HomeMy WebLinkAbout4100-4149C
RESOLUTION NO. 4149 (1980 Series)
IA RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF THE FINAL MAP OF TRACT 744
VILLA FONTANA, LOCATED AT 2895 SOUTH HIGUER6 STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1.. Whereas the Council previously made certain findings concerning
Tract 744 as contained in Resolution 3705 (1978 Series).
SECTION 2. Whereas bonds in the total amount of $359,000.00 are on file
with the City to guarantee installation of subdivision improvements..
SECTION 3. This Council hereby grants final approval of the Map of Tract 744
and authorizes the Mayor to execute the agreement.
SECTION 4. This council strongly urges that the subdivider and adjacent
owner, Mr. Whelchell, attempt to negotiate a mutually acceptable access point to the
Dennis transfer property with any proposed changes to the approved precise plan referred
to the Planning Commission for action.
On motion of Councilwoman Billig
and on the following roll call vote:
seconded by Councilman Munger
AYES: Councilmembers Billig, Munger and Dunin
NOES: None
ABSENT: Councilman Bond and Mayor Cooper
the foregoing Resolution was passed and adopted this 22nd day of April 1980.
ATTEST:
CITY CL' J.H. FITZPATRICK
MAYO PRO -TEM RONALD DUNIN
R 4149
+...0.
Resolution No. 4149(1980 Series)
APPROVED:
a 7 ;,;�e Iz,
City Administrate er`
City Attorney
r
wr-
City Erfneer
AGREEMENT
THIS AGREEMENT, dated this 23rd_ day of April 19 Rn by ;nd
between Keith K Bruineton Tnc , herein referred
to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City ".
W I T N E S S E T H:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shown on final 'Map of Tract No. 744,1
"Villa Fontanna" located at 2895 South Higuera
City of San Luis Obispo, California ",
as approved by the City Council, on the 22ndday of April ,19 80.
WHEREAS, the Subdivider desires that said
be accepted and approved as a final map .pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS and SIDEWALKS
2. STREET BASE and SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property
line and water services to the curb stop.
4. DRAINAGE STRUCTURES
S. ORNAMENTAL METAL.ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
shall be required to file a letter stating that the developer has prop-
erly installed all facilities to be provided by him, and that the said
utility is prepared to provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
All the above facilities shall be installed in the locations designated and to the
plans and specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be establshed by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map,
and that the work shall be completed within Eighteen (18) months of said
recording date, unless an extension has been granted by the City Council, provided
that if completion of said work is delayed by acts of God or strikes, the Subdivider
shall have an,addtional period of time equivalent to such period of delay in which
to complete such work. Any extension of time hereunder shall not operate to release
the surety on the Improvement Security filed pursuant to this agreement:. In this
connection, the surety waives the provisions of Section 2819 of the Civil Code of
the State of California.
The. Subdivider does also agree to comply with the following conditions establi-
shed by the Planning Commission and /or the City Council.
n ,Q, ,71) Subdivider shall pay $8700.00 for water charges (7.5 Ac @ $1160
per Acre).
2) Storm drains within the tract will not be maintained by the City. The
storm drains are to be maintained by the homeowner's association..
3) Subdivider shall plant street trees, averaging one tree every 35 feet,
to the satisfaction of Public Services.
4) All illegal billboards on site are to be removed. ,
5) Subdivider shall pay park -in -lieu fees of $7950.00 (fee established by
Resolution No. 3705 (1979 Series):
4/jIA,? 6) Subdivider shall pay $175.00 for grading permit fees. -This fee shall
0,l_1 ' be considered a normal subdivision inspection fee.
T' 7) If, after the term of this agreement the subdivision improvements are not
complete, no new building permits will be issued nor will occupancy be
granted to any structure within this subdivision until the subdivision
improvements are complete.
8) City Planning Commission approval for the proposed access road to the radio
towers is required prior to construction of said road.
9) A condominium plan (to be recorded with CC &R's) showing unit numbering system,
unit layout and airspace subdivision shall be approved by the.City prior to
issuance of building permits for any structures within this subdivision.
As to public lands or section property included within said Subdivision, if any,
for the restoration of lost section corners and for retracement of Section lines, the
method followed shall be in accord with the instructions set forth in the "Manual of
Instructions" for Survey of Public Lands of the United States, published by the.
Commissioner of General Land Office, Department of Interior, Washington, D.C.
-2-
The Subdivider here\,_ attaches hereto, and as an i ral part hereof, and as
security for the performance of this agreement, (instrument _0. credit/bond)- approved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
performance of this agreement, which said (instrument of credit /bond) is in the amount
of $_ 359,000.00 and which is in the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising
from faulty workmanship or materials or defective construction of said improvements
occurring within twelve (12) months after acceptance thereof.. In accordance with
Section 11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of the work, City will release all but 10% of the
improvement security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in the improve-
ments arising within a period of one year following the complet -ion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the.City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said plans and specifications, and any approved modifications
thereto. Neither periodic or progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any breach of this
agreement.
If the Subdivider fails to complete the work within the prescribed time, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forefeited and utilize the proceeds to complete said
improvements, or City may complete said improvements and recover the full cost and
expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and material bond in
the amount of 50% of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 10,770.00
'from which deposit the City will pay the salary and expenses of an inspector or
inspectors to inspect installation of said subdivision.improvements and certify
that they have been completed in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. In the event the
sum of inspection and grading permit fees;
inspection fees exceed the sum of $ 10,945. 00 _(being the, the difference is to be paid
by the ,__, __ ____ _ -__ - -- The City reserves the sole discretion in determining
Subdivider.
-3-
I'
the amounts to be paid for salary and expenses of said inspector or inspectors.
Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled
"Subdivision" - All plans and specifications on file with said City Engineer as a
part of said Subdivision Map, and all other documents filed with the City by the
Subdivider and approved by the City Engineer are hereby referred to for further
particulars in interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Parties hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns
of the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's
contract unit prices and total bid prices for all of the.improvements herein
referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
23rd day of April , 19 80
Approved as to form
City Attorney George Thacher
23rd day of April , 19 80
., t-`%k,
ubdi..._ er - `x
A. A 7 i
.c
Mayor yko -Tem Ronald Dunin
Attest:
ty Engineer Wayne Peterson y C41,vfY J.H. Fitzpatrick
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r� •
SUMMARY OF FEES AND BONDS
TRACT 744, VILLA FONTANNA
SCHEDULED FOR APRIL 15, 1980
FEES
1. $ 8,700.00 Water acreage
2. $ 7,950.00 Park -in -lieu
3. $ 175.00 Grading Permit
4. $10,770.00 Inspection
$27,595.00 Total - paid by check 46733 dated 4/4/80 (attached to package)
BONDS
Attached to package to be retained by City Clerk.
Streets & Grading
Storm Drains
Sewers
Water Mains
cc: city clerk
finance
file
$ 80,350.00
$100,000.00
$ 98,300.00
$ 80,350.00
$359,000.00
follows:
RESOLUTION NO. 4148 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
INCREASING EQUIPMENT REPLACEMENT FUND APPROPRIATION FOR
THE 1979/80 FISCAL YEAR
BE IT RESOLVED by the Council of the'City of San.Luis Obispo as
SECTION 1. That the following appropriation account be increased to
provide additional funds for the purchase and modification of a Fire Depart-
ment Rescue Squad Vehicle.
ACCOUNT DESCRIPTION AMOUNT
(85) 41- 4150 -000 Fire Department Vehicle $2,500.00
SECTION 2. That the additional funds required be transferred from
the General Fund to the Equipment Replacement Fund.
On motion of Councilwoman Billig,:seconded by Councilman Munger, and
on the following roll call vote:
AYES: Council Members Billig, Munger,'Bond, Dunin
NOES: None
ABSENT: Mayor Lynn Cooper
the foregoing Resolution was passed and adopted this 15th day of April, 1980.
R PRO -TEM, RONALD DUNIN
ATTEST.:
iJf�E�cg'�iS
CITY - T�CCLL�� .
APPROVED:
City ra if fv e-0-f f1i s ef
RESOLUTION No. 4147 (15 80,Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
SIERRA NATIONAL
BE IT RESOLVED by the Council o,f,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: "JOHNSON AVENUE STORM DRAIN" CITY. PLAN NO: C.P. C =05B
ESTIMATE: $107,500.00
rte-
BUDGET ACCOUNT.: 40- 5062 -746 (C05B)
BIDDER:. SIERRA NATIONAL BID AMOUNT: $105,700
SECTION 2. That the City Clerk is directed'to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of _Councilwoman Billig seconded by Councilman Munger
and on the following roll call vote:
AYES: Councilmembers Billig, Munger, Bond and Dunin
NOES: None
ABSENT: Mayor Cooper
the foregoing.Resolution.was passed and
19 84
ATTEST:
CITY t T.H. FITZPATRICK
APPROVED:
City Administ Officer
this 15th day of April._ ,
.rte
LYNN R.
R 4147
RESOLUTION NO. 4146 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
TO-R::.BAKER, INC.
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:_ "WATERLINE INSTALLATION MILL CITY PLAN NO: D -48
STREET, CALIFORNIA BLVD. TO GROVE
ESTIMATE: $26,820.00 including contingencies BUDGET ACCOUNT: 40- 6362 -716 (D48)
BIDDER: R. BAKER, INC.
BID AMOUNT: $21;336
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilwoman Billig seconded by Councilman Munger ,
and on the following roll call vote:
AYES: Councilmembers Billig, Munger, Bond and Dunin
NOES: None
ABSENT: Mayor Cooper
the foregoing Resolution was passed and adopted 15th day of April ,
1980.
ATTEST:
CI Z .H. FITZPATRICK
APPROVED:
City i e Officer
R 4146
RESOLUTION NO. 4145 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO. (1) AUTHORIZING THE ACCEPTANCE OF A QUITCLAIM
DEED AND (2)1 AUTHORIZING A GRANT.OF EASEMENT., TO
RELOCATE AN EASEMENT ACROSS CITY PROPERTY IN STENNER
CANYON -
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby authorizes the Mayor to accept the quitclaim
deed, a copy of which is attached hereto, marked Exhibit Y, consisting of three pages:
SECTION 2 This Council hereby authorizes the Mayor to execute the grant deed,
a copy of which is attached hereto,.marked Exhibit Z, consisting of three pages.
On motion of _Councilman Bond , seconded by Councilwoman Billig
And on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin. and Munger
NOES: None
ABSENT: Mayor Lynn R. Cooper
the foregoing Resolution was passed and adopted this 15th day of -April 1980.
! MAYOR PR TEM RONALD DUN IN
ATTEST:
CI J .H: FITZPATRICK
* * * * * * *
Approved:
City Adis i istrative Officer
City Attorney
Director of Public Services
R 4145
r RECORDING REQUESTED BY
AND WHEN RECOROCO MAIL TO
Name F_ City Clerk's Office
street City of San Luis Obispo
Address 990 Palm Street
City & S an Luis Obispo, CA 93401
State L
A
MAIL TAX STATEMENTS TO -
Name City Clerk's Office -
street City of San Luis Obispo .
Address 99.0 Palm Street SPACE ABOVE THIS LINE FOR RECORDER'S USE
-
ctng San Luis Obispo, CA 93401
Uwe - Partnership Quitclaim Deed
1 b7 r 7 C 1 O TH IC FORM PURN ISH E❑ BY TI OOP TITLE I NSU R ERS
The undersignedgrantor(s) declare(s);
Documentary transfer tax is $
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
STENNER ASSOCIATES, A PARTNERSHIP
a partnership organized under the laws of the state of
CALIFORNIA
hereby REMISES, RELEASES AND QUITCLAIMS to
CITY OF SAN LUIS OBISPO
the following described real property in the
County of SAN LUIS 0 B I S PO State of California:
ATTACHED HERETO AS EXHIBIT "A"
THIS DEED IS GIVEN FOR THE PURPOSE OF 'RELEASING AND ABANDONING TO
THE GRANTEE HEREIN THE RIGHT OF -WAY RESERVED IN THE DEED FROM MANUEL
SERRANO TO SAN LUIS WATER CO., RECORDED IN BOOK 4, PAGE 63 OF DEEDS
OF SAID COUNTY, BUT ONLY INSOFAR AS THE.-REAL PROPERTY HEREINBEFORE
DESCRIBED IS CONCERNED...
10. a •. e:�$
STATE OF CALIFORNIA
y SS.
COUNTY OF San_ 1aLi c. i -, 1
On 7%Dr4 -1- - 1 F, -1 -aRn before me, the under
signed, a Notary Public in and for said State, personally appeared
Kenneth L..-Glick and
Edison A. French,. M. D. , 011- ic3a -M_
(;1 i r-k ., and Prances A- French
known to me to be fnlir of the partners of the
partnership that executed the within instrument, and acknowledged .
to me that such partnership executed the same.
WITNESS my hand and official seal.
Signature_' /y/
Beverjly,) B. James
Z =e"AM1101���N
or Loan
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE.
Partnt=r
a r.1 i5
I
My Commission Expires April 9, 1932
or Loan
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE.
Partnt=r
a
EXHIBIT "A"
ALL THAT TRACT OF LAND LYING AND BEING SITUATE IN THE COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND BEING PART AND PARCEL
OF LOT NUMBER NINE AS THE SAME APPEARS DELINEATED ON A CERTAIN MAP
ENTITLED "MAP OF THE PARTITION OF A PART OF THE RANCHO POTRERO
DE SAN LUIS OBISPO, MADE BY R. R. HARRIS, SEPTEMBER 1887," SAID MAP
BEING A PART OF THE RECORD IN THE PARTITION CASE, ENTITLED "MANUEL
SERRANO, ET AL., AGAINST HIPOLITO SERRANO, ET AL.," WHICH SAID TRACT
HEREBY GRANTED IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING A
NINE;
THENCE NORTH
THENCE SOUTH
THENCE SOUTH
THENCE NORTH
THENCE SOUTH
THENCE SOUTH
THENCE NORTH
THENCE NORTH
BEGINNING.
T ST
830
540
140
830
440
790
270
570
AKE S..45
35 EAST
53` EAST
32' EAST
03` WEST
10' WEST
25' WEST
EAST 462
45' EAST
JF SAID HARRIS' SURVEY AND MAP OF SAID LOT
895 FEET TO STAKE M 5;
225 FEET TO STAKE M 6;
133 FEET TO STAKE M 1;
269 FEET TO STAKE M 2;
558 FEET TO STAKE M 3;
1226 FEET TO STAKE M 4;
FEET;
631 FEET TO STAKE S 45 AND POINT OF
EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THE DEED
TO MARIA ALBERTI, RECORDED JANUARY 5, 1.951 IN BOOK 592, PAGE 434
OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
RESERVING THEREFROM AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL
PURPOSES OVER THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF
LAND 40 FEET WIDE, LYING 20 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9, NOTED AS CORNER
S -49
THENCE NORTH 690 45' 00" WEST,
SAID LOT 9 TO THE TRUE.POINT OF
THENCE LEAVING SAID NORTH LINE
320.92 FEET;
THENCE SOUTH 420
THENCE SOUTH 660
THENCE NORTH 890
THENCE NORTH 780
THENCE NORTH 580
THENCE NORTH 750
THENCE SOUTH 480
THENCE NORTH 780
THENCE SOUTH 650
I 1 ' 3411
49' 16"
38' 45"
15' 52"
37' 40"
16' 00"
27' 00"
06' 22"
44' 32"
WEST,
WEST,
WEST,
WEST,
WEST,
WEST,
WEST,
WEST,
WEST,
44.53 FEET ALONG THE NORTH LINE OF
BEGINNING;
OF SAID LOT 9 SOUTH 390 01' 04" WEST,
7.93.64 FEET;
111.72 FEET;
138.92 FEET;
334.34 FEET;
243.33 FEET;
223.67 FEET;
140.24 FEET;
284.52 FEET;
291.75 FEET
TO LOT CORNER S -45.
SAID EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE LAND
DESCRIBED AS PARCELS 1, 2, 3 AND 4 OF THE DEED RECORDED APRIL 4,
1972 IN BOOK 1662, PAGE 5 OF OFFICIAL RECORDS; PARCEL 1 OF THE DEED
RECORDED APRIL 4, 1972 IN BOOK 1662, PAGE 11 OF OFFICIAL RECORDS,
AND PARCELS 1, 2 AND 3 OF THE DEED.RECORDED APRIL 41 1972 IN BOOK
1662, PAGE 13 OF OFFICIAL RECORDS AND ANY DIVISIONS THEREOF.
(END OF DESCRIPTION)
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C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by
the Partnership Quitclaim Deed
dated April 16, 1980, from Stenner Associates, a__
partnership
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council
pursuant to authority conferred by Resolution No. 549 (1959 Series),
recorded May 26, 1959, in Volume 1002, Official Records, Page 292,
San Luis Obispo County, California, and the Grantee consents to
recordation thereof by its duly authorized officer or his agent.
Date: April 17, 1980
CITY OF SAN'LUIS OBISPO
By
Mayor P -T em Ronald Dunin
ATTEST:.
•itzpatrick, City Clerk
Y
`J
RESOLUTION NO. 4144(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 896
LOCATED AT 251.MARGARITA AVENUE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this council, after consideration of the tentative
map of Tract 896 and the Planning Commission's recommendations, staff recom-
mendations and reports thereon, makes the following findings:
1. The tentative map is consistent with the General Plan.
2. The design and improvements of the proposed subdivision are consistent
with the General Plan.
3.
The
site
is
physically
suitable
for
the
type of development
proposed.
4.
The
site
is
physically
suitable
for
the
proposed density of
development.
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably in-
jure fish or'wildlif.e or their habitat.
6. The design of the subdivision or the type of improvements are "not -likely-
to cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision.
SECTION 2. That the approval of the tentative map for tract 896 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 undergrounded.
4. Subdivider shall install individually metered water service to each dwelling
unit. Meters shall be clustered and be located at driveway frontage of units,
be unobstructed, and be to the approval of the Public Services Department.
5. Sewer and water mains shall be public and to city standards. Easements
over the mains and access to mains shall be to the approval of the City
Engineer.
R 4144
Resolution No. 414,,E
Tract 896
Page 2
6. Subdivider shall install fire hydrants as required and approved by the City
Fire Department.
7. One of the existing water wells shall be abandoned and capped in compliance
with applicable City, County and State Regulations. One water well may be
retained for irrigation subject to providing cross connection protection.
8. Final map shall note common lot area as a blanket utility easement acceptable
to the utility companies and City Engineer.
9. Subdivider shall prepare conditions, covenents, and restrictions to be approved
by the City Attorney and Community Development Director prior to.final map
approval. CC &R's shall contain the following provisions:
a. Creation of a single overall homeowners association to enforce the
CC &R's and provide for professional, perpetual maintenance of all
common area including private driveways, building exteriors and
landscaping in a first class condition.
b. Grant to the City of San Luis Obispo the right to maintain common .
area if the homeowners association fails to perform, and assess the
homeowners association for expenses incurred.
C. No parking on the site except in approved designated spaces.
d. Grant to the City of San Luis Obispo the right to tow away vehicles,
on a complaint basis, which are parked in unauthorized places.
e. No outside storage of boats, campers„ motor homes and trailers nor
long -term storage of inoperable vehicles.
f. No outside storage by individual units except in designated storage
areas.
g. No change in city- required provisions of CC &R's without prior City
Council approval.
10. All private streets /driveways shall be designed to a traffic index of 4.0
or better.
11. Subdivider shall provide and the .homeowners association shall maintain appro-
priate "no parking" signs and red curbing as required by the City Fire Department
and City Engineer.
12. The drainage channel and culverts shall be designed to accommodate a 10 -year
minimum design storm. Finished building pads and /or floor elevations shall
be designed to accommodate a 100 =year design storm. Drainage calculations
and improvements shall be to the approval of the City Engineer:
13. Subdivider shall provide for drainage along westerly tract boundary with a
swale. Street /driveway crossings shall be by culverts in lieu of street
flow or surface cross - gutters.
C�
Resolution No. 4144
Tract 896
Page 3
14. Subdivider shall grant an easement for drainage and maintenance proposed
over drainage channel. Subdivider shall grant the city permission for
vehicular access through the site to maintain drainage channel. Subdivider
shall obtain permission_ and easement for drainage channel modifications off
site adjacent to southerly tract boundary. Subdivider shall provide access
gates as necessary and to approval of Public Services Director and City
Engineer.
