATTEST: CITY C J.H. FITZPATRICK * * * * * * * * * * APPROVED: Ci � - i�tr ti ficer City Attorney Director of Public Services I R 4064 . I I ' it I a t IL r • I� oy I, Q QFOf2.„i Z nOjV J��f . / ZY �•_ �3di ��iC . a .7 41 s ' ate. ,.: 4 • � t.� "� -� :1 Ll� I ai y '• ya , i� � rid : �� � �: � )° a 2e L y 0; a� \ 010 d 09 It It it V i 7 � �L ] ��V � 55� \ ��qIN d sZ:: •$• rOJ • e .-1 .:iI r d L4 Li+ iA ' �1 \ .Sr'. uy' .t, (. ]1 ", ear •�' � � � j0 ,° Yy fN •• Y�I � I d.• o0 .g m S ° • .o ` � m • w� 3„ ' =3 �7 Y� 0 J W � 2 atd� „8 5a .'. lal � J I, Q QFOf2.„i Z nOjV J��f . / ZY �•_ �3di ��iC . a .7 41 s ' ate. ,.: 4 • � t.� "� -� :1 Ll� I ai y '• ya , i� � rid : �� � �: � )° a 2e L y 0; a� \ 010 d 09 It It it V i 7 � �L ] ��V � 55� \ ��qIN d sZ:: •$• rOJ • e .-1 .:iI r d L4 Li+ iA ' �1 \ .Sr'. uy' .t, (. ]1 ", ear •�' � � � j0 ,° Yy fN •• Y�I � I d.• o0 .g m S ° • .o ` � m • w� 3„ ' =3 �7 Y� 0 J W � 2 atd� „8 5a RESOLUTION N0.4063 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -78 -282 LOCATED AT 2314 AND 2324 BROAD STREET, DARWIN BRUSSOW, 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. 3790 (1979 Series). SECTION 2. Condition 2 of Resolution No. 3790 (1979 Series) is hereby altered to read "A note shall be placed on the final map stating "Parcel A and Parcel B shall remain under common ownership and the line between said parcels shall be considered a lease line until such time that the existing metal warehouse is provided with a fire wall, approved by the City, or removed ". SECTION 3. This Council hereby grants approval of the final map of Minor Subdivision SLO -78 -282. 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 2nd day of January 1980• 4YOR LYNN R. COOPER ATTEST: CITY J.H. FITZPATRICK 'R 4063 Resolution No. 4063 (1979 Series) APPROVED: City Adminis atiVe Officer /Y City Attorney 4 � �Q� .0%. - City Engineer s _ B EO qD .S`M.Eh7 -- 2;R-7 -T :eF -) _ A2 ^ >Lnn �eNia�, .0.9k `..N.w-i�in //llI..er.Intl .a y ^ e le O mT?22 j� to qj -a 8 1 -- i k'� a 70 Maa�,N Cc 8-- - - -r.^ h a a y yu C<i T s, �II O ,�ew��D Ic9.9i __:' n i' 0Z�'4 � h 5. �0 W .. ��1 • � L 2A4�� a Ro lTTlo � Von r pp'I 1'I IIT _� i�ag�° �4 axizrz p. p bATTO� a i '�♦Ca � 4a � 2 °aZ^ � y �•' � oa ^T 44 a z�r R i. °n,tia�z � a Gm� 4 * oaf 2Ybaa a3°��Zua MY wild i`1' sit P n �3" T y F A o M:,wl�I� t? *yyaa Y n pv . n N on "2�Z�O ti n Te <ym T �4`Y, ti a §M a ; ��� n TT�^�g Z u . kit �£T lot °. y�oT eae °Io,p� WI Z � A� °� Ol \ Zq °coats a �2�TO n 3 4a <G�� y. tiamss as e� �'a �Zo u oe a : �,UT � � co:�mT � �ti�m•` � � o ^YSo � `� kk ?I ��Yl« � � �i �a• � a T .' a3 �2Ae��� Z I av .a not 7. acs 600 K RESOLUTION NO. 4062 (19 80 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF'SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE CALIFORNIA DIVISION OF HIGHWAYS FOR WATER LINE RELOCATION - CUESTA GRADE 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 California Da*ision of Highways 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: California Division of Highways, Utilities Engineer /Superintendent Bob Mote. 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 2nd day of January , 1980. ATTEST: City efk .J.H. Fitzpatrick R 4062 Resolution No. 4062 (1980 z)eries) APPROVED: City Adminis a Officer / ** City Attorney Utilities Engineer /Superintendent STATE OF CALIFORNIA DEPART \LENT OF TRANSPORTATION INTERSTATE NOTICE NO -------- .3.84-,.0-.- 11--------------- FORM DH -ORW 39 (REV. 7.79) - -. SOURCE CODE NO._ --0. 5400------------------ ---------- ----- OWNER'S FILE UTILITIES AGREEMENT N0.___384.0_.11__ FIRST PARTY: State of California, acting by and through its Department of Transportation, hereinafter called STATE. SECOND PARTY: _.City of San Luis Obispo hereinafter called OWNER. I Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE bydit` : for that portion of the facility lying southerly of the quarter section line of Section 18 in accordance with Section 703 of the Streets and Highways Code, and by City for that portion of the facility lying northerly of the quarter section line of Section 18 in accordance with Section 673 of the Streets and Highways Code. II The work to be done consists of the relocation of Owner's existing 10 -inch gravity flow, water main, to be replaced with an 8 -inch facility, and the extension of the 1 -inch service to the new tie -in point on the north, from H.E.S. 134 +50+ to H.E.S. 150 +50 +, in connection with the combination freeway and conventional highway project to construct retaining walls, grade, pave and construct median barrier from 0.3 mile south of Old Highway 101 to 0.2 mile north of Ryan's Gate, Road 05 -SLO -101, P.M. 32.4 to 32.5, as follows: 1. Install 1600 l.f. of 8 -inch ductile iron class 52 pipe, . 340 l.f. of 1 -inch galvanized iron pipe and relocate existing 3 -ft. x 4 -ft. concrete box. 2. Is in accordance with Notice to Relocate No. 384.0.11, dated April 27, 1979. !!n -, 65 9f Route P. M. E. A. ECounty SLO 101 32.4/33.5 218389 - -. SOURCE CODE NO._ --0. 5400------------------ ---------- ----- OWNER'S FILE UTILITIES AGREEMENT N0.___384.0_.11__ FIRST PARTY: State of California, acting by and through its Department of Transportation, hereinafter called STATE. SECOND PARTY: _.City of San Luis Obispo hereinafter called OWNER. I Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE bydit` : for that portion of the facility lying southerly of the quarter section line of Section 18 in accordance with Section 703 of the Streets and Highways Code, and by City for that portion of the facility lying northerly of the quarter section line of Section 18 in accordance with Section 673 of the Streets and Highways Code. II The work to be done consists of the relocation of Owner's existing 10 -inch gravity flow, water main, to be replaced with an 8 -inch facility, and the extension of the 1 -inch service to the new tie -in point on the north, from H.E.S. 134 +50+ to H.E.S. 150 +50 +, in connection with the combination freeway and conventional highway project to construct retaining walls, grade, pave and construct median barrier from 0.3 mile south of Old Highway 101 to 0.2 mile north of Ryan's Gate, Road 05 -SLO -101, P.M. 32.4 to 32.5, as follows: 1. Install 1600 l.f. of 8 -inch ductile iron class 52 pipe, . 340 l.f. of 1 -inch galvanized iron pipe and relocate existing 3 -ft. x 4 -ft. concrete box. 2. Is in accordance with Notice to Relocate No. 384.0.11, dated April 27, 1979. !!n -, 65 9f III The work shall be performed substantially as shown on Sheet 2 of 2 of C.C.O. No. 3 for Contract No. 05- 218384, undated, a copy of which is on file at the District 05 Office of the California Department of Transportation, 50 Higuera Street, San Luis Obispo, CA. Minor deviations from said plan may be made and incidential work performed when mutually acceptable to both parties and upon approval by the State. IV City of San Luis Obispo agrees that the necessary work shall be performed and /or caused to be performed by the State's highway contractor under the authority of C.C.O. No. 3 for the agreed upon cost of $44,455.15.. V It is also agreed that the State's responsibility for that portion of the work performed pursuant to Section 703 of the Streets and Highways Code is the flat sum of $28,25.2..25, while the City's responsibility for that portion of the work performed pursuant to Section 673 of the Streets and Highway Code is the flat sum of $16,202.90. VI It is further agreed that State shall not bill City for their portion. of the costs of the relocation work to be performed until after July 1, 1980. VII Upon completion of the work, all future maintenance shall be the responsibility of the City. Flat Sum City jR3tk2Gjcd Cost toA,,Ay& $.. -16 , 202.9.0 STATE CITY MXIAI IR agrees to perform and SUWMagrees to pay for the above - described work in accordance with the_ terms__ of :__this___agreement--------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------------- - - - - -- ---------------------- IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. APPROVAL RECOMME.\'DED: APPROVED: District Right of Wad Agent Right of Wad Clearance Agent - City_of San Luis Obispo ------ - - - - -- s'L_yNJY R. C0.Q_PER------------------------------------- - - - - -- ----------- -yJ.H. FIT ----- K. ------------------ -------------------------------------- - Owner.... STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BJ--------------------------------------------------------------------------- - ----- ---- - -- --- EST. $157. 19317-500 7-13 10M Q A OSn _ fi c5 I.j�o�i RESOLUTION NO. 4061 (1979 Series.) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF LORRAINE TERRACE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of Lorraine Terrace as shown on the map marked Exhibit "A" attached hereto and thereby incorporated herein, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are available in the Offices of the City Clerk and the Community Development Department. SECTION 3. February 5, 19.30, at 7 :30 P.M., in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this Resolution. SECTION 4. This Resolution, together with the ayes and noes, shall be published once in full, at least three days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this City. SECTION 5. The City Engineer shall post at least three notices of the proposed abandonment along the portion of the street proposed to be abandoned at least ten days (10) before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. R 4061 Abandonment Resolution No. 4061 (1980 Series) page 2 On motion of Councilman Jorgensen ,seconded b7-Councilwoman Billie and on the following roll call vote: AYES: Counclmembers Jorgensen, Billig, Bond, Dunin and Mayor Cooper NOES: None. ABSENT: None the foregoing Resolution was passed and adopted this 2nd day of January , 1980. . Lynn R. Cooper ATTEST: Cit C erk J.H. Fitzpatrick. APPROVED: City AdAhistfaltevf Officer City Attorney Community D velopm Department r� .n \F\ CERTIFICATE OF POSTING NOTICE OF HEARING ON PROPOSED ABAND0NT,:-ENT Portion cf Lorraine Terrace STATE OF CALIFORNIA I SS. Connty of San Luis Obispo The undersigned, Philip Williams. perjury, Certifies as follows: ,under penalCy of That at Lh• instance of and for and on behalf of the My Engineer of the City of Snn Luis Obispo, ---he posted Notice of Hearing in accordance wi& v0SOKt10n."0. 