15. Subdivider shall pay water acreage and sewer charges as determined by the
City Engineer, prior to final map approval.
16. Subdivider shall pay park in -lieu fees, equivalent to 1.196 acres, prior to
final map approval.
17. Subdivider shall install street trees across entire street frontages to the
approval of the Public Services Department.
18. No additional median cuts shall be made in Margarita Avenue.
19. Subdivider shall pay to the city prior to final map approval thirty percent
(30 %) of the total cost toward the future installation of a traffic signal
light at the intersection of South Higuera Street and Margarita.' Avenue-.'- Costs
shall be determined by the City Engineer. The city will install the
signal when sufficient funds are available.
20. Phasing shall be permitted provided there shall only be one tract map num-
ber with separate phases identified as Unit 1, Unit 2, etc.
21. Subdivider shall assign addresses and unit numbers in accordance with addressing
plan marked Exhibit A.
22. This resolution shall be effective upon the effective date of Ordinance
No. 850, rezoning-this property from R -2 -S to R -2 -PD. In the event
Ordinance No. 850 is not effective on or before 6/5/80 , this
resolution shall expire. The tentative map hereby approved shall expire
twelve (12) months from the date of adoption of this resolution, unless
extended by later action of the council.
On motion of Councilman Bond
and on the following roll call vote:
, seconded by Councilman Munger ,
AYES: Councilmembers Bond, Munger, Billig.and Dunin
NOES: None
ABSENT: Mayor Lynn R. Cooper
C�� C
Resolution No.
Tract 896
Page 4
the foregoing resolution was paE
ATTEST:
C'
Clerk J.H. Fitzpatrick
Approved as to form: Approved as to content:
City Attorney City, ministrat ve Officer
Community velopme Director
.�tity E' ineer
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RESOLUTION NO.4143 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND SAN LUIS OBISPO COUNTY AREA COUNCIL OF
GOVERNMENTS APENDING PORTIONS OF THE JOINT POWERS
AGREEMENT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference., between the City of San Luis Obispo and
San Luis Obispo County Area Council of Governments
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: San Luis Obispo County
Area Council of Governments
On motion of Councilman Bond , seconded by - Councilwoman BilliQ ,
and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin and Munger
NOES: None
ABSENT: Mayor Lynn R. Cooper
the foregoing Resolution was passed and adopted this 15th day of April ,
1980.
MAYOR.
ATTEST:
p
el MR
R 4143
Tom.
RESOLUTION NO. 4143 (1986 - series)
AjLROVED:
City Admin' Wrlaftftrllve i er
City Attorney
�, J
AMENDMENTS TO JOINT POWERS AGREEMENT
FOR SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS
The first page changed to read;
THIS JOINT POWERS AGREEMENT is made and entered into this
17th day of January, 1977, by and among such of the incorporated
cities of Arroyo Grande, E1 Paso de Robles, Grover City, Morro
Bay, Pismo Beach, San Luis Obispo and Atascadero, . . .
Article. V, Operation, Section 5; changed to read;
No action shall be effective without the affirmative votes
of the majority of representatives. However, eight (8)
affirmative votes shall be required for taking any action in the
event any agency demands such a vote.
Article XII; last sentence changed to read:
This Agreement may be executed in eight (8) counterparts
which together shall constitute a single agreement.
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.
erk
CITY OF PASO ROBLES
By: Date:
,Mayor
Resolution No.
Clerk
CITY OF PISMO BEACH
By: Date:
Mayor
Resolution No.
Clerk
Page 14
JOINT POWERS AGREEMENT
Page 15
CITY OF SAN LUI BISPO
By: Date: April 15, 1980
ayor Pro -Tem Ronald Dunin
Resolution No. 4143
J.H. Fitzpa
COUNTY OF SAN LUIS OBISPO
By: Date:
Chairman
Resolution No.
Clerk
0
��
JOINT POWERS AGREENE1T FOR SAN LUIS OBISPO
COUNTY AREA COUNCIL OF GUUERNI "rEdTS
THIS JOI(:T POWERS AGREEMENT is made and entered into this 17 day of
January 1976, by and among such of the incorporated cities of Arroyo
Grande, E1 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 Agree-
ment, hereinafter tailed "CITIES ", and the County of San Luis Obispo, a body politic
and corporate and a subdivision of the State of California, hereinafter called
"COUNTY", as follows:
1111EREAS, Section 6500 et seq. of the California Government Code (Title 1,.
Division 7, Chapter 5, Article 1) provides for acree. ^ents betWeen two or more
public aeencies 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 i-ts charter, and the other
incorporated cities in the County, parties hereto, by virtue of Sections 65600
through 65504, 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 Governments "; and
WHEREAS, COUNTY and CITIES did, in 1968, jointly execute an agreement estab-
lishing such a Planning council and now wish to amend and supersede the same; and
WHEREAS, Section 29.532, California Government Code, orovides that such a council
Of governments shall be'designated the regional transportation planning agency to act
in matters of transit and transportation planning; and
WHEREA5`, 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 preparation 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 requirements 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 nrocrams which have been adopted and approved by their respective governing
bodies;
NOW THEREFORE, 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 de-
velopment 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
i
desires of the member governments.
II. PO!dEP,S
The San Luis Obispo County Area Council of Governments, hereinafter called
"AREA COUNCIL "; is hereby created as a voluntary agency pursuant to applicable pro-
Visions of 'the California Government Code with the power to carry out the purposes
hersinabove 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 em
oloyment of necessary personnel, exoerts and consultants; to accept gifts, loans,
grants; and to administer the affairs of the AREA COUNCIL hereby created in accord-
ance with this Agreement.
Pursuant to Section 6503.1, 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.
-7-
III. FI AIM E
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 AREA COUNCIL shall be voluntary, but only the County
of San Luis Obispo and all cities incorporated in the County of San Luis Obispo
presently or in the future, are declared eligible for membership in the AREA COUNCIL.
2. Representatives of the COU.MTY and CITIES shall be appointed to serve on the
AREA COUNCIL in accordance with procedures established by each of the governing bodies
of.the member agencies.. Representatives to the AREA COUNCIL 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
Agreement, with each incorporated area being limited to one representative. Repre-
sentatives 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 appoint-
ment. -
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 AREA COUNCIL 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 incorporated within the boundaries of the County
of San Luis Obispo and which may desire to participate in the activities of the AREA
COUNCiL may do so be executing this Agreement without prior approval or ratification
of the named parties to this Agreement and .shall thereafter be governed by all the
terms an'd provisions of this Agreement as of the date of execution.
6. 1^embershi� shall be continnent unon the execution of this Joint Powers
Agreement and subsequent annual ratificaticn.
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 AREA COU6+CIL.. 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'respect-
ive jurisdictions kith their own funds. It is understood, however, that the recom-
mendations of the AREA COUNCIL 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 laws, regulations and policies applicable to them.
2. Except as otherwise provided herein, there shall be no costs incurred by
AREA COUNCIL 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.
All costs incurred by AREA COU14CIL performing functions as the regional trans -
portation 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., Gov -
:ernment Code as orovided for therein.
3. Costs of AREA COUNCIL for each fiscal
year which are necessary for the ord-
inary operation of the Council, includinq but not limited to office space, furniture,
supplies and postage; and excepting those functions performed as the regional trans-
portation agency, shell be borne by COUNTY in an amount approved by the Board of
Supervisors in the annual. County budget. Extraordinary costs as recommended by the
AREA COUNCIL shall be borne by contributions from the member entities as approved
by their governing bodies.
Costs of all activities undertaken by AREA COUNCIL as the regional transpor-
tation planning agency shall be set forth in the budget as part of the annual work
program of AREA COUNCIL 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 AREA COUNCIL for the fiscal year. Any deviation from the work pro-
gram 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 con-
sisting of a majority of representatives, including two COUNTY representatives.. No
action shall be effective without the affirmative votes of a majority of representa-
tives. However, seven (7) affirmative votes 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 AREA COUNCIL 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 AREA COUNCIL 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.
�).. Shall be an ex- officio member of all committees.
5). Shall execute all contracts and legal documents on
behalf of the AREA COUNCIL.
b. Vice - President
1). Shall serve as Chairman pro- temoor.in the absence
of the President.
2). Shall give aihatever aid necessary to the President in
the administering of the AREA COUNCIL.
3). Shall be an ex- officio member of all committees.
5. In the event pf a vacancy occurring in the offiee
Of either the president
of vice = president upon said officer's death, resignation, removal or his ceasing to
be: -an official representative of a member city or the County of San Luis Obispo,
Such vacancy will be filled by majority vote of the AREA COUINC IL, the officer elect -
ed to serve for the balance of the unexpired term.
VII. STAFF
1: -The AREA COUFICIL Shall appoint a Secretary, to serve at its pleasure, who
will Perform the following duties and such others as may be assigned by AREA. COUNCIL:
a_ Prepare and submit the annual work program and budget to the AREA
COUNCIL 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 AREA COUNCIL. .
d.. Shall have charge of all correspondence.
e. Shall keep and maintain the reports of the_AREA COUNCIL on all
com iittee5:
•f.' Shall insure that AREA COUNCIL renders a written year end report
reflecting activities of the preceding fiscal 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 AREA COUNCIL in the budget. Employees are to be a.ppoint-
ed by the AREA COUNCIL on the recommendation of the Secretary and
to serve at the pleasure of the AREA COUNCIL.
2. The Secretary of the AREA COUNCIL shall have charge of, handle and have
access to any property of the San Luis Obisoo County Council of Governments. Said
Secretary shall file with the AREA COUNCIL his official bond in the amount of ONE
THOUSAND DOLLARS (51,000.00) or such other additional amount as may be determined by
- the AREA COUNCIL.
VIII. 'MEETINGS
1. Regular meetings of the AREA COUNCIL shall be held at least six (6) times
. -a year or at more frequent intervals as approved by the AREA COU ?ICIL.
2. Special meetings may be called by the President or upon written request of
at least three (3) representatives of the AREA COUNNCIL. 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 Jaruary, March, May,
July, September and November. The May meeting shall be designated the "annual
maefi.ng ".
5. The Secretary of the.AREA COUNCIL will direct the.publication of notices
of all meetings pursuant to.state law.
6. Only official representatives or alternates shall represent a member of
the AREA COUNCIL or vote on any motion before the AREA COUNCIL.
7. The meeting agenda shall be prepared by the Secretary to the AREA COUNCIL.
Agenda material shall be submitted to the Secretary at least twenty -one (21) cal-
endar days prior to the next regular meeting and distributed to members at least
fourteen (14) calendar days prior to the next regular meeting tp allow member agencies
to instruct their representatives on voting direction. Unless authorized by majority
vote of the representatives at a regular meeting, only agenda items shall be considered
by the AREA COUNCIL.
-7-
3. The AREA COUNCIL, at the discretion of the President, may memorialize
any of its actions by resolution.
°. Robert's Rules of Order or such other rules as the AREA COUNCIL may
adopt will govern all proceedings not specifically provided for herein.
10. Executive sessions shall be held in accordance with applicable law.
11. The AREA COUNCIL shall hold public hearings for the adoption of Regional Plans.
12. Minutes of all AREA COUNCIL meetings shall be kept by the Secretary to the
AREA COUNCIL and shall be submitted to member agencies.
IX. COMMITTEES
1. Committees and subcormmittees may be established as the AREA COUNCIL may deem
appropriate.
2. Membershio on committees shall be at the discretion of the President. No-
thing 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 Adminis- .
tra'ion Committee, comprised of ai.l managers and administrators of member jurisdic-
tions; the Legal Committee, comprised of all.city and designated county attorneys;
the Planninc Committee, comprised of all agency planning officials; nominated
by their respective agencies; the Public Works Committee, comprised of all agency
engineering officials nominated by their respective agencies; and the Transportation
Committee. The AREA COUNCIL may organize such other technical advisory committees
as it deems necessary to carry out AREA COU•dCIL functions.
3. No committee shall commit the AREA COUNCIL on any matter or questions of
-policy. Such matters or questions can only be decided by the AREA COUNCIL.
4. All commmittees shall receive clerical assistance from the AREA COUNCIL
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 meet.inas shall be sent to members of the AREA COUNCIL and the Secretary.
X. FINANCE
1. The AREA COUNCIL 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 AREA COUNCIL from whatever source re-
ceived. It is further understood that.the Auditor /Controller of the County,of San
Luis Obispo is, as such, auditor of the AREA COUNCIL.
XI. WITHDRAYJAL AND DISSOLUTION
1. The parties to this Agreement pledge full cooperation and agree to assign
representatives to serve as official members of the AREA COUNCIL or any cormrittee
or subcommittee thereof who shall act for and on behalf of their city or county in
ary or all matters which shall come before the AREA COUNCIL, 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.remaininq members.
3. A member withdrawing shall not be liable for the payment of further con-
tri.butions falling due beyond the date of withdrawal and shall have no right to
reimbursement of any monies previously paid to AREA COUNCIL, provided; however, that
AREA COUNCIL may.authorize a reimbursement if in its judgement such reimbursement
is fair and equitable and can be done without jeopardy to the operation of the
AREA COUNCIL. If any party hereto fails to pay its contribution, as determined
by AREA COUNNCIL, said entity shall be deemed to have voluntarily withdrawn from the
AREA COUNCIL.
_9_
9
4- AREA+ COU."ICIL may be dissolved at any time and this Agreement r
a joint agreement executed b escinded by
y COUNTY and CITIES which are parties hereto. Said re-
scision Agreement shall Provide for
the orderly payment of all outstanding debts and
obligations and for the return of an
. y surplus funds of AREA COUNCIL in proportion to
the contributions made.
XII- EFFECTIVITY
This Agreement shall take effect
and clerks of the governing bodies of then Countexecution by the chairman or mayor
four 4 y of San Luis Obispo and at least .
i) cities, Pursuant to resolutions of such governing bodies authorizin g such
execution and shall remain in full force and effect until dissolved oursuantto .
the provisions herein.. This Agreement may ,be executed in seven counterparts
which together shall constitute a single agreement.
IN WITi:ESS UiiEREDF, the parties hereto have executed this Agreement
day and year first hereinabove writt as of the
en.
CITY OF ARROYO GRANDE
Clerk
CITY OF GROVER CITY .-
BY: `1
Mayor
Clerk -
CITY OF MORRO BAY
BY:, 16
Mayor
C erk
DATE: ovG,trr /97,;
RESOLUTION NO.
DATE:
RESOLUTIOAI fIO:
DATE:
usnt 11TrnA1
CITY OF PASO ROBLES
BY : A-1-
mayo r a,
Clerk
CITY OF PISINIQ BEACH
hlavo r /
Clue�rk
CITi" OF SAiI LUIS BIsP
Y.
Mayor Kenneth E. Schtcartz
= itzpatric4
COUNTY OF SAN LUIS OBISPO
BY: -� -•
DATE.: January 3. 1977 .
RESOLUTION NO. Minute Order
DATE: November 22, 1976
RESOLUTIO`! NO. Mi cute Order
DATE: ner•PmKpr 11 , 1079
RESOLUTION NO. •lian
DATE: January 17, 1977
Chdilrman „Board of Suoervisoo(rs
+.i it i i `"_r” RESOLUTIOPl NO
- Clerk, Board of Supervisors
CITY- OF.ATASCADERO ,
pia o ROBE J. ILKINS, JR.
•C erk AtRRAY L. WARDEN
BO 1iI`22 - B
Date: - August 13, 1979
RESOLUTION NO. Minute Order
CITY COUNCIL OF THE CITY OF ATASCADERO
REGULAR MEETING HELD ON AUGUST 13, 1979
Re: San Luis Obispo County Area Council of Governments
MOTION: Councilman Nelson moved that the.Mayor and
City Clerk be authorized to sign the Joint
Powers Agreement for the San Luis Obispo
County Area Council of Governments. The
motion was seconded by Councilman Highland
and unanimously carried.
CERTIFICATION
I, MURRAY L. WARDEN, City Clerk of the City
of Atascadero, do hereby certify that the fore-
going is a true and correct.motion duly made
and passed by the Atascadero City Councilmat a
regular meeting thereof held on August 13,.1979.
Dated: August 17, 1979
/X�
MTJ RR AY L. ARDEN, City Clerk
RESOLUT_ION N0. 4142 (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)
for local miscellaneous members.
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 apart hereof.
On motion of Councilman Bond, seconded by Councilwoman Billig, and on the following
roll call vote:
AYES: Councilmembers Bond, Billig, Dunin a d Munger --------7
NOES: None
ABSENT.::' Mayor Lynn R. Cooper BY NAME - :Ronald Duiin -
Mayor Pro -Tem
TITLE
April 15 1980
ate adopted and approved)
Ret. Form 122
R 4142
MEN . ANN
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CITY
.:;r Skiff LUIS 3ISP�.
The bard of o; T r.; n .. o
Ad-�lnl::�. ^;,:!Gn, , ab..1C i.. ?'ipl..' }r:'nS' 1`'lr��il °nt ,.)yji.27ly inere111-
after referred to as Doard, and the g,overnin body of above public agency,
hereinafter referred to as Public Agency, !�avin entered in-ro a contract under
date of June 9, 1952, effective July 1, :952, and as nn.,ende_i effective
July 1, 1952, October 1, 19:52. Gctober 3, 195 , October 1, 1974, June 1, 1976,
December 1, 1976, December 20,' 1978, January 16, 1980, and May 1, 1930, w;;ich
provides for participation of Public Agency in said System, &yard_ and Public,
9;ency hereby agree as folloti -r, :
A. Paragraphs 1 through 10 are hereby strick ^n from said contract as executed
effective 'May 1, 1930, a_nd her?by replaced by the following paragraphs
nu-.ibered 1 through 10 inclusive:
1. 911 words and terms used herein which are defined in the Public
employees' Retirement Law shall have the meanin; as defined therein
unless otherwise specifically provided. "idormal retirement age" shall
mean age 60 for local miscellaneous and axe 55 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from .and after July 1, 1952 aiakin its employees as
hereinafter provided, - ienbers of said Systam subject to all provisions
of the Public hmployees' Retiran =nt Law except such as apply only on
election of a contrpctim_, agency and are not provided for herein and
to all amendments to said Law hereafter enazted except such as by
express provisions thereof apply only on the election of contracting
agencies.
?. rTploy_es of F�abl -0 A ency in the following classes shall becane
Ire: ters of said Retire :nreit Systun except such in each such class as
are excluded by law or this agreement:
a. LGCal Firen'n (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 menbership by .
said Retirement Law, the fol ?.o ri.n? classes of >mnloyePS shall not
becGTie meal-! °rs 01, s810
C
f7
4. lh,- fraction of final CO:n = :n`.Satlo:l ✓> be 11'ovid-ed for en :,h y.?ar r:;"
c- e -ditod ^ri.Dr and .:urrert jc:.ry iC'? _'13 3 1CCa1 I'¢2?11
s•h-n-11 b�= do ;,or. "I i;l °J� l.i! 2Cn,7!'C'. ci(1 ^c' i,ID.h . -c ion -112151. I ",i f .9_ CAd
R- 2tire71ant L,':I (2`� ,-11, '0)
5. 1'ne fraction of i;7 be p-ovidled for i,:ic(1 `i2ar of
crF. � Ied prior and . rr -enf = !'v1.0 . .:3 8 1' cal saI'cay r. >rt?!' Shc.L.i. i�(;
determined :.n accor`JI' -MC- b;ith °Ctl;:n 21252.1 of scud R'etir=_nent _rl:�
(One -half lry at a�; . ':�5) .
6. the followin additional provisions of the Public Employ =u,as' Retire -
ment Law 4nich apply only upon el.-ati.on of a contraCting shall
apply to the Public; iVTency and its employees:
a. Sections 213313 -21'M (1959 Survivors Program).
b. Sections 21263/21263.1 (Post - retirement survivor allowance) , for
local safety me.ribers.
c. Section 20362.' ~c ('./nuked sick leave credit), for local miscel-
laneous and local fire members.
d. Section 20952.= (Age 50 voluntary retirement) for local safety
members only.
e. Section 20024.2 (One -year final corap(=_nsation).