4061 A Resolution of Intention to Ahandoq a portion of Lorraine Terrace �y thi? City Council on January 2 1980 niong Lho proposed :ii)ai;d!)ni!:t_nL,- Ltr not more than 300 feet apart, and not less than three in al:: Lh:t;: !;;Ij.d Posting was fully completed on the 23 day of Jan. 1980 Lunt a COPY Of Said Resolution Of Intention to Abandon is attached herato, 'ExhibiL ; !A'' and by reference made a part hereof. E-xc•cu;:cd on ti: -.. _29 day of cc: City Clerk Jan. 19 80 Philip Williams RESOLUTION No. 4060- -(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN AMENDMENT TO THE JOINT POWERS AGREEMENT FOR SELF - INSURANCE TO INCREASE EMPLOYEE. FRINGE BENEFITS WHEREAS, the City of San Luis Obispo has entered into a Joint Powers Agreement with other cities in the central coast area to provide workers compensation protection and liability protection to its member cities; and WHEREAS, the present members of the JPA wish to add employee fringe benefits as part of the.JPA; and WHEREAS, the following central coast cities are to be part of the expanded JPA, to wit, the cities of Arroyo Grande, Atascadero, Grover City, Guadalupe, Morro Bay, Paso Robles, Pismo Beach, San Luis Obispo and Santa Paula. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Council approve the addendum to the JPA establishing the central coast cities self - insurance fund, Exhibit "A" attached. SECTION 2. That the City Administrator, Board Member_zepresenting_,_ the City of San Luis Obispo,be authorized to sign the addendum on behalf of the City of San. Luis Obispo. SECTION 3. Participating member city will determine its own benefit structure and effective date for participation in the employee fringe benefit program. On motion of Councilwoman Billig seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Jorgensen and Mayor Cooper NOES• None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of January 1980. R 4060 c o Resolution No. 4060 (1980 Series) ATTEST: CI ERR J.H. FITZPATRICK Approved: City Admi rative Officer City Attorney KIN DYER l--� UUM ADDENDUM TO JOINT POWERS AGREEMENT ESTABLISHING THE CENTRAL COAST SELF INSURANCE FUND WHEREAS, the Cities'of Arroyo Grande', Atascadero, Grover.City, *Morro Bay, Paso Robles, Pismo Beach, Santa Paula and San Luis Obispo have entered into a Joint Powers Agreement relating to Workers' Compensation. WHEREAS, said Agreement establishes the Central Coast Self. Insurance Fund and establishes a procedure for the administration of self — insurance generally. WHEREAS, said cities intend to enter into a similar agreement to provide self — insurance relating to Employee Benefits. WHEREAS, the following state laws, among others, authorize the cities to enter into this Agreement: a. Government Code Section 990.4 permitting a city to provide insurance and self— insurance in any desired combination; b. Government Code Section 990.8 permitting two or more cities to enter into an Agreement to jointly fund such expenditures under the authority of Government Code Sections 6500 — 6515; c. . Government Code Sections 6500 — 6515 permitting two or more cities to jointly exercise under an Agreement any power which is common to each of them. —1 E r F AN 17 iS�i9 M KIN DLER Z.� LaUM WHEREAS, each of the cities desire to enter into an Agreement with each of the others for the purpose of insuring against various risks jointly, rather than individually. WHEREAS, after obtaining studies and recommendations, each city has determined that it is economically practical and for its public benefit and in its interest to do so; NOW, THEREFORE, it is agreed as follows: All of the terms of the existing Joint Powers Agreement are incorporated herein and made a part of this Agreement, except for Paragraphs I, III, IX, X, XI, and XII, which are not a part of this. addendum. I. AUTHORITY AND PURPOSE This Agreement is made under the authority of Government Code Sections 6500 - 6515 between the following cities: ARROYO GRANDE, ATASCADEKO, GROVER CITY, GUADALUPE, MO RRO BAY, PASO ROBLES, PISMO BEACH, SANTA PAULA, and SAN LUIS OBISPO. The purpose of this Agreement is to exercise jointly powers common to each city by (a) pooling on a self- insurance basis various risks in excess of established deductible amounts and up to a jointly selected maximum; (b) jointly purchasing excess insurance coverage over the self - insured maximum; (c) creating and maintaining a central loss fund to pay the cost of the self- insured portions of losses insured against; (d) implementing a Risk Management Program; and (e) providing for inclusion in the future additional cities which desire to become parties to the Agreement. -2- s U KINDLER&LAUCCI II. DEFINITIONS (1) The "Fund" means the Central Coast Self Insurance Fund. A public self- insurance fund established by an existing Agreement and separate and apart from the parties to this Agreement; (2) "Board" is the governing board of,the Fund; (3) "Administrator" is the claims administrator hired by the board to administer claims•and.make or recommend payments from the central pool. (4) "Consultant" is the insurance broker and risk management firm; (5) "Central Pool or Pool Fund" is the fund created by the Fund for the purpose of paying the cost of covered losses and administration; (6) "Covered Losses" are those losses resulting from claims by employees which are covered by.the city and are insured by the Fund; (7) "Member" means a member of the Board and includes an alternate member; (8) "Operating Fund" is the fund established by the Fund for the purpose of paying insurance premiums, administration and other costs. III. TERM OF AGREEMENT' This Agreement becomes effective upon execution by cities whose combined number of participating employees exceeds 200, as attested by the signatures and dates of execution hereof and shall continue in effect until terminated as provided herein. ARROYO GRANDE, ATASCADERO, GROVER CITY, GUADALUPE, MORRO BAY, PASO ROBLES, PISMO BEACH, SANTA PAULA, and SAN LUIS OBISPO will become participating members effective upon individual execution of this Agreement. The board may accept additional members after consultation with and the concurrence of the majority of the governing bodies of the member agencies. -3- KINDLE, R & LNUCCI ; �) IV, DUTIES, POWERS AND RESPONSIBILITIES OF FUND The Fund, or its designees, shall be responsible for the receipt, processing, review and payment.of all covered claims. The Fund shall receive, collect, invest and disburse monies paid as premiums by member agencies. The Fund is empowered to take all actions necessary to carry out the purposes of this Agreement. The Fund may hire.-or contract with persons or firms as required to carry out its legal, accounting and administrative duties and responsibilities. The Fund may establish revolving funds as necessary from which the administrator may pay claims. The Fund shall be empowered to determine contribution rates on a fiscal year basis and by April will determine excess contributions required and will determine the method by which contributions will be paid to the Fund. Each member agency consents to audit of its records and agrees to supply all information necessary to establish the contribution rate. Cumulative records will be maintained of each agency's proportionate contribution to the Fund and losses experienced. V. ADMINISTRATION The Board shall select an administrator of Employee Benefit claims after consultation with and concurrence of a majority of the governing bodies of the member agencies. The Board shall direct the Administrator of the Fund. The initial Administrator shall be Medical Care Foundations of Santa Barbara, San Luis Obispo and Ventura Counties. The Board shall review and report to each of the governing member agencies the feasibility of continuance of the program annually, but not later than March 1. —4— KIN DLER %RAUM The Board shall select a Risk Management Consultant after consultation with and concurrence of a majority of the governing bodies of the member agencies. The Board shall direct the Consultant of the Fund. The initial Consultant -shall be Kindler & Laucci. Tentative agreements relating to Administration and Risk Management with the above designated firms are accepted subject to final review, and execution by the Board. VI. FISCAL YEAR The "fiscal year" of the Fund is the period from the first day of July of each year to and including the 30th day of June of the following year. VII. FUND'S "INSURANCE POLICIES" Pursuant to the payment of monthly deposits by each city to the Fund, a plan Document indicating the plan of benefits provided to the City by the Trust Fund will be issued. Each Plan Document incepts on the date the agreement is executed between the City and the Trust Fund. The terms of each Plan Document will determine the liability of the Trust Fund. In addition, a Summary Plan Description will be issued by the Trust Fund to each participating employee. The SPD will summarize the terms and provisions of the Plan Document. In the event of dispute the terms and provisions of the Plan Document will prevail. -5- KINDLER i� L -1UCCI VIII. MONTHLY DEPOSITS r The Monthly Deposit by each City is in payment for the coverage specified in each Plan Document. Each city by the act of paying the monthly deposits accepts the coverage provided by the Plan Document. The Fund is responsible for the coverages specified in each Plan Document above the City's retention. Each city is