7. Public Agency, in a=ordance with Section 20740, Government Code,
ceased to be an "e.mpl6yer" for purposes of Cnaptar 6 of the Public
lnploye'es' Retirement Law effective on June 1, 1976. Accunulated
contributions of Pu`)lic Fency as of the aforementioned data shall be
fixed and determinA as orovided in Seiction 20759, GO'✓ernnl-nt Cade,
and accunulata9 contributions as of the aforementioned date and
contributions thereafter made shall be held by the Board as provided
in Section 20759, Government Code.
3. Public Agency sh-all contribute to said Retirement System as follol -IS:
a. With respect to misoellaneo:us m:.,,mbers, th- asy-nCy .`:i:cll co: -
tribute the fol.l.owiny a�rcentages of monthly salaries earnei as
miscellaneous ._V;TI:)ers of said Retirenent System:
(1) 10.943 pe°•c:ent on account of the liability for current
service benefits.
(2) 0.142 percnt on account of the liability for the 1959
Survivor Program,.
b. With respect to local safety manbers, the agency shall contribute
the following parcentages of monthly salaries earned as -local
S�.S3ry :n�:n}J. ^' .i_ _.._... �,.'i -lac !,��nf ��i:7`ae�.•
x'75 ii '.'.. ..li. _._ :J •iC(.•. �, �: ?<i �., -� .�._�..'L.I'... �)'" t�,l:n
1iat'ili_'ty for' 7'rior Aservice, benefits.
)Omk
C /
(%) 17.53 - Crcc::�'. .,t1 accoi_( t of the lialb .li:t.y for• current
.n 1- -, ,:�i rar `,r 1,,.. fi y -1 ?�
, . t: re =isVn ible ''.i i... ,, _ XC 'y
Co ❑; �.., .:� :. .. .l i•T j�l;.:i C`�iSt n $ it ar .�-nplr��,- s of
os. s of _.
P'u'olic " erj,.'+ 'b ` it 1 ri t'- costs f c. ? iDns 0'"
1_ t:..l: ".:" uk.'. Oo_.�,� O :7J�_1.81 'd.cl. Ua�
of tn°, 0erlC), 4C lrtvv�ti'�c�__... a`!d ValU'tiD. ^.3 r'= :'..'1;;.1rc�.�iy ll'vl.
d. A reasonable n ,ount as fixa`i by the Board, payable in one install -
, ant as the _o- 3 ..r'ise I ,n" co- h c ,s: s of s -ci 1 v.a_ua-
tions on account of employees of Public Agency, and costs of the
periodic invastl -sation and valuations required by lain.
g. Contributions required of Public, Agency and its employees shall be
subject to adjustment by Zoard on account of amendments to the Public
Employees' Retirement Law, and on account of the experience udder the
Retir>n=nt System as datemained 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 Ratir°hent System within thirty days
after the end of tha period to which said contributions refer or as
nay be prescribed by Board re:;ulation. If more or less than the
correct airrount of contributions is paid for any period, proper
aljustment shall be ~lade in connection with subs'aquent re:rittances, or
adjustments on account of errors in contributions required of any
^,nplcyae rsay be made by direct cash paynents between the employee and
the Board. Payments by Public Agency to Board may be made in the form
of warra_nt,5, banit checks, bark drafts, certified checks, money orders
or cash.
?. Tnis a:aen(Lnent shall be attached to said contract and shall be effective on
the day of , 19,
?!tress our hands th•a
day of
19.
:MRD
OF AU-1 I1,T ISTP.,:TIO;d
CITY COUNCIL
n_t?Lii�
i"•_Ap', .:..:. :iGT :371EMT SYSTEM
OF 'ME
CITY OF atN
LUIS 03ISPO
a ?r!
-
;
BY
BY
Carl
J. Blechimrer, executive Officer
Presiding
Officer U
Approved as to form:
7
Office, ; Date,
i�
Attest:
Clerk
°R'RS O` -702
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the Foregoing is a true and correct copy
of a Resolution adopted by the _ City Council
(Governing Body)
of the _ City of San Luis Obispo
(Name of Public Agency
on _ April 15, 1980 appearing at Page EE
(Date)
I
Volume EE of the (Minutes) (Official Records) of the
City Council
(Governing Body)
IT LERfC or J.H`Fitzpatrick
� d�a�t!�f�!l�gls!b!d•l���fd
- — PEkS-CON-12 - (l 1 /- ll) - -- - -- - - -- - -- -- - - - — - --
Public Employees' Retirement System
Post Office Box 195
Sacramento, CA 95�* -y �-
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 by the City Council of
(governing body)
City of San Luis Obispo at least two weeks prior to the adoption
(public agency)
of the increase in public retirement plan benefits as provided by Section
20024.2 _ one -year final compensation
(optional benefit)
Date: April 16, 1980
Ooriginal signature J.H. Fitzpatric
City Clerk
official title
PERS- CON -12A (1/80)
O C 461..jl l_1 �
RESOLUTION NO. 4141 (1980 Series)
A RESOLUTION OF "THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING THE CLOSING OF STATE HIGH14AY
FOR THE SHRINE PARADE TO BE HELD AUGUST 9, 1980
WHEREAS, the members of the Al Malaikais Shrine will be holding their
temple celebration on August 9, 1980; and
WHEREAS, a parade on Saturday morning, August 9, 1980, is an integral
part of the Shrine celebration; and
WHEREAS, this parade and conclave will be a most important civic cele-
bration, drawing visitors and- members-of Al Malaikais Temple to this city
from distant places to see this most extraordinary parade and to take part
in the shrine meeting.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. A Parade Permit is hereby issued to Al Malaikais Shrine Temple
authorizing the closing of Highway 227 to Broad Street and the closing of
Highway 101 off -ramp at Marsh Street during the hours of 10:00 a.m. to 1:00 p.m.
on August 9, 1980.
2. The City Police Department and-other city departments are directed
to cooperate with Shrine officials in putting on the parade.
3. The Department of Transportation- and -the California Highway Patrol
shall be notified of the proposed closing of a portion of a State Highway for
this parade, and they are hereby requested to approve this action.
4. The City Clerk is hereby directed to notify appropriate city depart-
meets and State agencies by forwarding copies of this Resolution.
R 4141
Resolution No. 4141 (1980 Series)
On motion of Councilman Bond seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin and Munger
NOES: None
ABSENT: Mayor Lynn R. Cooper
J the foregoing Resolution was passed and adopted this 15th day of April ,
1980.
Mayor Pro Tem Ronald Dunin
ATTEST:
City erc Fitzpatrick
Approved:._
City A4916fsiLtivve Officer
City Attorney
RESOLUTION NO. 4140 (1980 Series)
A RESOLUTION OF INTENTION TO ABANDON A PORTION
OF OLIVE STREET BETWEEN OSOS STREET AND STENNER CREEK.
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 Olive Street between Osos Street and Stenner Creek as
shown on the map marked Exhibit "A" attached hereto and incorporated herein
by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets
and Highways Code.
SECTION 2. Copies of the map and agreement showing the particulars
of the proposed abandonment are also on file in the Office of the City Clerk.
SECTION 3. Tuesday, May 20, 1980, at 7:30 p.m., in the Council
Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is
the time and place set for hearing all persons interested in or objecting to
the proposed abandonment, which time is not less than fifteen (15) days from
the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall
be published once in full, at least three (3) days before the public hearing on the
proposed abandonment, in the Telegram - Tribune, a newspaper published and circu-
lated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices
of the proposed abandonment along that portion of the street proposed to be
abandoned at least ten (10) days before the date set for hearing in accordance
with.section 8322 of the Streets and-Highways Code.
SECTION 6. The proceedings to be taken will be subject to reservation
by the city of public easements for access and drainage to Stenner Creek.
R 4140
Resolution No. 4140
Abandonment: 900 Block of Olive Street
Page 2
On motion of Councilwoman Billig , seconded by Councilman Bond ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin and Munger
NOES: None
ABSENT: Mayor Lynn R. Cooper
the foregoing resolution was passed and adopted this 15th day of April ,
1980.
Mayor o- Tem- Ronald Dunin
ATTEST:
Ci Clerk J.H. Fitzpatrick
APPROVED:
-/1
City Administrative Officer
City Attorney
"�V
Community D velopment Director
/ City Engineer.
l
9
N 'I
ABANDPROPOSED
( .
r
0
PROPOSED STREfrA&4NDONAIMr
EXHIBIT "All
follows:
RESOLUTION NO. 4139 (1980 Series)
A RESOLUTION OF INTENTION TO ABANDON A PORTION
OF HOWARD STREET ADJACENT TO HIGHWAY 101.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. It i.s the intention of the City of San Luis Obispo to
abandon a portion of Howard Street adjacent to Highway 101 as shown on the
map marked Exhibit "A" attached hereto and incorporated herein by such
reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and
Highways Code.
SECTION 2. Copies of the map and agreement showing the particulars
of the proposed abandonment are also on file in the office of the City Clerk.
SECTION 3. Tuesday, May 20, 1980, at 7:40 p.m., in the Council
Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is
the time and place set for hearing all persons interested in or objecting to
the proposed abandonment, which time is not less than fifteen (15) days from
the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be
published once in full, at least three (3) days before the public hearing on
the proposed abandonment, in the Telegram- Tribune, a newspaper published and cir-
culated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices of
the proposed abandonment along that portion of the street proposed to be
abandoned at least ten (10) days.before the date set for hearing in accordance
with section 8322 of the Streets and Highways Code.
SECTION 6. The proceedings to be will be subject to reservation
by the city of a public easement for storm drainage across the portion of
Howard Street to be abandoned.
R 4139
Resolution No. 4139.
Abandonment: 600 Block of Howard Street
Page 2
On motion of Councilwoman_Billig , seconded by Councilman Bond
and on the following roll call vote:
AYES: Counc_ilmembers Billig, Bond, Dunin and Munger
NOES: None
ABSENT: Mayor Lynn Cooper
the foregoing resolution was passed and adopted this 15th day of April ,
Mayor o -Tem Ronald Dunin
ATTEST:
City 7.H. Fitzpatrick APPROVED:
City Administrative Officer
City Attorney
Community blvelopmOt Director
J City Engineer
f
O
ti -PHILLIPS LN.
rx
IPROPOSED STREET
ABANDONMENT
E X H I B I T "All
,
RESOLUTION NO. 4138 (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: "JACK HOUSE SITE IMPROVEMENTS"
ESTIMATE: $30,000.00
BIDDER: Richard Beller
CITY PLAN NO:
BUDGET ACCOUNT: 30- 5762 -729
BID AMOUNT: $41,820.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond seconded by Councilwoman Billie ,
and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of April ,
1980.
ATTEST:
.fir
APPROVED:
City AANIfils`trative Officer
City At
inan Di ec
R 4138
i
6"1
RESOLUTION NO-. 4137 (1980 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: "LIZZIE STREET /WILDING LANE
WATERLINE"
ESTIMATE: $20,323.00
CITY PLAN NO: Da44
BUDGET ACCOUNT: t40- 6362- 715(D44)
BIDDER: R. BAKER,, Inc._ _ BID AMOUNT: $16,230.00
SECTION 2. That the City.Clerk is directed to prepare the appropriate .
documents for signature by the successful bidder and the Mayor.
On motion of Councilwoman Billig seconded by Councilman Bond
and on the following roll call vote:
AYES: Couricilmembers Billig, Bond, Dunin, Munger and Mayor Cooper
NOES: Noire,
ABSENT: None
the foregoing Resolution was passed and adopted this 1st
1980.
ATTEST:
I
day of April ,
APPROVED:
City AdTfiEistrative Officer
R 4137
RESOLUTION NO. 4136 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO REALLOCATING WATER TRANS - °
MISSION CAPITAL FUNDS FROM NEW CAPITAL CON-
STRUCTION TO CAPITAL IMPROVEMENTS
BE IT RESOLVED by the Council of the City of San Luis Obispo to reallocate
$72,000 from the Andrews Street Feeder Account (Account Number 40- 6361 -641) to
the Substandard System Improvements Account (Account Number 40 -6362 -716).
On motion of Councilman Bond ,seconded by Councilwoman Billig,
and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of April ,
19 80 .
ATTEST:
��
CI LERK J.H. FITZPATRICK
APPROVED:
City Adm' 1st a i e Of icer
City Attorney
rect o in ce
Director of Public Services
R 4136
RESOLUTION NO. 4135 (1980 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: "WATERLINE IMPROVEMENT PROJECT" CITY PLAN NO: D -26, D -27, D -34
(40- 6362- 716(D26)
ESTIMATE: $65,488.00 BUDGET ACCOUNT: (40- 6362- 716(D27)
(40- 6362- 715(D34)
BIDDER: R. BAKER1'1nc.`:
BID AMOUNT: $50,578.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond , seconded by Councilwoman Billi¢ ,
and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of
19 80
ATTEST:
CI � .H. FITZPATRICK
APPROVED:
City 'dmini r tive Officer
ril _ ,
R 4135
RESOLUTION N0. 4134 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF -AN
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: "MONTEREY HEIGHTS WATERLINE"
ESTIMATE: $14,319.00 with contingencies
BIDDER: Fred Julien & Associates
CITY PLAN NO: D -07
BUDGET ACCOUNT:. 40- 6362- 716(DO7)
BID AMOUNT: $74,672.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond seconded by Councilm_an_Dunin ,
and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted his .lst__day of _ -April ,
1980..
ATTEST:
r
CI L RK J.H. FITZPATRICK
APPROVED:
R 4134
RESOLUTION NO4133(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR
SUBDIVISION 79 -169, LOCATED AT 1344 SIDNEY STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council, after consideration of the tentative map
of Minor Subdivision No. 79 -169 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1. The proposed parcel map and design are consistent with the General Plan.
2. The site is physically suited for the proposed type and density of develop-
ment which is permitted by the R -1 zone.
3. The design is not likely to cause substantial environmental damage,
or cause serious public health problems..
4. The design of the proposed subdivision will not conflict with public
easements for access through, or use of property within the proposed
subdivision.
SECTION 2. That the approval of the tentative map for Minor Subdivision
79 -169 be subject to the following conditions:
1. Subdivider shall prepare a common driveway agreement, and submit it to
the city for approval and recordation, prior to final map approval.
2. Subdivider shall remove or relocate existing buildings in accordance
with all applicable building code and Zoning Regulations.
R 4133
Resolution No. 4133
Page 2
On motion of Councilwoman Billig seconded by Councilman Bond ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Munger and Mayor Cooper
NOES: None
C
ABSENT: None
the following Resolution was passed and adopted ,*is 1st day of April, 1980.
ATTEST:
C' Clerk J.H. Fitzvatrick
APPROVED:
City Adm "istrative Officer
City Attorney
Community De elopmen irector
RESOLUTION NO. 4132 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO AUTHORIZING FORMAL APPLICATION FOR
EQUIPMENT PURCHASES FOR THREE TRANSIT SYSTEMS
SERVING THE CITY
WHEREAS, the San Luis Obispo County Area Council of Governments will'be
placing- priorities on the City prel- iminary applications for Section18 funds for
equipment purchases for three transit systems serving the City and has requested
formal applications therefor; and
WHEREAS, this Council desires to act on that request by submitting formal
applications;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. City staff is authorized and directed to make formal application
for the funds described above for purchase of the equipment listed below:
SYSTEM
North Coastal Transit System
(Cuesta shuttle)
North Coastal Transit System
(SLO -Morro Bay)
SLO Transit System
EQUIPMENT
Two 45 passenger buses
One 45 passenger bus
Four 31 passenger buses
TOTAL
FUNDING REQUEST.
$240,000
120,000
360,000
$720,000
On motion of Councilman Bond --- seconded by Councilman.Dunin ,
and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adop
ATTEST:
S-0� 7.H. FITZPATRICK
,non
R 4132
Resolution No. 4132
Approved:
City Admini a ive Officei
City Attorney
Director of Public Services
(1980 Series)
O
RESOLUTION NO. 4131" (1980 . Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN .LUIS
OBISPO APPROVING THE SAN LUIS OBISPO REGIONAL TRANSIT
AUTHORITY BUDGET FOR FISCAL YEARS 1979 -80 AND.1980 -81
BE IT RESOLVED by the Coiincil of the City of San Luis Obispo as follows::
SECTION 1. The attached "San Luis Obispo Transit Authority Statement of
Revenues and Expenditures for Fiscal Years 1979 -80 and 1980 -81" hereby is
approved and adopted by this Council.
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: One Vacancy
the foregoing Resolution :was passed and adopted this
8th "day of March, 1980.
ATTEST::
CITY CL
Approved: /
Cit sfi dative Officer
City Attorney
Fan it or.
��J3 J
M
SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY S.
STATEMENT OF REVENUES LAND EXPENDITURES
FOR FISCAL YEARS 197.9 -80 and 1980 -81
1979 -80
Cash on Hand 6 -30 -79 $53,712
Revenues = Estimated:
Member Agencies Contributions
SLO County $11,538
Other Members 13,462 $2.5,000
Interest 51200
Fares 2,000
Total Revenues $32,200
Expenditures - Estimated:
$85,912
Operating Expense - `Contractor
$18,450
General Expense
Administration $2,600
Audit 500
3,100
Total Expenditures
$21,550
Estimated Balance 6 -30 -80
$64,362
1980 -81
Revenues - Estimated:
Interest
5,000
Fares
3,000
Total Revenues
$ 81000
$72,362
Expenditures - Estimated:
Operating -- Expense — Contract
$48,204
General Expense
Administration $ 3,526
Audit 500
4,026
Total Expenditures
$52,2.30
Estimated Cash Available 6 -30 -81
$20,132
1 of 3
c 4—
0
ti
Funding 1980 -81
Agency
Percent
Arroyo Grande
7.24
Atascadero
15.40
Grover City
5.72
Morro Bay
6.21
Paso Robles
5.81
Pismo Beach
3.57
San Luis Obispo
24.18
County
31.87
Total
100.00
Q-*
Amount
-0-
-0-
-0-
-0-
-0-
-0-
-0
-0-
2 of 3
-CITY OF ARROYO GRAND
By:
Clerk
CITY OF ATASCADERO
By: - -
Clerk
CITY OF GROVER CITY
By:
Clerk
CITY OF MORRO BAY
By:
Clerk
CITY OF PASO ROBLES
By:
Clerk
CITY OF PISMO BEACH
By:
Clerk
CITY OF SAN LUIS OBISPO
By:
Clerk.
COUNTY OF SAN LUIS OBISPO
By:
Clerk
APPROVAL RECOMMENDED:
By:
Transit Manager
DATE:
RESOLUTION NO.
DATE:
RESOLUTION NO.
DATE:
RESOLUTION NO.
DATE
RESOLUTION NO.
DATE:
RESOLUTION NO..
.DATE:
RESOLUTION NO.
DATE:
RESOLUTION NO.
DATE:
RESOLUTION NO.
3 of _3
RESOLUTION NO. 4130 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ESTABLISHING SPECIAL REQUIREMENTS FOR THE
PURCHASE, DEDICATION AND IMPROVEMENT OF STREET
RIGHT -OF -WAY
BE IT RESOLVED by the Council of the City of San .Luis Obispo to establish
the following special requirements for'the purchase, dedication and improvement
of street "right -of -way:
SECTION_1. Requirements where the City budgets funds for construction of
a street widening and purchase of property lying.within the proposed right -of-
way.
A. The City must pay to the owner fair market value for the portion of
the lot and improvements lying within the proposed right-of-way.
B.-. If purchase of property creates non - conforming conditions, the City
-shall advise the current property owner of this non- conformity by certified mail
no later than the commencement of negotiations to purchase the property.
C. If no sound curb, gutter and sidewalk lie at the existing street front-
age, the property owner shall install these improvements at the new street
frontage for the full width of the lot to meet current City.standards for such
construction. If the property owner does not wish to install required improve-
ments, the estimated cost of these improvements must.be deducted from the final
negotiated price of the property. The City will then assume responsibility for
installing these improvements at its convenience. The City Engineer shall
determine the estimated cost of improvements plus the soundness and extent of
existing improvements.
D. If sound curb, gutter and sidewalk lie at the existing street frontage,
the City shall replace these improvements at the new street frontage.
E. The City shall pave out the street to meet the installed curb and gutter.
The City Engineer shall specify the paving material.
R 4130
01
Resolution No. 4130 (1980 Series)
SECTION 2. Requirements where a property owner applies to improve
property or applies -for a use permit.
A. Before erecting, enlarging or remodeling any structure on a lot which.
abuts a street designated for widening, the property owner must agree to dedi-
cate to the City any portion of that lot lying within the proposed right -of -way.
B. Before commencing a use which requires a use permit and which requires
7_ or more parking spaces on a lot which abuts a street designated for widening,
the property owner must agree to dedicate to the City any portion of that lot
which lies within the proposed right -of -way.
C. The property owner shall dedicate the required property by delivering
to the City recordable documents to convey clear title to the City. The'City
shall prepare the documents required for dedication.
D. The City shall not issue a building permit or use permit for property
requiting dedication until the property owner has agreed in writing to dedicate
the required property to the City.
(1) The City Engineer shall prepare any dedication agreement.
(2) The City Attorney shall approve the form of any dedication
agreement.
E. Prior to occupancy or use, the property owner shall install curb,
gutter and sidewalk at the new street frontage for the full width of the lot
to meet current City standards for such construction.
F. Prior to occupancy or use, the property owner shall pave out the
street to meet the installed curb, gutter and sidewalk. The City Engineer shall
s pecify the paving material.
(1) On streets not constructed to full City standards, the property
owner shall pave one half the street required plus a 12 -foot
lane. Property owners developing one single - family home need not
pave the additional 12 -foot lane.
Resolution No. 4130 Cc� Series)
G. Prior to occupancy or use, the property owner shall plant street trees
to meet current City standards.
H. If the property owner does not wish to install required improvements,
prior to occupancy or use, he must pay to the City the estimated cost of these
improvements. The City shall then assume responsibility for installation of these
improvements at its convenience.
(1) The City Engineer shall determine the estimated cost of improvements.
(2) Upon installation of improvements, the City shall deduct actual
costs from the property owners payment and refund any remainder.
(3) Under- special circumstances, the property owner may post a cash
bond in lieu of payment.
I. If funds are available, the City may contribute up to five thousand
dollars for a street pave out to property which meets all these conditions:
- is zoned for residential use.
contains no more than one dwelling unit.
cannot be further subdivided under existing zoning.
- has curb, gutter and sidewalk installed by the property owner..
- has no existing requirement for paving and improvement.
(1) The City reserves the right to review and reject any private con-
tract proposal for pave out for which the.City will pay in whole or
in part.
(2) The City reserves the right to perform with City forces any pave
out for which the City will pay in whole or in part.
(3) The City shall not contribute funds or labor for a pave out until
the property owner agrees in writing to reimburse the City for its
contribution in the event the property owner or subsequent purchaser
further develops to higher use or subdivides the property within two
years following installation of all street improvements.
Q
Resolution No. 4130 (1980 Series)
(a) The City Engineer shall prepare any pave out reimbursement
agreement:
(b) The City Attorney shall approve the form of any pave out
reimbursement agreement.
(c) The City Council shall approve any pave out reimbursement
agreement.
(d) Upon completion of a City- financed pave out, the City
Engineer shall note on the original pave out reimbursement
agreement the full value for the City's contribution of
funds or labor.
J. The City shall not require dedication of the portion of a lot
currently occupied by a building which existed on January 1, 1965 or on the
adoption date of official setback line maps.
K. If anticipated construction will not lie within proposed right-
of -way, the following construction will not require dedication:.
- additions and accessory buildings incidental to a building legally
existing on the lot. Total cumulative floor area of such additions
and accessory buildings shall not exceed two hundred square feet.
- additions, alterations and repairs within any 24 -month period when the
total value of this construction does not exceed 50 percent of the
value of the existing building or structure at the beginning of this
24 -month period. The City Chief Building Inspector shall determine
Resolution No. 4130 (1980 Series)
the applicability of this provision. If the City purchases right -of -way
after initial construction and the property owner subsequently makes
improvements within the original 24 -month term which would have
necessitated dedication, the property owner must reimburse to�the.
City the purchase price of the property.
SECTION 3. Requirements where a property owner voluntarily dedicates
property lying within the proposed.right -of -way and does not contemplate
development within two years of the date of dedication.
A. The property owner - shall nstall curb; gutter and. - sidewalk at_-th6.new
street frontage for, the full width of the lot.
B. The City shall pave out the street to meet the installed curb and
gutter. The City Engineer shall specify the paving material.
C. If the property owner develops his property or obtains a use
permit within two years of the date of dedication, and either of these
actions would have subjected him to the provisions of Section 2 of this
resolution, he must reimburse to the City the cost of any curb, gutter,
sidewalk and pave out improvements installed after the date of dedication.
SECTION 4. This resolution supercedes Resolutions 3732, 3067, 2597, 2289
and 341.
On motion of Councilman Bond seconded by Mayor Cooper
and on the following roll call vote:
AYES: Councilman Bond, Mayor Cooper, Councilmembers.Billig and Dunin
NOES: None
ABSENT: One Vacancy
Resolution No. 4130 (1980 Series)
the foregoing Resolution was passed and adopted this 18th day of
March , 1980, but shall not become effective until ordinance
No. 847 (1980 series) takes effect
ATTEST:
CITY J. H. FITZPATRICK
APPROVED:
* * * * * * * * * *
U�n so-,�
Director of C mmunitr elbpment
Director of Public Services
ty
REQUIREMENTS FOR
PROPERTY OWNERS AND THE CITY
WHEN STREETS ARE WIDENED
SITUATION
PROPERTY
OWNER'REQUIRE('9ENTS
CITY REQUIREMENTS
City initiates
widening and purchases right -of-
1.
Install sound curb, gutter and sidewalk
1.
Provide engineering and descriptions
way
where none exists; or deduct estimated
Ocost
A
from final price
2.
3.
Record any nonconformity created
Place overhead utilities underground .
4.
Replace deficient public utilities
5.
Plant street trees
6.
Pay fair market value for .property
7.
Advise owner of potential nonconformity
8.
.Replace sound curb, gutter and sidewalk
9.
Pave out street to new curb and gutter
Property owner
applies-to subdivide property
1. Dedicate required right -of -way
2.
Install improvements required in
O
Subdivision Ordinance
Property owner
applies to develop property
1. Dedicate required right -of -way
1.
Provide engineering and descriptions
(except R -1 or
subdivision)
2.
Install curb, gutter and sidewalk
2.
Prepare documents for dedication
or
3.
Pave out street to new curb and gutter
3.
Record any nonconformity created
Property owner
applies for .use permit
requiring more
than; six parking spaces
4.
Replace deficient public facilities if
4.
overhead utility lines underground
O
required by Code
5.
_Place
Replace deficient public facilities unless
C
5.
Plant street trees
-
re -
quired of applicant
Property owner
applies to develop property
1.
Dedicate required right -of -way
1.
Provide engineering and descriptions
(R -1)
2.
Install curb, gutter and sidewalk
2.
Prepare documents for dedication
O-
3.
Pave out street to new curb and gutter
3.
Record any nonconformity created
4.
Comply with specified conditions if City
4.
Place overhead utilities underground
contributes for paveout
5.
Replace deficient public facilities
6.
Contribute up to $5,000 for street paveout.
if funds are available
Property owner
voluntarily offers to dedicate
1.
Dedicate required right -of -way
1.
Provide engineering and descriptions
right -of -way
--
- -- _ -- - -. -_ ---
Install curb, gutter and sidewalk
2.
Provide documents for dedication
O.2.
E
3.
Refrain from specified development or
3.
Record any nonconformity created
use for two years
.
--
- - - -
4.
Place overhead utilities underground
5.
Replace deficient public facilities
6.
Plant street trees
7.
Pave out street to new curb and gutter
RESOLUTION NO. 4129_(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR
SUBDIVISION 79 -258, LOCATED AT 620 PARK STREET
/L.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council, after consideration of the tentative map
of Minor Subdivision No. 79 -258 and the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1._ The proposed parcel map and design are consistent with the General Plan.
2. The site is physically suited for the proposed type and density of
development which is permitted by the R -1 zone.
3. The design is not likely to cause substantial environmental damage or
cause serious public health problems.
4. The design of the proposed subdivision will not conflict with public
easements for access through, or use of property within the proposed
subdivisions.
EXCEPTIONS:
The following lot depth exceptions are hereby approved, based upon the findings
below:
1. Parcels 1 and 2: 89.83 feet lot depth where 90 feet is normally required.
a. The variance granted does not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the same
vicinity.
b. Because of special circumstances, notably the configuration of the
existing parcel, the struct literal application of the Subdivision
Ordinance would deprive the property of privileges enjoyed by other
properties in the vicinity.
C. Under the circumstances of this particular case„ the variances re-
quested carry out the spirit and intent of the Subdivision Ordinance.
SECTION 2. That the approval of the tentative map for Minor Subdivision
79 -258 be subject to the following conditions:
I. The final map shall contain the following note:
R 4129
Resolution No. -4129_
Page 2
"Private sewer pumps may be needed to provide sewer service to
Parcels 1 and 2. Buildings on Parcels 1 and 2 shall be designed
to minimize or eliminate the need for private sewer pumps."
2. Existing water service pipe for property not a part of this subdivision
shall be removed, or an appropriate easement provided over the pipe
to the approval of the City Engineer.
3. The final map shall.contain the following note:
"No construction shall be allowed on Parcel 3 until such time as an
adequate fire hydrant is provided by the subdivider.
On motion of Councilman Bond ,- seconded by Councilwoman Billig
and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: One vacancy
The foregoing Resolution was passed and adopted this 18th day of march
l •:M
ATTEST:
City C . Fitzpatrick
0
f
Resolution No.-412.9
Page 3
APPROVED:
City Adm t ative Officer
�i
City Attorney
Community De a opment D rector
bee
3/4/80
RESOLUTION NO. 4128 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING RESOLUTION NO. 3991 BY PROVIDING
FOR PAYMENT FOR FIREFIGHTER RESERVISTS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Employees classified as Firefighter Reservist shall be
compensated at the following rates:
Training :._.,__. $3.25/hr
Response to fire or other emergencies $4.25/hr
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: One Vacancy
the foregoing Resolution was passed and adopted
1980.
ATTEST:
CITY CLE J.H. FITZPATRICK
ADDDATTLT
Citv Attornev
18th day of March ,
R 4128
• 1_D
RESOLUTION NO. 4127 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO FINDING AND DETERMINING THAT FIRE
CAPTAIN JOHN SILVA 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 John Silva employed
by the City in the position of Fire Captain, 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 March 1, 1980.
BE IT FURTHER RESOLVED that there is not a possiblity of third -party
liability present.
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: One Vacancy
R 4127
C �J
Resolution No. 4127 (1980 Series)
the foregoing Resolution was passed and adopted this 18th day of March ,
19 80 .
ATTEST:
CITY C -% H. FITZPATRICK
APPROVED:
( � - ///X///
City Administrative Officer
City Attorney
i
RESOLUTION NO. 4126 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAP? LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
BOBBY KOBER FOR OPERATION OF THE GOLF COURSE CON-
CESSION THROUGH MARCH 31, 1981
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That certain agreement, on file in the Office of
the City Clerk of the City of San Luis Obispo and incorporated
herein by reference, between the City of San Luis Obispo and
Bobby Kober for operation of Laguna Lake Golf Course as conces-
sionaire through March 31, 1981, is hereby approved and the Mayor
is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this
resolution to: Bobby Kober, Director of Parks & Recreation,
Director- of Public Services, Finance Director.
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: One Vacancy
the foregoing Resolution was passed and adopted this 18th day of
March , 1980.
ATTEST:
J itzpatrick, City Clerk
Approv as to form:
City Attorney
Approved as to content:
e Officer
,DirAfctor of Parks & Recreation
R 4126
SAN LUIS OBISPO CITY
GOLF COURSE CONCESSION AGREEMENT
THIS AGREEMENT, dated April 11 1979, for the convenience
of the parties hereto, is by and between THE CITY OF SAN LUIS
OBIPSO, a municipal corporation (hereinafter "City "), and
BOBBY KOBER, a PGA professional.(hereinafter "Concessionaire ").
WITNESSETH:
WHEREAS, City is the owner of Laguna Lake Golf Course;
and
WHEREAS, City desires to care for, maintain, develop,
operate and control said golf course; and
WHEREAS,. City desires to grant.concessions in and upon
said golf course consistent with the use thereof for recreation
purposes;
NOW, THEREFORE, in consideration of the mutual covenants,
conditions, promises, and agreements herein contained, the City
and Concessionaire hereby mutually covenant and agree as follows:
1. Grant and Description of Premisesr The City, for
and in consideration of the agreements hereinafter stated, grants
to Concessionaire the non- exclusive rights and privileges to
maintain and operate "a golf - related concession within the golf
course. No concession rights expressed or implied, other than
those expressly given in this agreement are granted, and any
other concession rights are hereby denied Concessionaire under -
this agreement.
2. Condition of Premises: The taking of possession of
the subject premises by Concessionaire shall, in itself, constitute
acknowledgment that the subject premises are in good and tenantable
condition. Concessionaire agrees to accept said premises in their
presently existing condition, "as is and that the City shall not
be obligated to make any alterations or additions.
4/11/79 "
U
N
3. Term: The term of this agreement shall commence on
the first day of April, 1979 , and terminate on the 30th day of
September, 1979. At the expiration or termination of this agreement
as herein provided, Concessionaire shall remove from said premises
or otherwise dispose of in a manner satisfactory to the City all
personal property belonging to Concessionaire located on said
premises: Should Concessionaire fail to remove or dispose of his
property as herein provided, the City may, at its election, con-
sider such property abandoned or may dispose of same.at Concession-
aire's expense.
4. Auditing: Concessionaire shall maintain such records
and accounts as the Finance Director shall.require.. Concessionaire
shall, at.his own sole expense, have his records and accounts
audited annually by an independent accountant and shall present
said audit to the Office of the Finance Director within thirty
(30) days after the completion of the audit.. City may make its
own audit of Concessionaire's records and.accounts at.or about-
said time, if it so desires.
The City shall have the right through its representative,
and at all reasonable times, to inspect such books and records,
including State.of California sales tax records; and Concessionaire
hereby agrees that all such records and instruments are available
to the City. All federal tax returns of Concessionaire insofar
as this concession are concerned shall also be made available to
the.Finance Director for checking'purposes.
Concessionaire agrees that as part of his record- keeping
activity he shall at his own cost and expense install and maintain
such cash register equipment as may be deemed necessary by the
City. Such cash register- equipment shall contain a continuous
registering tape.
The term "gross receipts" whenever used in this agreement
is intended to and shall mean all monies, property or any other
thing of value received by Concessionaire through the operation
of said concession, or from any other business carried on or
upon said premises or any portion thereof, or from any other use
-2-
of said premises or any portion thereof by Concessionaire, without
any deduction or deductions; it being understood, however, that
the term "gross receipts" shall not include any sales or excise
taxes imposed by any governmental entity and collected by Con-
cessionaire.
The Concessionaire agrees to pay to the City, once a
month, thirty (30) percent of all gross receipts derived from
rental of driving range balls. The Concessionaire further agrees
to pay to the City, once a month, five (5) percent of all gross
receipts from sales of food and beverages, golf rentals and all
golf merchandise. The Concessionaire will receive all income
from golf lessons except as otherwise indicated in this agreement.
Fees charged by golf pro subject to approval by City.
5. Use of Premises: The subject premises shall be
used by the Concessionaire for the furnishing and equipping of
a golf- related concession and other related services,to wit:
a. Furnish and install at:his own expense in the
pro -shop, all necessary furniture, furnishings and
equipment required for the proper service to the
general public.
b. Maintain for sale and rental in the pro -shop
an adequate and reasonable stock of golf clothing, golf
clubs, golf supplies and equipment.
c. Maintain for sale in the pro -shop an adequate
and reasonable supply of packaged snacks, candy, soda
pop and prepared coffee to reasonably meet the demands
of the public patronizing the golf course.
d. Provide and maintain for rental hand carts in
sufficient number to reasonably meet the demands of the
public patronizing the golf course. The storage and
service thereof shall be in an area approved by the
Director of Parks & Recreation.
e. Give instructions in and teach golf. Concession-
aire shall have the use of the driving range and practice
-3-
_ • o
tee for the teaching or imparting of instruction in
the game of golf, as long as driving range property
is available to the City. Concessionaire shall pur-
chase all necessary range balls for rentals..
f. Make available to the Recreation Department,
the driving range and practice green on a scheduled
basis determined by PGA Pro and Director and not to
exceed ten (10) hours per week for the purpose of
conducting beginning group golf lessons sponsored by
the Recreation Department.
g. Operate the pro -shop and golf driving range
in a businesslike manner and to the satisfaction of
the Director..
h. Be solely responsible for complete janitorial
services and the furnishing of janitorial supplies,
lamps, and tubes for the proper maintenance of the
pro -shop and snack bar.
i. Be responsible for all activity on the golf
course including the enforcement of such rules and
regulations relating to the conduct of patrons on the
golf course, as may be adopted by the City.
j. Collect green fees and all other fees as set
,by the City. All fees collected shall be kept separate
and apart from any other monies collected or kept by the
Concessionaire. The fees shall be accounted for-and
shall be transferred to the City in such manner and at
such times as the Director may from time to time provide.
City will provide its own cash register for the fees so
collected.
The Concessionaire shall have the right and duty to manage,
operate and control all of said activities and to do all things
necessary in the exercise of such management, operation and control
subject to the terms and conditions of this agreement. Concessionaire
-4-
shall operate and maintain the premises and facilities together
with the non - exclusive right to use the parking lot.
Concessionaire shall operate the concession facilities
in accordance with the regulations and policies of the Director
of Parks and Recreation, and in accordance with the terms and
conditions set forth in this agreement.
Concessionaire shall not use or permit the subject
premises to be used in whole or in part, during the term of this
agreement for any purpose other than as set forth, without the
prior written consent of the City. Concessionaire expressly
agrees at all times during the term of this agreement,at his
own cost and expense, to maintain and operate such premises and
areas adjacent, in a clean, safe, wholesome and sanitary condition,
free of trash, garbage or obstruction of any kind, and in compli-
ance with any and all present and future laws, rules, or regulations
of any governmental authority, now or at any time during the term
of this agreement in force, relating to sanitation or public
health, safety or welfare;.and Concessionaire shall at all times
faithfully obey and comply with all laws, rules and regulations
of federal, state, county or other governmental bodies or depart-
ments or officers thereof. Concessionaire shall notify the
Director of Parks and Recreation without delay any defective,
dangerous or unsanitary conditions.
Concessionaire will meet once each month with the Laguna
Lake Golf Course Advisory Committee to discuss matters pertaining
to the maintenance of the golf course and the operation of the
concession.
The Laguna Lake Golf Course Advisory Committee will be
appointed by the Park and Recreation Commission and meet on a
regular day and hour each month, the day and hour being mutually
agreed to by the Concessionaire and Director.
The Laguna Lake Golf Course Advisory Committee will be
comprised as follows:
=5-
M
1. The Director of Parks and Recreation or his
assignee
2. The golf course concession manager
3. The supervisors of golf course maintenance or
his assignee
4. One member of the Park and Recreation Commission
5. Current President of the Laguna Lake Golf Course
Ladies Club
6.
Member
at
large
7.
Member
at
large
8. Member at large
The last five named committee members will be voting
members should recommendations from this advisory committee be
forwarded to higher City authority.
Concessionaire enters into this agreement solely and ex-
clusively as an independent contractor and only in that capacity
and not as a partner, employee or other agent of the City. All
services performed by Concessionaire relating to operation and
management of the course in combination with collection of fees
and payment of the percentages set forth herein are tendered as
consideration supporting this agreement.
All advertising matter to be published or circulated by
or on behalf of Concessionaire shall be submitted to and approved
by the City, namely the Park and Recreation Department, prior to
.publication or circulation.
6. Assignments: Except as expressly provided elsewhere
in this agreement, no transfer or assignment by Concessionaire
of this agreement or of any part thereof or interest therein,
directly or indirectly, voluntarily or involuntarily, shall be
made unless such transfer or assignment is first approved in
writing by the City.
7. Title to Improvements: Concessionaire hereby
acknowledges the existing ownership of City in and to all real
property in the area and hereby covenants and agrees never to
assail, contest or resist said ownership.
aM.