responsible for the retention applicable to it under the Plan Document. The retention may vary from one city to another and the Fund shall take the amount of the retention into consideration in calculating the amount charged to each city for risk covered. The term "loss" includes claims paid, and incurred legal costs and all other costs related•to the handling and satisfaction of the claim. IX. EXCESS COVERAGE. The Fund shall be protected from paid catastrophic losses in excess of $20,000 per individual claim and in the aggregate in excess of fund deposits for all cities through the purchase of excess reinsurance. The Board shall have no power or authority to incur any obligation on the part of or chargeable to participating agencies in excess of the requirements for contribution to the Fund as specified herein. A participating agency shall not be obligated in any manner to contribute money to the Fund'in excess of the respective contribution as set forth herein, except that the member agencies may be assessed by the Board in its discretion for excess losses as herein provided. X. ESTABLISHMENT AND ADMINISTRATION OF FUNDS (a). The Board shall establish the following funds: 1. Trust Fund Account broken down within the Fund by expected losses and catastrophic reserves; 2. Separate drawing accounts for claim payments. KI N DLER & LALICCI (b). The Board may establish such other funds as i!: considers necessary: (c). Except for purposes of investment funds shall be separately maintained and not mingled with Worker's Compensation Funds, or Liability Central Loss Fund. The Worker's Compensation Funds are not available for payment of liability claims and the Liability Central Loss Fund is not available for Worker's Compensation Funds. Employee Benefit Funds are not available for the payment of liability or Worker's Compensation claims. (d). The Trust Fund Account shall be used only for the purpose of paying the covered losses for which the Fund is self - insured, and for establishing a reserve to cover probable future payments for claims not settled. In fulfilling the claims administration function, all claims checks shall be issued through the Fund including those for claims below and including the deductible amount. The Fund will bill on a monthly basis each city for the contracted deposit amounts. The deposit amount may vary monthly depending on changes in Employee enrollment. (e). Uperating Fund is for the purpose of paying excess insurance premiums, broker's fees, adjusting fees, administrator, consultant, legal fees, employee salaries, risk management and loss prevention services and such other operating expenses as the Board directs. -7- KINDLER2�LAUCCF` XI. KESEKVES it Excess cash reserves shall be maintained in the Trust Fund for. potential liability. If, in the opinion of the risk manager and the Board., excess reserves exist in the Trust Fund„ no rebate of those reserves may be made to the participating cities. Excess reserves may be used to reduce future premiums. XII. EXCESS LOSSES In the event that the total losses and loss adjustment expenses of the Fund in any fiscal year exceed the budgeted Trust. Funds for said fiscal year, the Board may in its discretion recover said excess. An assessment for excess losses will be applied to each entity to recover the excess losses for the fiscal year in which the excess loss occurs. Each entity will pay its pro -rata share of the excess losses for the fiscal year in which the excess losses occur. Each entity's pro- rata share will be based on the ratio of each entity's loss as a portion of total losses for the fiscal year times the excess losses which have occurred during the fiscal year. The determination of total losses for a fiscal year shall include all claims occurring during such fiscal year and all related expenses. With respect to losses the term "loss" includes all cla -ims paid and incurred plus legal costs and all other costs related to the handling and satisfaction of the claim. It is recognized that the full amount of losses as they occur in a fiscal year cannot be fully determined until all claims have been paid. The Board must make its final determination within one year after final resolution of all claims relating to said fiscal year. -8- 0 KINDLER t'- LkUCCI . XIII. LOSS RECORDS The Fund shall maintain or have maintained accurate loss records covering all claims paid and for such other matters as it requires or directs be maintained. Said records shall include all matters required in the existing Joint Powers Agreement. The Board shall insure that a complete and accurate system of accounting of the Fund shall be maintained at all times consistent with established accounting procedures. The Fund will file annually with participating agencies, within two months after the close of the fiscal year, a complete statement of income and expenditures made during the prior fiscal year. The Fund will maintain a cumulative monthly statement of all claims paid. Said.monthly cumulative report shall also include a cumulative statement of payments made on behalf of each member agency. The Fund will furnish all agencies with a summary of the method used in determining assessments against each of the agencies of the projected premiums for the following fiscal year and shall do so no later than :iarch 15th so that agencies can exercise their option to terminate. Books and records of the Fund shall be open to inspection at all reasonable times by representatives of the cities. The Board shall either make an annual audit or contract with a certified public accountant to make an annual audit of the accounts and records of the Fund., In each case, the minumum requirements of the audit shall be those prescribed for the annual audits for City Governments under appropriate Government Code Sections and shall conform to generally accepted auditing standards. Audit costs are a charge against the operating funds of the Fund. e KINDLE, LR 1-:� Uk CCI XIV. INITIAL DEPOSLf OF PREMIUM The Trust Fund and Operating Fund shall be established initially by the deposit of a sum of money by each agency party hereto based on the level of benefits established in the Plan Document for each City. The payment schedule for fiscal year 1979/80 shall be based on the Monthly Deductible Factor assigned to each of the agencies for the plan year ending June 30, 1980 and shall be adjusted pro -rata based on date of membership. The foregoing deposits will be adjusted for each subsequent fiscal year as herein provided. The specified monthly amount shall initially be deposited in the Fund on or before January 10, 1980 or date of membership. A participating agency shall not be obligated for any additional charges to the Fund in excess of the respective contribution as set forth herein, except member agencies may be assessed by the Board for excess losses as herein provided. XV. CHARGES TO CITIES The consultant shali calculate annually the amount of the premium payments for risk coverage required by member cities. The board shall approve each charge before it takes effect. Premium payments will be determined by the Board based on the recommendations of its Administrator and Consultant. Each risk.coverage charge shall be calculated in a reasonable and prudent manner. For second and subsequent years, the risk coverage charge to each City may include a surcharge for loss experience in addition to the standard insurance premium. In connection with its determination of insurance premium -10- KIN DUR t� IAUCCI _) J rates the Consultant will use recognized insurance practices and shall consider, among other factors, the loss history of each individual entity. The consultant shall make premium recommendations and the board shall make final determination. Interest shall accrue on past due obligations at the rate of ten percent (10 %) per annum and each entity agrees to indemnify the Fund for any expense resulting from failure to pay the sum due on or before the due date. XVI. FUND FUNCTIONS AND RESPONSIBILITIES The Fund shall perform the following functions in discharging its responsibilities under this agreement. (a). Provide claims management services; (b). Provide claims recovery and services; (c). Negotiate and purchase excess insurance policies; (d). Provide loss analysis control by use of statistical analysis, data processing, record and file keeping services. The purpose of this information is to identify high exposure benefit areas, and to evaluate proper level of self— retention and deductibles; (e). Conduct audits to review the participation of each city in the program. Each entity consents to inspection of its records and contracts and to be audited by representatives of the Board for purposes of assessing each City's participation; % —11 (f). Select legal coun::el; (g). Perform other functions as required by the hoard for the purpose of accomplishing the goals of this agreement. XVIL CITY RESPONSIBILITIES Each city has the following responsibilities: (a). Appoint its representative and alternate to the Fund Board; (b). Cooperate fully with the Fund in reporting claims; (c). Establish a claims procedure; (d). Provide Worker's Compensation Coverage; (e). Require 30 days written notice of cancellation or material change of any insurance policy provided for the benefit of a city's employees. (f). Upon withdrawal from the Fund, City shall remain responsible for any claim expense and any other costs which it has incurred while a member of the Fund and for any losses as specified in Article XIX herein. XVIII. CANCELLATION By a two — thirds vote of the Board for non — compliance with this agreement, the Fund may refuse to issue a Plan Document or may cancel any Plan Document issued by it effective as of the close of the fiscal year. In the event that the loss history of an individual entity significantly exceeds the loss history