8. Construction or Modification of Improvements: Con-
cessionaire may construct or modify with the approval of the City
Park and Recreation Department, concession improvements. Such
construction or modification shall be without cost to the City.
Upon completion of each new improvement, Concessionaire shall
file with the City a Notice of Completion and will submit verified
cost statements accompanied by substantiating invoices and bills
of labor, material or other construction costs for the City's
appraisal of improvements to which the Notice of Completion
relates.
In the event that construction, modification or addition
to concession improvements is desired, the approval, in writing,
of the City shall first be obtained prior to such construction,
modification, or addition. Additionally, plans and specifications
for such changes shall be submitted to the City for approval.
9. Completion of Improvements: Upon approval of and
in accordance with the working drawings, plans and specifications
as prepared and submitted by Concessionaire to City for approval,
Concessionaire shall immediately commence construction of the
facilities described and prosecute the same to.completion with
all due diligence, provided that such time for completion will
be extended by a fair and reasonable period on account of any
delay due to fire, earthquake, wars, strikes or other calamity
beyond the control of Concessionaire.
Concessionaire, at his own expense, shall completely
equip the-concession improvements described herein and shall
keep the same equipped in a first -class manner and to the
satisfaction of the Director of Parks and Recreation, throughout
the term of this agreement.
10. Ownership of Improvements: Title to improvements
on the premises at the commencement of this agreement is retained
by the City, and this agreement is subject to any rights of ownership
in the improvements.
-7
All improvements constructed on the premises by Con-
cessionaire as permitted by this agreement shall be owned by
Concessionaire until expiration of the term or sooner termination
of this agreement. Concessionaire shall not, however, remove
any improvements from the premises nor waste, destroy, or modify
any improvements on the premises, except as permitted by this
agreement. The parties covenant for themselves and.all persons
claiming under them that the improvements are real property.
All improvements on the premises at the expiration of
the term or sooner termination of this agreement shall, without
compensation to Concessionaire, become City's property free and
clear of all claims to or against them by Concessionaire or any
third person, and Concessionaire shall defend and indemnify
City against all liability and loss arising from such claims or
from City's exercise of the rights conferred by this paragraph.
11. Maintenance and Use of Improvements: Concession-
aire agrees to maintain any and all concession facilities on the
subject premises in good order and repair, at his own cost and
expense, during the entire term of this agreement.
Concessionaire will be responsible for the maintenance
of pro -shop and snack bar. City will be responsible for the
maintenance of all outdoor portions of said pro -shop, restrooms
and the exterior and structural maintenance of said building.
Concessionaire shall perform at his own cost and expense,
any required maintenance and repairs, and should Concessionaire
fail, neglect or refuse to do so, the City shall have the right
to perform such maintenance or repairs for the Concessionaire's
account; and the Concessionaire agrees to promptly reimburse the
City for the cost thereof, provided however, that the City shall
first give Concessionaire ten (10) days written notice of its
intention to perform such maintenance or repairs for the Conces-
sionaire's account for the purpose of enabling Concessionaire to
proceed with such maintenance or repairs at his own expense.
Concessionaire hereby expressly waives the right to make repairs
at the expense of the City.
aM.
Concessionaire may employ, pay and supervise maintenance
personnel to look after the concession. Maintenance personnel
shall be responsible to Concessionaire and cooperate with City
personnel. All of Concessionaire's personnel shall be of good
moral character and shall be physically able to handle their
duties and must be promptly replaced when derelict in their duties.
There shall be no drinking of liquor, or other alcoholic beverages
in or around the area by Concessionaire's employees except as
authorized by Director.
Concessionaire shall, at all times and at his own .
expense do all things reasonably necessary to protect the
facilities used by Concessionaire and does hereby volunteer the
services of his employees in that behalf.
The City also reserves the right to do any and all work
of any nature necessary for preservation, maintenance and opera-
tion of the golf course and driving range, in any areas within
the confines of said golf course. Concessionaire shall be given
reasonable notice when such work may become necessary and will
adjust concession operations in such a manner that the City may
proceed expeditiously.
The City reserves the right 'to grant, with respect to
said premises, easements, rights -of -way, licenses and permits.
It is understood and agreed that Concessionaire's
services shall be provided during hours and days to meet the
needs of the public. The City reserves the right to set the
hours and days of operation should they be excessive or in
adequate, whichever the case may be.
Concessionaire shall keep said concession open every
day, including Sundays and holidays, except Christmas, during
the term of this agreement unless otherwise agreed to by Director.
12. Utilities and Services: The City may, in its
discretion, provide garbage and trash removal, as well as other
utilities, including telephone, but not toll calls, to the extent
that City facilities and manpower at the golf course permit.
Qt
13. Equipment: Concessionaire, at his own expense, shall
completely equip the concession improvements described herein and
shall keep the same equipped in a first -class manner throughout
the,term of this agreement.
14. Signs and Approval of Name: No signs, names or
placards shall be inscribed, painted or affixed upon said premises
without written consent of the City Parks and Recreation Department.
15. Quality of Service and Control of Rates and Charges:
Concessionaire agrees that he will operate and manage the services
and facilities offered in a first -class manner and comparable to
other first -class concessions providing similar facilities and
services during the entire term of this agreement.
The City shall have access to, and the right to inspect
the schedule of prices and rates for goods sold or services,
rendered or performed upon the subject premises. If the City
determines that any price or prices are unreasonable or inappro-
priate for the services rendered, or the item sold, the same
shall be modified as directed by the City; provided that Con-
cessionaire prior to such modification shall be given a reasonable
opportunity to confer with City and justify such prices.
The City reserves the right to prohibit the sale or
rental of any item which it deems objectionable or beyond the
scope of merchandise deemed necessary for proper service to the
public. A competent employee shall be on the premises at all
times while the concession is in operation. Concessionaire agrees
that he shall and will furnish and maintain a high standard of
service at least equal to that of other establishments in similar
communities and to those prevailing in such areas for similar
products and services. Concessionaire shall post rates and prices
for all rentals and services in such places as may be designated
by the City.
16. Closure: At any time should an occurrence necessitate
the closing of the golf course to the general public, the Con-
cessionaire shall have no recourse by law to the City for losses
incurred.
-10-
17. Hold Harmless Agreement: Concessionaire hereby
agrees to defend, indemnify and save harmless the City of San
Luis Obispo, its officers, agents and employees in any and
every way from any and all manner of damages; charges, suits
and expenses which they may sustain or be put to by reason of
Concessionaire's occupancy or use of the premises, or any
activity carried on by Concessionaire in connection therewith.
18. Liability Insurance: Concessionaire agrees to
obtain and keep in force during the term of this agreement, at
Concessionaire's expense, worker's compensation and public
liability and property damage insurance in companies authorized
to issue such insurance in the State of California. Said
insurance policies shall consist of the following:
a. Worker's Compensation and Employer's- Liability
Insurance: Concessionaire shall maintain in full force
and effect, for the period covered by this agreement,
full Worker's Compensation and Employer's Liability
Insurance with limits of at least STATUTORY with an
insurance carrier satisfactory to the City. In the
event Concessionaire is self - insured, he shall furnish
a Certificate of Permission to Self- Insure signed by
the Department of Industrial Relations Administration
of Self- Insurance, Sacramento, California.
b. Liability Insurance: Concessionaire shall main-
tain in full force and effect, for the period covered by
this agreement, bodily injury, personal injury, including
death resulting therefrom, and property damage insurance
with an insurance carrier satisfactory to the City. This
liability insurance shall include, but shall not be
limited to, protection against claims arising from bodily
and personal injury, including death resulting therefrom
and damage to property, resulting from any act or occurrence
occuring in or about the premises which are subject to this
agreement, or resulting from Concessionaire's operations,
-11-
or from Concessionaire's use of owned or non -owned
automobiles. The amounts of insurance shall not be
less than the following:
Single limit coverage applying to bodily and
personal injury, including death resulting therefrom,
and property damage or a combination of both -
$500,000.00.
The following endorsements must be attached to
the policy:
(1) If the insurance policy covers on an "accident"
basis, it must be changed to "occurrence ".
(2) The policy must cover personal injury as well
as bodily injury.
(3) The policy must cover complete contractual
liability. Exclusions of contractual liability
as to bodily injuries, personal injuries and
property damage must be eliminated from the
basic policy and endorsements.
(4) Broad form property damage liability must be
afforded.
(5) The City of San Luis Obispo, its officers,
employees and agents, shall be named insured
under the policy, and the policy shall stipulate
that this insurance will operate as primary
insurance and that no other insurance effected
by the City or other named insureds will be
called upon to contribute to a loss covered
thereunder.
c. The following requirements apply to all liability
insurance to be provided by concessionaire:.
(1) A certified copy of each policy and a certificate
of insurance shall be furnished City within
twenty'(20) days after execution of this agreement.
A certificate alone is not acceptable..
-12-
(2) Certificates and policies shall state that the
policy shall not be cancelled or reduced in
coverage without thirty (30) days written notice
to. City. Ten (10) days notice is not acceptable,
except in connection with Worker's Compensation
Insurance.
(3) Insurance required shall be placed in a company
or companies acceptable to City and shall have
a policyholders surplus of at least ten (1.0)
times the amount or limit of liability afforded
by the insurance company.
(4) Approval of the insurance by the City shall not
relieve or decrease the extent to which the Con-
cessionaire or any sublessee may be held respon-
sible for payment of damages resulting from its
operation.
d. If Concessionaire does not keep insurance required
by this agreement in full force and effect at all times
during the term hereof, this agreement shall immediately
and automatically terminate, and all rights and privileges
granted hereunder to Concessionaire shall be extinguished
thereby. It is expressly understood that no notice by
the City is required to effect the termination specified
herein.
19.. Taxes: Concessionaire agrees to pay all lawful
taxes, assessments or charges which at any time may be levied by
the state, county, city or any tax or assessment levying body upon
any interest in this agreement of any possessory right which Con-
cessionaire may.have in or to the premises covered hereby or the
improvements thereon by- reason of its use or occupancy thereof
or otherwise as well as all taxes, assessments and charges on
goods, merchandise, .fixtures, appliances, equipment and property
owned by it in or about said premises. Concessionaire shall and
does hereby assume responsibility for payment of any and all
licenses applicable to his operation on said premises.
-13-
20. Inspection of Premises: Concessionaire agrees that
the City, acting through its authorized agents and employees, shall
have the right to enter upon the premises at any reasonable time
to inspect the same.
21. Inspection and Maintenance: The City reserves the
right of ingress and egress to inspect, investigate and survey
said premises as deemed necessary by the City, and the right to
do any and all work of any nature for the preservation, mainten-
ance and operation of the golf course in any areas within the
confines of said golf course.. Concessionaire shall.be given
reasonable notice when such work may become necessary and will
adjust concession operations in such a manner that the City may
proceed expeditiously.
22. Contract Notice:. Any notices herein provided to
be given, or which may be given by either party to the other,
shall be deemed to have been fully given when made in writing
and deposited in the United States mail, postage prepaid and
addressed as follows:
Concessionaire: Bobby Kober
90.3 East McElhany
Santa Maria, CA 93454
City: Department of Parks & Recreation
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
The address to which the notice shall or may be mailed
as aforesaid by either party shall or may be changed by written
notice given by such party to the other as thereinbefore provided,
but nothing herein contained shall preclude the giving of any
such notice by personal service.
23. Interpretation of Agreement: This agreement is
made under and-is subject to the laws of the State of California
in all respects as to interpretation, construction, operation,
effect and performance.
24. Waiver of Terms of Agreement: No waiver by City
at any time of any of the terms, conditions or covenants of
this agreement shall be deemed as a waiver at any time thereafter
-14-
0
of the same of of any other term, condition or covenant herein
contained, nor of the strict and prompt performance thereof. No
delay, failure or omission of the City to re -enter the premises
or to exercise any right, power or privilege or option arising
from any default, nor any subsequent acceptance of "gross receipts"
then or thereafter accrued shall impair any such right, power,
privilege or option or be construed as a waiver of such default
or a relinquishment of any right or acquiescence therein. No
notice to Concessionaire shall be required to restore or revive
time as of the essence after the waiver by the City of any default.
No option, right, power, remedy or privilege of the City shall be
construed as being exhausted by the exercise thereof in one or
more instances. The rights, powers, options, and remedies given
to the City by this agreement shall be deemed cumulative.
25. Modification of Agreement: Notwithstanding any
of the provisions of this agreement, the parties may hereafter,
by mutual written consent, agree to modifications thereof or
additions thereto in writing which are not forbidden by law.
The City shall have the right to grant reasonable extensions
of time to Concessionaire for any purpose or for the performance
of any obligation of Concessionaire hereunder.
26. Breach of Contract: This agreement is made upon
the condition that, if the "gross receipts" or other sums which
Concessionaire herein agrees to pay or any part thereof shall
be unpaid on the date on which the same shall become due, or if
default be made in any of the terms, agreements, conditions or
covenants herein contained on the part of the Concessionaire,
or should Concessionaire become insolvent, or bankrupt, either
voluntarily or involuntarily, then, and in such event at the
option of the City, this agreement shall cease and terminate;
and the City may enter upon the premises. Concessionaire's
interest hereunder shall not be assignable in bankruptcy.
-15-
27. Assiqnments and Sub - lease:
a. Concessionaire shall neither assign, sub-
lease or otherwise convey any interest in any sort
granted by this agreement to any person or persons,
entity or entities whatsoever without prior written
consent and approval of the City. Any document by
which an interest is granted, subject to the approval
of the City shall indicate that the person acquiring
that interest has been advised of the terms of this
agreement and takes his interest subject to the terms
and conditions in this agreement, and recognizes that
upon termination of the interest of Concessionaire
granted by this agreement, his interest shall also be
terminated. However, in the event of termination of
this agreement, the City at its sole option, may elect
to treat any assignee, sub- tenant, or holder of an
interest conveyed by Concessionaire as the City's
tenant, subject to the terms and conditions of this
agreement and that entered into between the assignees,
sub = tenant or holder of an interest conveyed by Con-
cessionaire.
b. If Concessionaire be a partnership, a with-
drawal or change, voluntary, involuntary, by operation
of law, or otherwise, of any of the partners thereof,
or if Concessionaire be composed of more than one person,
a purported assignment or transfer, voluntary or in-
voluntary, by operation of law, or otherwise, from one
thereof unto the other or others thereof, or if Con-
cessionaire be a corporation, a change in the ownership
(voluntary, involuntary, or by operation of law, or
otherwise) of fifty -one percent (51 %) or more of the
capital stock as owned as of the date of execution
hereof, shall be deemed an assignment prohibited hereby,
unless the written consent of the City be obtained
thereto.
-16-
MIU
r�
C. Anything herein to the contrary notwithstanding,
it is further agreed that, in the event of the death of
any partner, should Concessionaire be a partnership, or
in the event of the death of any corporate shareholder
resulting in a change in the ownership of fifty -one
percent (51 %)_ or more of the capital stock of said cor-
poration, if Concessionaire be a corporation, the executor,
estate, heirs or devisees of such deceased person shall.
be entitled to succeed to the interest herein of such
deceased person subject to the following qualifications:
(1) That said designated person, persons, or entity
demonstrate to the satisfaction of the City that
the person, persons or entity is competent and
qualified to operate said concession pursuant
to the provisions of this agreement.
(2) That said person, persons.or entity first agree
to assume all the obligations of the said deceased
person, as set forth in this agreement, and.agree
to be bound by all the provisions hereof and the
activities and transactions of the deceased person
with respect thereto.
(3) That all of the matters referred to in (1) and
(2),above, be complied with within thirty (30)
days after the death of such person, provided
that said time limit may be extended by express
written permission of the City if good cause is
shown therefor.
28. waiver of Claims: Concessionaire hereby waives any
claim against the City, its officers, agents or employees for
damage or loss caused by any suit or proceeding directly or in-
directly attacking the validity of this agreement; or any part
thereof or by any judgment or award in any suit or proceeding
declaring this agreement null, void or voidable, or delaying the
same or any part thereof from being carried out.
-17
29. Actions: In the event of any action or suit upon
this agreement, the City, if it shall prevail, shall be entitled
to receive reasonable attorney's fees and all costs, disbursements
and expenses including administrative expenses.
30. Agent for Service of Process: It is expressly agreed
and understood that if Concessionaire is not a resident of this
state, or is an association or'partnership without a member or
partner resident of this state, or is a foreign corporation, then
in any such event, Concessionaire shall file with the City a
designation of a natural person residing in the State of California,
giving his name, residence and business address as his or its
agent for the purpose of service of process in any court action
between him or it and the City arising out of or based upon this
agreement, and the delivery to such agent of a copy of any process
in any such action shall constitute valid service upon such Con-
cessionaire; and it is further expressly agreed, covenanted and
stipulated that if for any reason service of such process upon
such agent is not possible, then in such.event Concessionaire
may be served personally or by regular- mail, postage prepaid with
such process out of this state, and that such service shall con-
stitute valid service upon such Concessionaire; and it is
further expressly agreed that Concessionaire is amenable to the
process so served, submits to the jurisdiction of the court so
acquired, and waives any and all objections and protests thereto.
31. Right of Entry as Agent: In any case in which
provision is made herein for the termination of this agreement
by the City or in the case of abandonment or vacating of the
premises by Concessionaire, the City in lieu of declaring a
forfeiture may enter upon the premises. To such end, Concession-
aire hereby irrevocably appoints the City its agent to remove any
and all persons or property on said premises and place any such
property in storage for the account of and at the expense of Con-
cessionaire. In such case, the City may re -let the premises upon
such terms as it may deem proper, and if a sufficient sum shall
not be realized thereby, after paying expenses of such re- letting,
-18-
to satisfy the "gross receipts" and other sums herein agreed to
be paid by Concessionaire, Concessionaire agrees to save the City
harmless from any loss or damage or claim arising out of the
action of the City in pursuance of this paragraph.
32. Duration of Public Facilities: By entering into
this agreement, the City makes no stipulation as to the type,
size, location or duration of public facilities -to be maintained
at the golf course.
33. Time of Essence. Time shall be of the essence in
the performance of this agreement.
34. Eminent Domain: If, during the term of this
agreement, any property described herein or hereafter added
hereto is taken in eminent domain, the entire award shall be
paid to the City.
35. Photography: The City may grant permits to persons
or corporations engaged in the production of still and motion
pictures and related activities, for the use of said premises
for such purposes when such permission shall not interfere with
the primary business of Concessionaire.
36. Hazardous Substances: No goods, merchandise or
material shall be kept, stored or sold in or on said premises
which are in any way explosive or hazardous; and no offensive
or dangerous trade, business or occupation shall be carried on
therein or thereon, and nothing shall be done on said premises,
other than is authorized by this agreement, and no machinery or
apparatus shall be used or operated on said premises which will
in any way injure said premises or structures; provided that
nothing contained in this paragraph shall preclude'Concessionaire
from bringing, keeping or using on or about said premises such
materials, supplies, equipment and machinery as are appropriate
or customary in carrying on its said business. Gasoline and
oils shall be stored, handled and dispensed as required by present,
or future regulations and laws.
-19-
i�
37. Nondiscrimination.
Concessionaire and his employees
shall not discriminate because of race, religion, color or national
origin against any person by refusing to furnish such person any
accommodation, facility, service or privilege offered to or enjoyed
by the general public. 'Nor shall Concessionaire or his employees
publicize the accommodations, facilities, services or privileges
in any manner that would directly or interentially reflect upon
or question the acceptability of the patronage of any person
because of race, religion, color or national origin.
In the performance of this agreement, Concessionaire
will not discriminate against any employee or applicant for employ-
ment because of race, color, religion, ancestry or national origin.
38. Tuberculosis: Concessionaire shall file with the
City a certificate showing that-every person employed in the con-
cession activity has been examined within the last two (2) years
and has been found to be free of communicable tuberculosis.
39. Contract Documents: The complete agreement between
the parties hereto shall consist of the identified documents:
This Agreement entitled "San Luis Obispo City Golf Course
Concession Agreement ".