of the other participating entities, the Board, by two — thirds votes, may elect to cancel the Plan Document of an individual —12— 5 KI N DLER t:� LAUCCI11-.' entity and terminate,its participation in the Fund effective as of the close of the fiscal year. The Board will provide at least 90 days notice to an entity of its intention to terminate that entity's participation and will provide an adequate opportunity to respond. XIX. TE Rill INATION AND WITHDRAWAL. This agreement may be terminated upon the consent of all the parties to it. A city may withdraw as a party to the agreement at the end of any fiscal year.upon the giving to the Fund three months prior written notice of its intent to withdraw. In the event a city voluntarily elects to withdraw from the Fund said city shall be entitled to its contributions to the Trust. Fund after all claims and other obligations have been satisfied. Any compensations due any member, at the time of withdrawal, shall only be paid should the Fund possess cash reserbes which -in the opinion of the Board of Directors, the Risk Manager, and the Administrator, exceed the amounts necessary to meet the current and future costs of the collective claims filed or expected to be filed on behalf of (the) plan participants. Subject to the foregoing, distribution of such compensations shall generally be on the basis of 1/5 of the total eligible portion of such contributions to be paid within the year of; withdrawal with the 4/5 remainder to be retained by the Fund until such time as the Fund shall be terminated. An entity shall hot be liable for future losses effective as of Elie last day of the fiscal year after the date of its withdrawal but shall remain liable for all excess losses occurring pr -ior to the date of its withdrawal. An entity shall give not less than 90 days written notice of its intention -13- a • KIN DLLRt�!AUCCI'-- i J to withdraw and the withdrawal shall be effective as of the close of the fiscal year. The right to recover a contribution relates to that amount placed in the Trust Fund as a reserve for losses and not to administrative expenses, excess policy costs and other expenses actually incurred by the Fund. XX. DISPOSITION OF ASSETS UPON TERMINATION Upon complete termination of this Agreement by all cities and the settlement of all liabilities and claims, including incurred but not reported claims, all property of the Fund shall be divided among the cities in a ratio equal to that of the total amounts paid by the cities to the Fund for the five fiscal years preceding the year in which the agreement is terminated. XXI. NOTICES Notices to cities under this agreement shall be sufficient if delivered to the office of the City Clerk. Notices to the Fund shall be sufficient if delivered to the office of the Chairman of the board of Governors. XXII.MISCELLANEOUE (a). The section headings in this agreement are for convenience only and are not to be construed as modifying or governing the language in the section referred to. (b). Whenever in the agreement consent or approval is required, the same may not be unreasonably withheld. XXIII. XMENDMENT This agreement may be amended by resolution of the city councils of two — thirds of the then participating cities. —14— KINDLE, R & LAUCCI , UIV.BOARD MEETINGS AND RECORDS (a). by —laws and Regulations: The Board may adopt by —laws, procedures and regulations which are not inconsistent either with applicable law or with this agreement. The risk manager shall send to each city each by —law and regulation and amendment promptly after its adoption by the Board. :XV. POWERS The Fund is authorized, in its own name, to do all acts necessary for the exercise of all powers provided for herein including, but not limited to each of the following: 1. Make and enter into contracts; 2. Incur debts, liabilities and obligations but no debt, liability or obligation of the Fund is a debt, liability or obligation of any city which is a party to this agreement; 3. Acquire, hold or dispose of real and personal property; 4. Receive contributions and donations of property, funds services and other forms of assistance from any source; 5. Sue and be sued in its own name; o. Employ agents and employees; 7. Acquire, construct, manage and maintain buildings; 8. Lease real or personal property including that of a member city. 0 -15- KINI LER,�LAUCCI" IN WITNESS WHEREOF the parties hereto have. executed this agreement by their officers. DATED: CITY OF ARROYO GRANDE by CITY OF M"ORRO BAY by CITY OF GUADAL'UPE by CITY. OF PISMO BEACH CITY OF SANTA PAULA by S -16- CITY OF GROVER CITY. CITY OF PASO ROBLES CITY OF SAN LUIS OBISPO ee- ton,= :tv.Adm nistrative Officer CITY OF ATASCADERO I,T�n 60 -742. RESOLUTION NO. 4059 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO AGREEMENT BETWEEN THE CITY AND SAN LUIS MILL AND LUMBER, INC. PROVIDING THAT.GRANTOR REPURCHASE APPROXIMATELY 825 SQUARE FEET OF OFFICE BUILDING FROM