40. Remedies Not Exclusive: The use by either party of
any remedy specified herein-for the enforcement of this agreement
is not exclusive and shall not deprive the party using such remedy
of or limit the application of, any other remedy provided by law.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
ATTEST:
. .eke
C C erk J. H. Fitzpatrick
CONCESSIONAIRE:
Bobby Kober
-20-
I
Approved as to form:
/Y
City Attorney
Approved as to content:
City Adrffinistra ive officer
D' ctor Parks & Recreation L/7 11�1*'
-21-
RESOLUTION NO. 4125 (1980 Series)
A RESOLUTLON OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
BOBBY KOBER FOR EXTENSION OF GOLF PROFESSIONAL AGREE-
MENT TO MARCH 31, 1981 .
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That certain agreement, on file in the Office of
the City Clerk of the City of San Luis Obispo and incorporated
herein by reference, between the City of San Luis Obispo and Bobby
Kober for extension of Golf Professional Agreement to March 31,
1981, is hereby approved and the Mayor is authorized to execute
the same.
SECTION 2. The City Clerk shall furnish a copy of the
resolution to: Bobby Kober, Director of Parks and Recreation,
Personnel Director and Finance Director.
On motion of Councilman Bond , seconded by Councilman
Dunin
, and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Billig and Mayor Cooper
1
NOES: None
ABSENT One Vacancy
the foregoing Resolution was passed and adopted this 18th day
of March , 1980.
ATTEST:
J. . Fitzpatrick, City Clerk
Appro ed as to form:
City Attorney
Approved as o content:
1
ministrative Offic
for of-Parks &Recreation
R 4125
- o
follows:
.P .4 _.
RESOLUTION NO. 4124 (1980 Series)
A RESOLUTION OF INTENTION TO ABANDON PORTIONS OF
WILLIAM STREET, BUSHNELL STREET, HASKIN AVENUE,
FLETCHER AVENUE, FLORENCE AVENUE AND LEONA AVENUE
WITHIN TERRACE HILL PLANNED DEVELOPMENT PROJECT AREA.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. It is the intention of the City of San Luis Obispo to
abandon portions of William Street, Bushnell Street, Haskin Avenue, Fletcher
Avenue, Florence Avenue and Leona Avenue within Terrace Hill planned
development project area, as shown on the map marked Exhibit "A" attached hereto
and incorporated herein by such reference pursuant to Division 9, Part 3,
Chapter 2 of the Streets and Highways Code.
SECTION 2. Copies of the map showing the particulars of the
proposed abandonment are also on file in the office of the City Clerk.
SECTION 3. Tuesday, April 15, 1980, at 7:30 p.m. in the Council.
Chambers of City Hall, 990 Palm Street, San Luis Obispo, California, is the
time and place set for hearing all persons interested in -or objecting to
the proposed abandonment, which time is not less than fifteen (15) days from
the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes; shall
be published once in full, at least three (3) days before the public hearing
on the proposed abandonment, in the Telegram- Tribune, a newspaper published
and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices
of the proposed abandonment along that portion of the street proposed to be
abandoned at least ten (10) days before the date set for hearing in accord-
dance with Section 8322 of the Streets and Highways Code.
R 4124
1
Resolution No. 4124 (1980 Series)
SECTION 6. The abandonment would include all present easements for
public utilities and storm drains except such easements that may be required
by the City Council at time of final abandonment.
On motion of Councilwoman Billig , seconded by Councilman
Bond , and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: One Vacancy
the foregoing Resolution was passed and adopted this 18thday of March ,
1980.
ATTEST:
City 6-rk, J.H. Fitzpatrick
APPROVED AS TO FORM:
City Attorney
Approved as to content:
Ci A nistra ive Officer
City E., 'n r
Community Dev lopme irector
9
sa
y ' TERRACE HILL
ciry-owNED LOT
�RAcKEL
�q . iLVIA C'T
Lj
FLETCHER AVS�
Ina PROPOSED S;rRff7* ABANDONMENT MC17Y-OWA(EDLOT
Arr
RESOLUTION N.U. 4123 (1950 SeA.ies)
I
cry of san 11,11S
KI
�Ao
1-J
�1j
J' f t e
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO
EMIL KREGE FOR HIS LONG AND DEDICATED SERVICE TO THE
CITY OF SAN LUIS OBISPO AND ITS CITIZENS
WHEREAS, Emit KAege had had a .Long eaAeet with the San Lu.id
Ob.idpo City Fite DepaAxment totaZing 28 yeand; and
WHEREAS, zinee hiz 6.LAdt appointment ad a F.iAe6 ghteA on
August 20, 1950, he had advanced .through the o66ieeA Aankz to Fi4e
Eng.ineeA; and
WHEREAS, Emit KAege had edtabei.6hed an exeeUen.t Aeputa.t.ion
within the community ad a competent and knowtedgeabte F.iAe Eng.ineeA;
and
WHEREAS, Emit KAege'd woAk habit.6, application and toyatty
to the City and the F.iAe Sehv.iee had been an .indp.ina,t.ion to the many
emptoyeed who have wmked with him.
NOW, THEREFORE, BE IT RESOLVED that thud City Council w.idhed to
expn.edd it.6 gta.t.itude and apptecia.t:ion to Emit KAege Sot the detv.ice
he had pet6mmed and the eonttibution he had made to the S,LAe 6eAvice
06 o uA city.
On motion o6 Councitman Bond
deeonded by Councilman
Dun.in , and on the 6o.2•Cow.ing Aotk ca.2.2 vote:
AYES: Councitmembe,tb Bond, Dun.in, Sittig, Jon.genden and MayoA CoopeA
NOES: None
ABSENT: None
.th.id Redo.2u.t.ion wad padded and adopted th.id 77th day o6 Maneh 1980.
A Lynn R. Co.41`ppeA
Attedt:
y ;,;rrAh J. H. Fitcpa.tAtick
RESOLUTION NO. 4122 (1980 Senie.5)
111 1111111itiqlIllill
='AT-0
.Y A R. 5J y5C
f fwd
ti
J
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO
RICHARD REPPERT FOR HIS LONG AND DEDICATED SERVICE TO
THE CITY OF SAN LUIS 6BI070 AND ITS CITIZENS
WHEREAS, R.ichaAd Reppett has had 'a tong eaAeeA with the San Luis
Obispo City Fite DepaAtment .to-tat.i:ng 17 years; and
WHEREAS, since his 6.itzt appointment as a F.ine6ighteA on July 1,
1963, he had advanced thtough the o66iceA hanks to Fite Eng.Lneen; and
WHEREAS, R,ichaAd Reppett has •es.tabZished -an exeeUent ne'putat.ion
within the community as a competent and knowtedgeabte Fine Eng.ineeA; and
WHEREAS, R.ichand ReppeAt'6 woAk habits, appZicat.ion and toyaZt y
to the City and the Fite Senviee has been an .inspiAation to the many
emptoyees who have woAked with him.
NOW, THEREFORE, BE IT RESOLVED that this City Counc.it washes to
expne66 its gAat.itude and appAec.iat.ion to R:ichand Reppett bon the senv:ice
he has peAUonmed and the cont4ibcition he has made to the U.LAe 6en.v.ice
ob out city.
On motion ob
Councilman Bond
seconded by Coune.i.Cman
Dunin_ and on the Uottow.ing Aott ea2E vote:
AYES: Coune.itmembens Bond, Dunin, B.ittig, Jorgensen and Mayon CoopeA
NOES: None
ABSENT: None
this Rebotut.i:on was passed and adopted this
11th day oU Match
tees t:
0
1980.
yoA Lynn R. CoopeA ® i,ty KeAh J. H. FizzpatA.ick
RESOLUTION NO. 4121 (1980 Sei eh)
Cluty U`f S- Mr WIS OBIS'ap'NO
4
--Nan,
o '
x.�
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO ELTON HALL
FOR HIS LONG AND DEDICATED SERVICE TO THE CITY OF SAN LUIS OBISPO
AND ITS CITIZENS
WHEREAS, Etton Hat has had a tong careen with the San Luiz Obispo City FiAe
Department to.ta.Ping 22 yeat6; and
WHEREAS, zinee hiz 6iAzt appointment ae a F.iu6ightet on.Augusx 1, 1958, he hays
advanced .through the o65.iceA %anU to Batta?,ion Fi,%e Chie6; and
WHEREAS, Elton Hat has eaxabtished an excetient teputation within the community
a-5 a competent and hnowtedgeabte Batta.ii.on FiAe C1ue6; and
WHEREAS, Etton Hatt ha-6 helped train and hupeAVi�e many young men ztaAti.ng in
the 6iAe her.v.iee and by his own dedication to the U.tte 6eAv.ice ha3 convinced many to
maize the bite aenvice their. careeA; and
WHEREAS, Etton HaU .a woA1z habits, appt ieati.on and toyatty to the City and
the Fite Seuice has been an insp.i tati.on to the many emptoyee's who have wor.hed with
him.
NOW, THEREFORE, BE IT RESOLVED that this City Councie w.isha to expAehh .its
g, 'attitude and appuciation to Etton Hatt 6ot the ze -tvice he hays peA6onmed and the
contAibution he has made to the 6dr.e 5eAv.ice o6 out city.
On motion ob Councitman Bond , 3econded by Couneil!man Duni,n
and on the 6oetow.ing %ott eaLE vote:
AYES: Counci&embe" Bond, Dunin, Bitti.g, JoAgensen and hfayoA Cooper.
NOES: None
ABSENT: None
this, Rezotuti.on wa6 passed and adopted this 11th day ob MaAch , 1980.
Atte,s t :
I y�
• � ��7 1�'�np: �i ,i .We' .��t�rClr r.''� � � �
RESOLUTION NO. 4120 (1980 Senses)
IIIIII-Iliqr 11111 Fill 11111 11111111!
t
r
ut
b
,. V $'.. N
EXPRESSING THE CITV'S GRATITUDE AND APPRECIATION TO JOHN SILVA
FOR HIS LONG AND DEDICATED SERVICE TO THE CITY OF SAN LUIS OBISPO
AND ITS CITIZENS
WHEREAS, John Silva has had a tong eaneet with the San Luis Obispo City Fike
Department totati.ng 20 years; and
WHEREAS, since hiz 6ix6t appointment as a F:Ae6sghten on Apn.ie 1, 1960, he has
advanced through the o66scen ranks to Fite Captain; and
WHEREAS, John S.itva h" estabti6hed an exce,2tent rieputation within the eoranwL ty
as a competent and know2edgeabte Fii e Captain; and
WHEREAS, John Sd,2.va huts hetped tta in and supeuize many young men starting in
the 6.Ae seAvice and by his own dedication to the 6i- sehvsee has convinced many to
make the bi&e seaysee them. ean.een; and
WHEREAS, John SiZva's wank habit-6, apptseatson and toyatty to the City and
the Fite Senv.iee h.as been an snspitatson to the many emptoyees who have worked with
him.
NOW, THEREFORE, BE IT RESOLVED that this City Councit wizhea to exwLess its
gratitude and appreciation to John Sitva bon the suLv.ice he has pen6o)uned and the
contribution he has made to the bite service o6 our city.
On motion o6 CounciPman Bond seconded by Councitman Duw%n
and on the 6ottowsng nott Batt vote:
AYES: Counei?membets Bond, Dun,in, B.it ig, Jorgensen and Mayan Cooper
NOES: None
ABSENT: None
this Resotutson was passed and adopted this 11th
day o6 March , 1980.
Attest:
RESOLUTION NO. 4119 (1980 Seaies)
City sAn DUN ONSPO
� u Fir on
° 4
1
Y F.
0
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO
JACK WAINSCOTT FOP HIS LONG AND DEDICATED SERVICE TO
THE CITY OF SAN LUIS OBISPO AND ITS CITIZENS
WHEREAS, Jack Wa.inscott has had a long ca.teen with the San Luis
Obispo City Fine DepaA.tment ,totaling 26 years; and
WHEREAS, since his 6iASt appointment as a F.iAe6ighter on January 16,
1954, he has advanced thAOUgh the o66 icen flanks to Battalion Eire Ch.ie6;
and
WHEREAS, Jack Wa.inseot.t has helped train and supervise many young
men s.tanx.ing the U.iAe setv.ice and by his own dedication to the U.LAe
sen.v.ice has convinced many to make the ji)Le se)Lv.iee thel.n eareea; and
WHEREAS, Jack Wa.inscott's wank habits, application and loyalty to
the City and the Fine Service has been an .inspin.at:ion to the many
employees who have worked with him.
NOW, THEREFORE, BE IT RESOLVED that this City Council wishes to
express ,Cts gratitude and appreciation to Jack Wa.inseott 60A the senv.ice
he has peAbormed and the eontn.ibu.t.ion he has made to the 5.ine seAV.ice
06 our city.
On motion o5 Councilman Bond , seconded by Councilman
Dun.in and on the 6ollow.ing )Loll Batt vote:
AYES: Coune.ilmembens Bond, Dun.in, B.ill.ig, JoAgensen and Mayor Cooper
NOES: None
ABSENT: None
this Resolution was passed and adopted this 11th day o �
Ayes .t:
Mauch ,1981
I
yo,i Lynn R. Cooper (Qrd r y CZAKk Jliff. F.i.tzpattic
a
RESOLUTION NO. 4118 (1980 Sea.ies)
- x
a
TOO
' iv.._. ]on
y
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO HARRY BLUMHORST
FOR HIS LONG AND DEDICATED SERVICE TO THE CITY OF SAN LUIS OBISPO
AND ITS CITIZENS
WHEREAS, Hasty B.bumhon,st has had a .tong eaaeen. with the San Luis Obispo City
UAe Depattrent to.ta.2.i.ng 24 years; and
WHEREAS, since W 6i st appointment as a F. e6ightet on Juty 16, 1956, lie has
advanced through the o66.icea hanks to FiAe Captain; and
WHEREAS,- Ha,,,ty Mumhoast ha6 e6xa.b2i6hed an exeeP,2ent teputat.ion within the
community os a competent and knowtedgeabZe FiAe Captain; and
WHEREAS, Harty Bfwnho cat has heZped tkain and supeavize many young men s.taAting
in the 6i,%e seavice and by hi6 own dedication to the 6iAe seav,ice has convinced many
to make the bite seay.ice thei,a eaneea; and
WHEREAS, Hasty BCumhonzt's work habits, appzieati.on and toya?.ty to the City and
the F.vLe Senv.ice haz been an .inspiAa ,ion to the many emptoyee6 who have worked
with him.
NOW, THEREFORE, BE IT RESOLVED that this City Councit w,�she6 to expaess its
gaati.tude and appaec,iation to Ha.vAy Btumhout boa the seiv.ice he has peJ 6mred and
the conthibution he has made to the 6.Ae seay.ice o6 our city.
On motion o6 Counc.i,2man Bond
and on the pottow.ing %ott catt vote:
seconded by Councitma1 Dun in ,
AYES: Councitmejnbms Bond, Dunin, B.i,2,2.i.g, Joagen,6en and Mayoa Cooper
NOES: None
ABSENT: None
this Reso.2uti,on was passed and adopted thi6 11th day ob hlaach , 1980.
t:
Lynn R. Coopea
eak J. H. Fitzpatkick
RESOLUTION NO. 4117 (1980 Se- ties)
�7R I ✓ '�' t t � ' �� {p s e e
ZILOLIO -
EXPRESSING THE CITY`S GRATITUDE AND APPRECIATION TO GERALD BABCOCK
FOR HIS LONG AND DEDICATED SERVICE TO THE CITY OF SAN LUIS OBISPO
AND ITS CITIZENS
WHEREAS, Gena2d Babcock has had a long eanevL with the San Luis Obispo City
Fite Depahtment totating 32 yeau; and
WHEREAS, since his b.vwt appointment " a Fite6ightetL on OctobeA 24, 1948, he
has advanced through the o66iceA Aanh to Fite Captain; and
WHEREAS, Gerald Babcock has estabtizhed an exeett-ent Aeputation within the
community as a competent and knowledgeable Fite Captain; and
WHEREAS, Geta2d Babcock has helped tAa;i,n and supenvi.6e many young men staAting
in the 5.iuwt seuiee and by his own dedication to the bite zvLviee has convinced
many to make the 6.in.e se)Lvice their caAee/t; and
WHEREAS, GeAa2d Babeock's work habits, appticat%on and loyalty to the City and
the Fite SeAvice has been an .inspiAati:on to the many employees who have worked
with Guam.
NOW, THEREFORE, BE IT RESOLVED that this City Councit wishes to expners its
gn.ati tude and appneei.ation to GeAatd Babcock 6m the senv.ice he has pet6wuned and
the contiibuti:on he has made to the 6iAe setv,ice o6 ouA city.
On motion o6 Councilman Bond
and on the 6o.Uow.i.ng uU call vote:
.seconded by COLLncitman Dunin
AYES: CouncilmembeAS Bond, Duni:n, B,illig, Jorgensen and A1ayoA Cooper
NOES: None
ABSENT: None
this Resolution was pa6sed and adopted this 11th day og A{atc
Lynn R. CoopeA
1980
H. F.i t--patiick
• Vie. k.��
RESOLUTION NO. 41.16 (1980 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING AN APPEAL REQUESTING A VARIANCE
FROM A REQUIREMENT OF CITY'S FLOOD DAMAGE PREVENTION
REGULATIONS.
WHEREAS, Charles A. Cook ( "Owner") desires to remodel and to add a
garage and two second story rental units to an existing residence at 331 Pismo
Street; and
WHEREAS, City's Flood Damage Prevention Regulations require that upon new
construction or substantial improvement residential structures shall have the lowest
floor elevated to at least one foot above the base flood election (Section 9815(a));
and
WHEREAS, the owners plans for the described improvements show that the
finished floor elevation will be only .23 of a foot above the base flood elevation;
and
WHEREAS, because the floor elevation will be below standard, the City
Engineer has refused to authorize a building permit for the improvements; and
WHEREAS, pursuant to provisions of the Flood Damage Prevention Regulations,
owner has appealed the City Engineer's.refusal, in effect requesting a variance
from the aforementioned one foot requirement to .23 of a foot level above the
base flood elevation; and
WHEREAS, on March 4, 1980, this council held a public hearing on the appeal
requesting a variance and considered those items it is bound to consider under
Section 9813 of the Municipal Code and other appropriate provisions of the Flood
Damage Prevention Regulations;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. This Council finds that:
(a) Owner has shown good and sufficient cause for the granting of a
variance as requested; and
R 4116
nr
Resolution No. 4116
(1980 Series)
(b) Failure to grant the variance as requested would result in
exceptional hardship to owner; and
(c) Granting of the variance as requested will not result in increased
flood heights, additional threats to public safety, or extraordinary public expense,
and will not create nuisances,. cause fraud on or victimization of the public,
cause any environmental impact that cannot.be mitigated, or conflict with
existing local laws or ordinance.
SECTION 2. The appeal requesting the variance hereinabove described
is granted.
On motion of Councilman Jorgensen, seconded by Councilman Bond, and on
the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, bunin and Mayor Cooper
NOES: NONE
ABSENT: NONE
the foregoing Resolution was passed and adopted 4th day of March, 1980..
ATTEST: OR LYNN R: COOPER
CITY J.H. FITZPA_TRICK
RESOLUTION NO. 4115 (1980 series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT NO.
886 LOCATED AT 626 NORTH BROAD STREET. SUBDIVIDER:
M. P. LIMITED
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 886 and the Planning Commission's recommendations, staff recommenda-
tions and reports thereon, makes the following findings:
1. The tentative map is consistent with the general plan and specific plans.
2. The design and improvements of the proposed subdivision are consistent with
the general plan and specific plans.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially avoidably injure
fish or wildlife or their habitat.
6. The design of the subdivision or the type of improvements are not likely to
cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision.
SECTION 2. That the approval of the tentative map for Tract 886 be subject
to the following conditions:
1. A note shall be placed on the final map noting areas "subject to inundation
during a 100- year.storm."
2. On -site sewer lines shall be entirely privately owned and maintained.
3. Subdivider shall install individually metered water service to each unit.
Meters shall be clustered at the sidewalk at the property frontage.
4. Subdivider shall install a 20 -foot wide driveway approach at the entrance to
the project.
5. In addition to frontage improvements required by ordinance, the subdivider
shall install the following:
a. Curb and gutterron the southwest side of Broad Street, between Peach
Street and Highway 101.
b. All necessary improvements to install a left -turn pocket between Highway
101 and the project driveway.
R 4115
4115 �' •
Resolution No. (1980 series)
Tract 886 - 626 Broad St.
Page 2
All street improvements shall be installed to the approval of the City
Engineer and Cal Trans.