THE CITY AND REMOVE THAT PORTION OF THE OFFICE- BUILDING WHICH STANDS ON AREA CONVEYED AND AN ADDITIONAL FIVE FEET OF GRANTOR'S PROPERTY., FOR SETBACK PURPOSES. BE IT RESOLVED by the Council of 'the City of San Luis Obispo as follows: SECTION 1. That certain amendment to agredment,.attached' hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Mill and Lumber, Inc. is hereby approved and the Mayor is authorized to execute same. SECTION 2. The City'Clerk shall furnish a copy of this resolution and a copy of the amendment to agreement approved by it to: San Luis Mill and Lumber, Inc. City Engineer On motion of Councilman Jorgensen zeconded 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 19 80. ATTEST: CITY J.H. FITZPATRICK APPROVED: City ministrative Officer ty Attorney ty Engineer day of .January 0 COOPER' R 4059 I . , AMENDMENT TO AGREEMENT This Amendment to Agreement made and entered into this 2nd day of January 1980 , by and between San Luis Mil -1 and Lumber, Inc. (hereinafter called "Grantor "), and the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter called "City "). WITNESSETH: The parties hereto agree that the agreement entered into between the parties dated April 27, ]979, a copy of which is attached hereto and marked Exhibit "A ", shall be amended as follows: SECTION.l. Section 4 is hereby amended to provide that Grantor shall repurchase from the City approximately 825 square feet of the office building that remains on Grantor's property, the purchase price to be $2,042. Further, Section 4 of the agreement is hereby amended to provide that Grantor shall remove only that portion of the office building which presently stands on the.area conveyed and an additional five feet on the Grantor's property for setback purposes. SECTION 2. All other terms and conditions of the agreement shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this amendment to agreement on the day and year first above written. ATTEST. SUN. FITZPATRICK City Clerk J.H. Fitzpatrick SAN LUIS MILL AND LUMBER, INC. By: By: CITY OF SAN LUIS OBISPO, a municipal corporation By: s/LYNN R. COOPER MAYOR LYNN R: - COOPER EXH111 Approved: City Admin'_.trative Officer City Attorney " i y Engineer, -2- AGREEMENT THIS AGREEMENT made and entdred into this 15th day of May , 1979, by and between San Luis Mill and Lumber, Inc. (hereinafter called "Grantor "), and the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter called "City "). WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties hereto agree as follows: 1. Grantor shall convey to the City 1360 square feet (0.031 acre), more or less, lying along South Higuera Street as described and delineated on the attached copy of the grant deed consisting of 2 pages. Said land is occupied by portions.of an existing mill building and an office building. 2. City agrees to remove existing curb, gutter and sidewalk and to install new curb, gutter and sidewalk at the new street alignment created by the conveyance when funds become available. 3. City agrees to pay Grantor Sixty- Thousand - Three- Hundred Dollars ($60,300.00) as total compensation for subject land and improvements. 4. Grantor agrees to remove the entire existing office building from the site and the front of existing mill building within.said conveyed area within 180 days of the above date. Grantor may utilize a zero - setback for said mill building at the new right -of -way line and shall not be subject to upgrading the remainder of said building to meet current code requirements. However, if the mill building is subsequently removed, destroyed or becomes involved in a substantial change of use or remodel other than that required to accommodate this widening, usual conditions of approval, including setback, shall be required. ­ DR. b � m� . � r 7 5. City will provide all necessary engineering, relocate utilities and drainage improvements as necessary, and pave out the street to the new gutter. 6. Building permits now pending as a result of use permit No. 0653 for this site will be issued on or after the date first wr -itten above subject to other use permit and building permit requirements. 7. This agreement shall run with the land and shall be binding upon and shall inure to the benefit of, the heirs, assigns and ail other successors in interest of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day.and year first above written. State of California, County of San Luis Obispo:s On April 27, 1979 before me, the undersigned, a in.and for said State, personally appeared Roy Alan - Parsons and Gerald L. Parsons known to to be th ns whose names are subscribed to the withiMOP: instrument and acknowledge they execu the same. �1 Rua C. COOS{ Pt'S11C ATTEST: ,- J.H. Fitzpatrick. Approved as to form: City Attorney SAN LUIS MILL & LUMBER CO., INC. t�%Pu�bli�C I �• CITY OF SAN LUIS OBISPO a mu4t'E�al corporation f:M Approved as to content: /- 0, Ci y Administrative Officer City En eer 9