6. Subdivider shall install a fire alarm system throughout the project, to the
approval of the Fire Marshal.
7. Subdivider shall provide a blanket public utility easement over the common
lot area, exclusive of the areas underneath the structures. Subdivider
shall also provide a six -foot public utility easement along the property's
Broad Street frontage.
8. Subdivider shall number all units as shown on the attached addressing plan
marked Exhibit A.
9. Subdivider shall submit declaration of covenants, conditions and restrictions
(CC &Rs) and documents related to the creation of a homeowners association
prior to final map approval, for review and approval by the Community
Development Director and City Attorney. The CC &Rs shall contain the following
provisions:
a. A homeowners association to enforce the CC &Rs and provide for professional,
perpetual maintenance of all common areas including landscaping, building
exteriors, private driveways, private utilities, lighting, walls, fences,
etc., in first class condition; homeowner's association shall maintain
area within the Broad Street right -of -way between street paving and front
property line;
b. A right of the City of San Luis Obispo to compel performance if the
homeowners association fails to perform and assess the homeowners
association for expenses incurred;
c. No parking in private driveways except in approved designated spaces;
-d: A'grant to the City of San Luis Obispo the right to tow away vehicles on
a complaint basis, which are parked in unauthorized places;
e. No outside storage of boats, campers, motorhomes, trailers or inoperable
vehicles;
f. No unscreened outside storage by individual units.
10. Subdivider shall relocate existing telephone pole and underground existing
telephone lines along property frontage northwest of proposed driveway.
11. Subdivider. shall install landscaping within the Broad Street right -of -way
along the property frontage to the approval of the Community Development
Director.
12. Subdivider shall install 2.5 on -site parking spaces per unit. All spaces shall
comply with city standards except as authorized per Variance V0831.
13. A temporary waiver of sidewalk installation is hereby granted, subject to
the subdivider signing a covenant agreement stating that sidewalk improvements
shall be installed within 30 days after notice by the City Engineer.
l"l
Resolution No. 4115 (1980 series)
Tract 886 - 626 North Broad St.
Page 3
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 adopted this 4th day of March
1980.
ATTEST:
Cit ei c J.H' Fitzpatrick
APPROVED:
City AdmiifisetrkiMve 61ficer
City Attorney
Community De elopmen irector
J
if \
7�
EXHISiT "Art
il-
T.
I�/ J
RESOLUTION NO. 4114 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING THE PUBLIC STORM DRAIN SYSTEM WITHIN
THE LAGUNA LAKE MOBILE ESTATES EXPANSION
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Public Storm Drain System within Laguna Lake Mobile Estates
hereby accepted for maintenance and operation by the City of San Luis Obispo.
On motion of Councilman Jorgensen , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 4th day of
March 1980.
ATTEST:
CITY Z J.Fr FITZPATRICK
APPROVED:
t i
City Ad i tra iv Officer Public Services Director
ity Attorney
R 4114
RESOLUTION NO. 4113 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO TO ENDORSE AND SUPPORT CALIFORNIA
CRIME WATCH AND THE ATTORNEY GENERAL'S PLAN TO
RESTORE PUBLIC SAFETY IN THE 80's.
WHEREAS, one United States household in five has been hit-?by crime at
least once in the last 12 months, with either property stolen or a member of the
household the victim of a physical assault, according to the findings of a
Gallup poll released in December, 1979; and
WHEREAS, the Gallup survey findings parallel the upturn in crimes reported
by the Federal Bureau of Investigation which reported increases in every kind of
major crime for the first six months of 1979; and
WHEREAS, the Bureau of Criminal Statistics of the California Department
of Justice has documented similar results; and
WHEREAS, there has been insufficient public attention to the rights and
plight of crime victims in our society and to effective crime prevent -ion programs
to reduce the numbers of crime victims; and
WHEREAS, it is essential to inform the public of and broaden the
availability and merit of effective methods of crime prevention to help minimize
further disruption in the lives of crime victims;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that in recognition of the foregoing and the mandate contained in article V,
Section 13 of the California Constitution, which proclaims the Attorney General
to be California's chief law officer., the City of San Luis Obispo hereby takes
this opportunity to endorse and support California Crime Watch and the Attorney
General's Plan to Restore Public Safety in the 80's. (see attached Exhibit "A ")
On motion of Mayor Cooper , seconded by Councilman Bond
and on the following roll call vote:
AYES: Mayor Cooper, Councilmembers Bond, Billig, Dunin and Jorgensen
NOES: None
ABSENT: None R 4113
a
Resolution No. 4113 (1980 Series)
Page 2
the foregoing Resolution was passed and adopted this 4th day-of March ,
1980.
ATTEST:
CITY Z J.H. FITZPATRICK-
Approved:
City Admali fti%6 Mficer
City Attorney
Police IQ ief'
THE
ATTORNEY.GENERAL'S
CRIME ME PREVENTION CENTER
CALIFORNIA CRIME WATCH:
A Plan to Restore Public Safety in the ,80's
Crime continues to run rampant throughout the
nation and California. It is known, for example, that
one United States household in five has been hit.by
crime at least once in the past 12 months, with either
property stolen or a member of the household becoming the
victim of a physical assault, according to the findings
of a Gallup poll released in December 1979.
it is.also known that the Gallup survey findings
parallel an upturn in.crimes analyzed by the Federal
Bureau of Investigation which.reported increases in'every.
kind of major crime for the first nine months of 1979.
Tlae.Bureau of Criminal Statistics of.the California Depart-
ment.of Justice has documented similar results for Cali-
fornia.
These tragic facts are compounded by the insuf-
public attention'paid to the rights and plight of crime
victims in our society.and to.'effective crime prevention
programs to reduce the number o.f..crime victims..
To change this sad state of affairs, it is
essential to inform the public.of and broaden.the avail-.
ability and merit of :effective me * thods..of crime.prevention
to help minimize further disruption in the lives of crime
victims. To do that, the Attorney General's Crime Pre-
vention Center has conceived and will.be implementing,
CALIFORNIA CRIME WATCH: A Plan to Restore Public Safety
in` the 80's.
GOAL:
The Attorney General's goal is to conduct an
effective, statewide crime prevention and public education
program to be called CALIFORNIA CRIME WATCH: A.Plan to
Restore Public Safety in the 80 Is. The Plan has been
conceived And is.to be implemented to focus attention,
on-local crime prevention programs which already exist,
develop new and innovative prevention programs, provide
every possible means of 'support for local efforts through
statewide coordination and leadership and to inspire
citizens to help one another avoid becoming crime victims.
PURPOSE:
The purpose of CALIFORNIA CRIME WATCH: A Plan
.to Restore Public Safety in the 8.01s, is to unify existing
crime prevention and public education programs and to pro -
vide motivation, direction and leadership for the first
third of.an initial three -year project to systematically
reduce crime by creating an informed public which will
support creation, retention and expansion of effective
local crime .prevention programs.
Every effort will be made, in cooperation with
local government and. law enforcement and citizen groups,
to vigorously. develop and pursue a sustained attack on
crime through broad -based and innovative crime.preven
tion initiatives.
A multifaceted campaign to inspire and educate
the public as to how to help enhance protection of them -.
selves, their.homes, their businesses and their communities
will be a cornerstone of. CALIFORNIA CRIME WATCH: A Plan
to Restore Public Safety in the 80'.s.
METHOD:.
To meet the Attorney General's goal of CALIFORNIA
CRIME WATCH: A Plan to Restore Public Safety in.the.80's,
the following.steps are being actively pursued:
1. The.four components of the existing
Crime.Prevention Unit are being unified and
centralized in one office as the Attorney
General's Crime Prevention Center in Sacramento.
2, The leadership of key law enforcement
groups, particularly district attorneys, police
chiefs, sheriffs, peace.officers and crime pre -
vention officers are being consulte.d.to obtain
their views,.assistance and support for CALI=
FORNIA CRIME WATCH: A Plan to Restore Public.
Safety in the:80's.
3. A legislative resolution is being
obtained to proclaim CALIFORNIA CRIME WATCH:
A Plan to Restore Public Safety in the 19801s..
Similar support is being-sought from local
-1) -
governmental units, civic, fraternal and .
professional associations, as well as service
clubs, women's clubs and other public service
oriented groups.
4... The Center is cooperating with the
Legislature and the California District Attor-
neys Association to expand and implement a
substantive framework for California's Forgotten
Victims Week scheduled for the last week in.
April annually..
5., Several specific crime prevention
initiatives necessary to'provide meaning and
substance to CALIFORNIA CRIME WATCH: A Plan
to Restore Public Safety in the 80's, is being
conceived and organized.
(a) A sustained and carefully tar-
geted effort to help protect all citizens in the
state's ethnic communities and inform them,
on relevant crime prevention programs.
(b) An announcement on March 6,
1980, in conjunction with a crime prevention
program being conducted by the Attorney
General's Crime Prevention Center and the
Los Angeles County Superintendent of Public
Instruction, of a multifaceted program to
prevent youth crime, violence and vandalism.
A youth crime.prevention package for
California's p rimary.and secondary schools.
is being developed by way of a Law Enforce -
ment Assistance Administration (LEAA) grant,.
'.'Juveniles, Justice and Crime Prevention: A
New Perspective," which is expected to be
approved in January, 1980..
(c) A crime prevention package •for
California's colleges, community colleges,
universities and law schools.
(d) A "big sales" crime preven=
tion program for: (1) buyers and sellers
of commercial and residential property;
(2) buyer.s'of autos; trucks, motorcycles,
motor scooters., motorboats, snowmobiles,
motorized tools, heavy machines,, tractors,
bicycles, etc.; and (3) for buyers in
economic "big sales" situations such as
insurance,.stocks, bonds, mutual funds, etc.
-3
(e) An analysis of possible
rebates for .private crime.prevention expendi- '.
tures such as: (1) insurance premium rebates.
on homeowner's, renter's, auto, etc., insur-
ance for compliance with crime. prevention
programs; and (2) income tax rebates.for
installation of burglar alarms, deadbolt
locks, fire alarms, etc.
(f) An analysis, of possible crime
prevention programs'for renters.may include:
(1) crime prevention packets., as in.commer-
cial and..residential sales, to educate
apartment purchasers of crime prevention
programs; (2) similar insurance and tax
rebate programs for apartment owners; and
(3) crime prevention packets for new.and
continuing tenants.
(g). A secret witness program.
(h). A program for; older crime
victims to: (1) provide information to the
elderly about Senate Bill 370.(1977);
(2) provide bunco and pigeon =drop education
programs; and (3) identify sites 'of poten-
tial elderly crime victimization and publish
warnings.
(i) Develop crime prevention
models to address consumer -cost crimes such,
as.arson, auto theft, construction site..
vandalism and theft, commercial burglary,.
fraud (check, credit card, insurance, welfare.
and Medi - Cal)`, farm vandalism and theft,
school violence, vandalism and theft, and
promote environmental alteration and design
to reduce crime.
6. The techniques and methods to be used
to implement CALIFORNIA CRIME WATCH will
include: (a) statewide education and training
programs; (b) television, radio and movie
crime prevention programs (CALIFORNIA CRIME
WATCH spots and.substantive programs and
spots); (c) slide shows; (d) billboards, buses
and benches; (e) specific crime prevention
mailers (public utilities' billings, credit
card billings, retailer billings and bank state-
ments and billings, etc.; (f) professional,
labor, business, fraternal and.ci.vic. association
-4-
liason; (g) pamphlets, stickers,. folders,,
.posters, bumper stickers, ".islands," etc.;
(h) The Crime Victims Book to be distributed
by peace.of icers to every violent crime
victim and residential burglary victim fol-
lowing publication; (i) other mass crime
prevention education programs; and (j) "kick-
off." packets and pamphlets.
RESOLUTION N0. 4112 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF THE FINAL MAP OF TRACT 781, LOCATED
AT SOUTH STREET NEAR KATY STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings concerning
Tract 687, of which Tract 781 is the third unit. These findings are contained
in Resolution No. 3519 (1978 Series).
SECTION 2. Whereas Improvement Bonds totaling $625,800.00 are on file with
the City to guarantee installation of subdivision improvements.
SECTION 3. This Council hereby grants approval of the final map of Tract
781 and authorizes the Mayor to execute the agreement.
On motion of Mayor Cooper , seconded by Councilman Bond I
and on the following roll call vote:
AYES: Mayor-'.Cooper-, Councilmembers Bond, Billig, Dunin and Jorgensen
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4th day of *larch
1980.
OR ZLYNN R. COOPER
ATTEST:
CI L RK J:H. FITZPATRICK
* * * * * * * * * * * * *
R 4112
Resolution No. 4112 (1980 Series)
APPROVED:
City Admin' trative Officer
City Attorney
X(rii�ty Engineer
l r ^�
AGREEMENT
THIS AGREEMENT, dated this —4th day of _larch , 1980 by and
between R. [Jayne Gann and Kathleen K. Gann herein referred
to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the
"City ".
W I T N E S S E T H:
REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain
real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, description of which is shown on final Map of Tract No. 781,
Exposition Park Unit 3
City of San Luis Obispo, California
-as approved by the City Council, on the 4th day of March ,19 80 .
WHEREAS, the Subdivider desires that said
be accepted and approved as a final map pursuant to the Subdivision Regulations and
Ordinances of the City of San Luis Obispo, and
WHEREAS, it is a condition of said regulations and ordinances that the Sub-
divider agrees to install the street improvements and utility lines and facilities
as set forth on the plans therefore.
Noll THEREFORE, in consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision improvements in accordance
with said subdivision ordinances and regulations, and in accordance with approved
plans and.specifications on file in the office of the City Engineer, City of San Luis
Obispo, to wit:
1. CURBS, GUTTERS and SIDEWALKS
2. STREET BASE and SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property
line and water services to the curb .stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion and approval of such facilities by the City, each public utility
------shall be required to file a letter stating that the developer has prop-
erly installed all facilities to be provided by him, and that the said
utility is prepared to provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations.
o
All the above facilities shall be installed in the locations designated and to the
plans and specifications on file and approved by said City Engineer..
The lines and grades for all of said improvements shall be establshed by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30 ) days from the date of recording of the final map,
and that the work shall be completed within
eighteen (18) months of said
recording date, unless an extension has heen granted by the City Council, provided
that if completion of said work is delayed by acts of God or strikes, the Suhdivider
shall have an additional period of time equivalent to such period of delay in which
to complete such work. Any extension of time hereunder -shall not operate to release
the surety on the Improvement Security filed pursuant to this agreement. In this
connection, the surety waives the provisions of Section 2819 of the Civil Code of
the State of California.
TFbte Subdivider does also agree to comply with the following conditions establi-
shedw�by the Planning Commission and /or the City Council.
Subdivider shall pay water acreage fees in the amount of $17,085.64 for
lots 1 -36, and 38 -43 (14.329 acres @ $1160 /acre).
d 2.. Subdivider shall deposit with the City the sum of $15,000.00 to pay City
cost to maintain landscaping for one year in lots 37 & 42.
If the City does not fund installation of Turf and Irrigation systems,
within said lots, as part of the Fiscal Year 1980 -1981 captial budget,
this sum will be refunded to the'developer.
Subdivider shall pay grading permit fees of $285.50: This shall be considered
y� a normal subdivision inspection fee.
4. Subdivider shall remove radio tower and support buildings prior to acceptance
of the subdivision improvements by the City.
5. This subdivision is granted full credit for parkland dedication.
6. If the public improvements required for this subdivision are not completed
within the time allotted by this agreement, no occupancy.shall be granted for
completed structures nor shall new building permits be issued for structures
within this subdivision.
&V 0��. Subdivider shall deposit with the City the sum of $700.00 to guarantee
monumentation of this subdivision.
8. Subdivider agrees to oversize the waterline in Woodbridge Street within
Tract 781 and the City will pay the difference in cost between an 8 inch
and 12 inch waterline at the rate of $6.00 per lineal foot as established
by Resolution No. 4112 (1980 Series).
As to public lands or section property included within said Subdivision, if any,
for the restoration of lost section corners and for retracement of Section lines, the
method followed shall be in accord with the instructions set forth in the "Manual of
Instructions" for Survey of Public Lands of the United States, published by the
Commissioner of General Land Office, Department of Interior, Washington, D.C.-
-2-
The Subdivider ,erec attaches hereto, and :1s an intu:'.ral part �ereoi, and as
security for the performance of this agreement, annroved
by and in favor of the City of San Luis Obispo, and conditional upon the faithful
performance of this agreement, which said is in the amount
/Iod of S 625,800 and which is in the amount of the estimated cost of said
Y1
" I "0
improvements. Subdivider agrees to remedy any defects in the improvements arising
from faulty workmanship or materials or defective construction of said improvements
occurring within twelve (12). months after acceptance thereof. In accordance with
Section 11612.1 (c) of the Business and Professions Code of the State of California,
upon final completion and acceptance of the work, City will release all but 10% of the
improvement security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in the improve-
ments arising within a period of one year following the completion and acceptance
thereof against any defective work or labor done, or defective materials furnished,
in the performance of this agreement.
Completion of the work shall be deemed to have occurred on the date as of which
the City Council shall, by resolution duly passed and adopted, accept said improve-
ments according to said plans and specifications., and.any approved modifications
thereto. Neither periodic or progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any breach of this
agreement.
If the Subdivider fails to complete the work within the prescribed time, then
in that event, the Subdivider agrees that City may, at its option, declare the bond,
instrument of credit, or cash deposit, which has been posted by Subdivider, to
guarantee faithful performance, forefeited and utilize the proceeds to complete said
improvements, or City may complete said improvements and recover the full cost and
expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and material bond in
the amount of 50% of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with the City the sum of $ 18,774.00
from which deposit the City will pay the salary and expenses of an inspector or
__..,.___inspectors to inspect installation of said subdivision improvements and certify
that they have been completed.in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. In the event the
Q f total of inspection fees & gradin
( §1 inspection fees exceed the sum of $ 19,059.50 being theAthe difference is to be paid
r� U' by the The City reserves the sole discretion in determining
Subdivider.
-3-
the amounts to be paid for salary and '�zpenscs of said inspector or inspectors.
Article 9, Chanter I of the San Luis Obispo .'Municipal Code, entitled
"Subdivision" - All plans and specifications on file with said City Engineer as a
part of said Subdivision Map, and all other documents filed with the City by the
Subdivider and approved by the City Engineer are hereby referred to for further
particulars in interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Parties hereto that this
agreement shall bind the heirs, executors, administrators, successors and assigns
of the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's
contract unit prices and total bid prices for all of the improvements herein
referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
day of March , 19 80
Approved as to form
C.
' City Attorney Subdi ider Wayne Gann Kathleen Gann
_4th day of March , 1980
ty Engineer Wayne Peterson
SUM R. 00PER
Mayor Lynn R. Cooper
Attest: S/. R FITZPATRICK
City Clerk J.H. Fitzpatrick
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TRACT 781
SUMMARY OF FEES
Pd. By:
- Water Fees $17,085.64 Check #1216
Landscape Maintenance $15,000.00 Check #1217
Grading Permit Fee. $ 285.50 (See'Inspection Fee)
Monumentation $ 700.00 Check #1206
Inspection Fee $18,774.00 Check #1215 - Total is $19,059.50
which is total of grading permit
and inspection fees
All checks received 2/21/80
0
1
RESOLUTION NO. 4111 (1980 Se-ies)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND MCCARTHY TANK & STEEL TO COMPLETE THE
INSTALLATION OF A WATER MAIN AND FIRE HYDRANT
LOCATED AT 313 SOUTH STREET, SAN LUIS OBISPO.
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
McCarthy Tank & Steel
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: McCarthy Tank and
Steel, Director of Public Services, Utilities Engineer /Superintendent.
On motion of Councilman Jorgensen , seconded by Councilman Bond ,
and on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4th day of March ,
1980.
ATTEST:
a _ ___
CI � —J.H. FITZPATRICK
R 4111
�
RESOLUTION N0. 4111 (1980 Series)
APPROVED:
City Administrativ icer
City Attorney
Director of Public Services
Utilities Engineer /Superintendent
AGREEMENT FOR OVERSIZING CONTRIBUTION
(McCARTHY TANK AND STEEL)
This Agreement dated this 4th day of March , 1980, by and between McCarthy
Tank and Steel herein referred to as "Developer" and the CITY OF SAN LUIS
OBISPO, herein referred to as "City ",
NITNESSETH:
WHEREAS Developer desires to complete the installation of a needed
water main and fire hydrant to service and protect his property located at
313 South Street, San Luis Obispo, and
WHEREAS the City desires that the construction consist of a 12" water
line in lieu of the 8" water line which would normally be required for service
to such property, and
WHEREAS City policy dictates that where such.oversizing is required at
the request of the City that the City will pay for such oversizing costs, and
WHEREAS the City has, by Resolution No. 4110 (1980 Series), estab-
lished a formula for computing such City contribution for oversizing costs,
NOW THEREFORE, in consideration of the mutual benefits, promises and
agreements set forth herein, the parties hereto agree as follows:
1. Developer agrees to construct, install and complete the following
described facilities in accordance with approved plans and specifications on
file in the office of the City Engineer, City of San Luis Obispo, to wit:
(A) Installation of approximately.270 feet of 12" diameter water
line in South Street west of Katy Street extending across the
entire frontage of the property of Developer at 313 South Street,
and
Agreement •
(McCarthy Tank F, Steel)
C'
(B) Installation of one city standard fire hydrant connected
to said 12" line and positioned at a location approved by the
- Fire Marshal.
2. City agrees to assist in funding above described pipe line
construction project in accordance with Section 901(0) of the City Charter
and with Resolution No. 4110 which Resolution establishes a formula
determining that the City contribution for oversizing an 8" water line to
a 12" water line shall be $6.00 per lineal foot. City agrees that payment
at this rate shall be made to Developer within sixty (60) days of completion
and acceptance by the City of said water line construction.
3. City agrees that Developer will not be assessed front- footage fees
for the privilege of using said water line.
THIS Agreement shall remain in effect for a period of one year or until
such time as the City Council establishes a new formula for oversizing contri-
butions, whichever date occurs first.
It is understood and agreed by and between the parties hereto that this
Agreement shall bind the heirs, executors, administrators and assigns of the
respective parties hereto.
IN WITNESS WHEREOF, this Agreement has been executed by:
Date:
Developer
Date: 3/4/80 s /LYNN R. COOi�ER
Mayor Lynn R. Cooper
ATTEST:
SUR Ft1ZFATRICK
City Clerk J. H. Fitzpatrick
Agreement
(McCarthy Tank & Steel)
APPROVED:
City Attorney
Utilities Engineer
i4aX:n�L&
RESOLUTION NO. 4110 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ESTABLISHING A FIXED FOINIULA
FOR CITY CONTRIBUTIONS ON OVERSIZED WATER AND
SEWER LINES
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Article IX, Section 901(D) of the City Charter requires
the Council to establish a fixed formula for City contributions on oversized
water and sewer lines.
SECTION 2. The Utilities Engineer has calculated the following
typical costs per lineal foot for various sizes of water and sewer lines:
Water Sewer
12" line $37.00 $30.00
10" line 35.00 28.00
.,8" line 31.00 25.00
-.611 line 28.00 22.00
SECTION 3. If the City requires a developer or subdivider to install
oversized water and sewer lines, the City shall contribute an amount based on
the following formula:
City Contribution = A (B -C)
Where: A = lineal feet of line installed
B = calculated lineal foot cost of oversized line
C = calculated lineal foot cost of standard line
On motion of Councilman Jorgensen , seconded by Mayor Cooper
and on the following roll call vote:
RESCINDED BY R 5906
R 4110
•
Resolution No. 4110
page 2
0
(1980 Series)
AYES: Councilman Jorgensen, Mayor Cooper, Councilmembers Billig, Bond and
Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 4th day of March ,
1980.
ATTEST:
5,11'Clerk J.H. Fitzpatrick
APPROVED:
* * * * * * * * * * * *
U141itLiiees -Engineer/Superintendent
Director Director of Public Services
City Attorney
y st_ative Officer
f \
19 '
LJ
RESOLUTION NO. 4109 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO C012 ENDING THE EMPLOYEES OF THE CITY PUBLIC
SERVICES DEPARTMENT, FIRE DEPARTMENT, POLICE DEPARTMENT
AND ENGINEERING DEPARTMENT FOR THEIR OUTSTANDING SUPPORT
TO THE CITY DURING THE STORM OF FEBRUARY 16 AND 17, 1980
WHEREAS, the City of San Luis Obispo experienced severe "rains: and..
wind over the weekend of February 16 and 17, 1980 which came close to a
crisis situation; and
WHEREAS, those days were a weekend prior to a holiday and many employees
had left the city for the holidays; and
WHEREAS, because of the severe rains and high winds many areas of the
city were damaged by flooding, debris, etc., and
WHEREAS, the City needed to call back extra personnel to cope with the
flood problems and a large number of personnel responded to the call for help,
NOW, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Council commends the employees of the Public Services„ Fire,
Police and Engineering Departments who responded to the call for help during the
storm; and
SECTION 2. The City Council wished to express its appreciation for a job
well done, for if the city employees had not come forward during this crisis
period, possibly great damage would have been experienced by both public and
private property; and
SECTION 3. The City Council recognizes the long hours put in during the
storm and the conditions of cold and wet that existed at the time and wish to
express their appreciation on behalf of the citizens of San Luis Obispo to
the employees who worked during the storms.
R 4109
Resolution No. 4109
(1980 Series)
On motion of Councilman Jorgensen , seconded by Councilman Bond ,
and on the following roll call vote:
AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 19th day of February ,
1980.
ATTEST:
C' Jerk-J.H. Fitzpatrick
APPROVED:
City Adm istrative Officer
0-1-1
City,Attorney
RESOLUTION NO. 4108 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO COMMENDING THE ALPHA'.'GAMMA RHO FRATERNITY FOR
ASSISTANCE DURING THE RAIN CRISIS OF FEBRUARY 16, 1980
BE -IT -RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Council commends the members of the Alpha Gamma Rho
Fraternity for their assistance provided the City and its residents by the
fraternity members during the rain storm of Saturday, February 16;,1980.
SECTION 2. The City Clerk is directed to send a copy of this Resolution
signed by the Mayor to the Alpha Gamma Rho Fraternity, 1622 Palm Street, San
Luis Obispo.
On motion of Mayor Cooper , seconded by Councilman Bond ,
and on the following roll call vote:
AYES: Yayor'Cooper, Councilmembers Bond, Dunin and Jorgensen
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 19th day of February P
1980.
gor n R. Cooper
ATTEST:
C' Me -J.H. Fitzpatrick
APPROVED:
istrat ve Officer
14106T� R 4108
City Attorney
RESOLUTION NO. 4107 (1980 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO AUTHORIZING AND DIRECTING THE MAYOR TO CONTACT
APPROPRIATE STATE AUTHORITIES TO URGE A FEASIBILITY STUDY
OF REPOWERING DIABLO CANYON NUCLEAR PLANT TO NON- NUCLEAR
FUEL
WHEREAS, this Council has determined that it is in the best interests
of the citizens of this community that serious consideration be given to
repowering the Diablo Canyon Nuclear Plant to non - nuclear fuel; and
WHEREAS, concerned citizens and groups- -among them, Mothers for Peace
and Concerned Physicians of San Luis Obispo have made the same determination;
NOW, THEREFORE, BE IT RESOLVED by the Council as follows:
SECTION 1. The Mayor hereby is authorized and directed to send the
following message by telegram to Governor Brown, the California Energy
Commission, the Public Utilities Commission and the State Resources Agency:
The City Council of the City of San Luis Obispo urges the state to
commission a thorough feasibility study of repowering the Diablo
Canyon Nuclear Plant to a non - nuclear fuel. We further urge that
this study be carried out under the auspices of the appropriate
state agencies, such as the California Energy Commission, the Public
Utilities Commission, and the State Resources Agency. In addition
to the technical aspects of such a proposal, the conversion study
should consider the economic, social and environmental costs,of.7,
operating Diablo Canyon as a nuclear power plant, as opposed to
operating with alternative fuel sources, including those costs
associated with the backend of the nuclear fuel cycle (E.G., decommission-
ing, waste storage) and government subsidies. Finally, some provision
should be made for direct public participation and input at appropriate
points in the study process.
R 4107
f
Resolution No. 4107
(1980 Series)
On motion of Councilman Bond , seconded by Councilman Jorgensen ,
and on the following roll call vote:
AYES: Councilmembers Bond, Jorgensen, Dunin and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 19th day of February
1980.
ATTEST:
`/ Fitzpatrick
APPROVED:
City J40FRII 9't r- tive Of r
City Attorney
`J
1
RESOLUTION NO. 4106 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY
OF SAN LUIS OBISPO CONFIRMING COSTS OF
SIDEWALK CONSTRUCTION PURSUANT TO THE
MUNICIPAL CODE.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. That pursuant to public hearings duly held, the Council hereby
determines that there are no objections or protests to the costs of construe-
tion submitted by the Superintendent of Streets and hereby confirms said costs
as submitted and as set forth hereafter.
2. That the hereinafter listed construction costs shall be paid within
thirty -one (31) days after the date hereof and any such costs remaining unpaid
thereafter shall be turned over to the City Tax Collector to be placed as a
lien against the property and.collected with the"City taxes, and subject to
the same penalties and costs if not.paid on the first installment. The prop-
erty owners, addresses and construction costs are shown on Exhibit "A ".
3. That at the request of the property owners and in accordance with
Section 7350.3 of the Municipal Code, the Council hereby determines that the
assessments set forth may be paid in.three (3)' annual installments, including
interest at the rate of three (30) percent per annum on the unpaid balance;
said interest to run from.the first day of the month following passage of this
Resolution to the time payment is made in full of the principal a^.ount, pro-
vided that failure to pay any installment and interest when due shall make the
remaining principal balance and interest payable in full and subject to addi-
tional penalties and interest as provided for City taxes and subject to the
same procedure for foreclosure and sale. Said property owners, addresses and
construction costs are shown on Exhibit "B ".
R 4106
Resolution No. 4106 (1-980 Series)
On motion of Councilman Dunin seconded by Councilman Bond
and on the following roll call vote:
AYES: Councilmembres Dunin, Bond, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 19thday of February ,
1980.
ATTEST:
c
CI K J.H. FITZPATRICK
* * * * * * * * * * * * * * * * * * * *
11-;9ZOe
Director of Public Services
OWNER
T. & M. Abad.:
J.C. & A.E. Bowers
W.L. Howse, efal
Model Lands, Inc.
P. Nisperos
C. & J.M. Robertson
R.W. Yans
EXHIBIT "A"
LOCATION AMOUNT
176
Brook Street
$ 325.00
195
Brook Street, also South St.
1,798.00
side
171
Brook Street
646.00
34
South Street
3,693.70
178
Brook Street
300.00
67
South Street
487.00
180
-190 Brook Street
1,160.00
f
OWNER
A. Owens, c/o A. Dunn
R. Hollie
R.E. Barger
P. Dubin
L. & J.F. Lenger, Jr.
EXHIBIT "B"
LOCATION
183 Brook Street
165 Brook Street
175 Brook Street
23 -27 South Street, also
Brook Street side
179 Brook Street
AMOUNT
$ 638.00
646.00
540.00
3,137.00
1,017.00
follows:
RESOLUTION NO. 4105(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND L. V. HANSEN.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. That certain agreement, attached hereto.marked "Exhibit
"A" and incorporated herein by reference, between the City of San Luis Obispo
and L. V. Hansen 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: L. V. Hansen, the
Director of Public Services, the Utilitites Engineer /Superintendent, the
Finance Director, the Chief Building Inspector and the Fire Chief.
On motion of Councilman Bond
and on the following roll call vote:
seconded.by Councilman Dunin ,
AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adopted this 19th day of February ,
m
ATTEST:
�, zpatrick
R 4105
Resolution No. 410
- 2 -
J
19 80 Series
APPROVED:
Director of Public Services
EXI;.IBIT "A"
AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT, dated February 19 1980, for the convenience_
of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipalfN
C -
corporation, hereinafter called "City ", and L. V. HANSEN, the fee owner
a
and developer of the real property depicted in EXHIBIT "B ", attached
hereto, hereinafter called "Developer ".
WITNESSETH:
In consideration of the mutual benefits, promises and agreements
set forth herein, the parties agree as follows:
1. The City agrees to contract for the installation of, and assist
in funding the following described water system improvements in accordance
with Municipal Code Section 7410.9 subsection (1), relating to main exten-
sions to new customers other than subdivisions, and City Council Resolution
No. 2435, adopted on March 9, 1973, which resolution is made a part of this
agreement as though specifically set forth herein:
A. Construction of approximately 505 feet of 8 inch diameter
water line in Islay Street from Carmel Street northerly to Beach
Street. .(This portion of the project including inspection,
engineering, and administration thereof is to be financed by the
City under provisions of Resolution No. 2435, otherwise known as
the 11$20,000 Quarterly Funding Program ", to the extent that said
funds are available from the first Quarter of the 1979 -80 program.)
B. Installation. of two fire hydrants with connecting laterals
and related facilities. (This portion of the project, including
inspection,.engineering and administration thereof, is to be
Agreement 0
City & L.V. Hansen
financed jointly by City and developer as follows: City to furnish
both hydrants with burys and to pay balance of costs for the Beach .
Street hydrant installation; the balance of the costs for the
Carmel Street hydrant installation is to be borne by the Developer.
Total cost to the Developer is estimated at $1,200.00.)
2. Said water system improvements have been determined necessary
to provide adequate fire protection for developments on the properties at
457 Islay, being Tax Roll Parcel No. 3- 622 -06 and at 450 Islay, being Tax
Roll Parcel No. 3- 614 -10.
3. City agrees to prepare plans and specifications providing for
the above described installation to City standards and to call for bids,
award a contract and administer same in accordance with the provisions of
Section 724 of the City Charter
4. Developer agrees to pay the following amounts as his share of
the costs for said improvements:
A. At the time of signing this agreement, a deposit in the
sum of $1,200.00 which represents estimated total costs of the
installation of City- furnished fire hydrant at Carmel Street.
B. Prior to the commencement of the work and immediately
following the opening of bids, such additional amount as is
necessary to pay for the actual.engineering, administration and
contract cost of the Carmel Street fire hydrant installation as
described in paragraph 1B above. It is understood that if said
balance is not paid to the City within thirty (30) days after
notification of the determination of the cost of said work, no
- 2 -
Agreement
City $ L.V. Hansen
page 3
improvements will be.made and the deposit will be forfeited and
retained by the City. Should the actual costs be less than
$1,200.00, the excess deposit will be refunded to the Developer.
5. City agrees to collect from the Developer of property at 457
Islay (referenced above) at the time of issuance of any building permit
for that property, an amount equal to fifty percent (50 %) of the total
payments defined in Paragraph 4 above, and to refund this amount to
Developer, Mr. Hansen. This provision shall terminate five (5) years
after the date of this Agreement, after which period the City shall no
.longer be obligated to make such collection and refund.
6. For planning purposes, the City estimates that the water system
improvement will be completed within five (5) weeks after the contract is
awarded, the City agrees to.use due diligence in seeking timely contract
performance: However, the parties recognize that City cannot guarantee
timely performance, and Developer agrees that City shall not be responsible
for any loss incurred by him as a result of delays in contract completion.
Developer also agrees to hold City harmless from all claims by third persons,
purchasers or tenants which are based upon delays in performance of the water
main construction contract.
7. Developer agrees that he will not seek a certificate of occupancy,
and he will not permit others to occupy, the project to be constructed by
him upon the real property referred to herein prior to the completion of the
needed water system improvements, unless written permission to do so is
obtained from the City Fire Department.
8. This agreement.shall be binding upon and shall inure to the
benefits of the heirs, assigns, and all other successors in interest of the
parties.
0
Agreement
City $ L. V. Hansen
IN WITNESS WHEREOF;, the parties hereto have caused this Agreement
to be executed.
DEVELOPER:
L. V. Hansen
CITY OF SAN LUIS OBISPO
ATTEST:
S/LYNN R. COOPER
SIJ.H. FITZPATRICK Mayor Lynn R. Cooper
City Clerk J.H. Fitzpatrick
APPROVED AS TO CONTENT:
City Ad-" trative Officer
Director of Public Services
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RESOLUTION NO. .4104 (1980 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING ALTERNATIVE NO. 5 OF THE FINAL ENVIRONMENTAL IMPACT
STATEMENT IN THE PROPOSED FIVE -YEAR OCS LEASE SALE SCHEDULE.
WHEREAS, the United States Department of.the Interior is charged with
administering the mineral development of the Outer.:Continental Shelf under the
OCS Lands Act of August 7, 1953 (67 Stat. 452; 43USC: Sections 1331- 1343); and
WHEREAS, the OCS Lands Act Amendments passed by Congress September 18, 1978
(92 Stat. 649; 43USC: Sections 1344 - 1348), set.fbrth the criteria to be considered
by the Department of Interior in developing a five -year leasing ..schedule for OCS
Lease activity; and
WHEREAS, the Department of the .Interior has prepared the Final Environmental
Statement for the'Proposed Five -Year OCS Oil and Gas Lease Sale.Schedule — March,
1980 — February, 1985; and
WEIEREAS; Resolution No. 3776.(1979 Series) was adopted by the City Council
of the City of.San.Luis Obispo on February 20, 1979.supporting the California
Coastal Commission's.concern that the Proposed Five -Year Lease Sale Schedule for
OCS Lease Sale #53 does not adequately consider the environmental criteria required
by the OCS Lands Act Amendments of 1978, for development of a leasing schedule; and
WHEREAS,.in response to the State of California and other commentors on the
Draft Environmental Statement for the Proposed.Five -Year OCS oil and Gas Lease
Sale Schedule, an Alternative 5 has been included in the Final Environmental
Statement which would:
1. Hold the proposed Central and Northern California Sale (#53) in 1983
(Alternative 1 scheduled this sale in'1981) to allow time for further environmental
data collection;
and
2. Omit the 1983 California Sale.included in Alternative 1 (4173);
3. Designate the 1984 California Sale (4480) as a.Southern.California Sale;
R 4104
Resolution No. 4104 (1980 Series)
WHEREAS, comments on the Final Environmental =Statement are accepted until
February 25, 1980; and
WHEREAS, Cecil Andrus, the Secretary.of the Department of Interior, subse-
quent to February 25, 1980, will make recommendations to Congress regarding
implementation of.the.proposed Five -Year Lease'Sale Schedule;
NO.W, THEREFORE,.BE IT RESOLVED,. that the City Council of the City of San
Luis Obispo, State of.California, hereby adopts this resolution supporting
I
nclusion of.Alternative 5 in the Five - Year OCS Oil and Gas Lease Sale Schedule;
and requesting Secretary Andrus to adopt Alternative 5 in his recommendation to
Congress; and
FURTHER RESOLVED, that this resolution-be transmitted to Cecil Andrus, the
Secretary of the U.S. Department of the Interior.
On motion of __Councilman Bond_ , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT; Councilwoman Billig
the foregoing Resolution.was passed and adopted on this 19th day of February ,
1980.
ATTEST:
CI t J.H. FITZPATRICK
Approved:
Attorney
i
• �J
RESOLUTION NO. 4103 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE HAP FOR 11INOR SUBDIVISION 7.9 -274,
LOCATED AT 608 - 636 H014ARD STREET, SUBDIVIDERS: WILLIA1141 Ah'D
RUSSELL TROMAS
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 rinor Subdivision No. 79 -274 and the Planning Commission's recommendations, staff
recommendations and reports thereon, makes the following findings:
1. The proposed parcel map and design are consistent with the general plan.
2. The site is physically suited for the proposed type and density of
development which is.permi.tted by the R. 2 zone.
3. The design is not likely to cause substantial environmental damage,
-or cause serious public health problems.
4. The design of the proposed subdivision will not conflict with public
easements for access through, or use of property within the proposed
subdivisions.
SECTION 2. That the Council makes an exception to accept a 36' radius
cul -de -sac (instead of 50' radius) based upon the following findings:
1. The variance granted.does not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the same vicinity.
2. Because of special circumstances, notably the configuration of the existing
right of way, the strict literal application of the subdivision ordinance
would deprive the property of privileges enjoyed by other properties in
the vicinity.
3. Under the circumstances of this particular case; the variances requested
carry out the spirit and intent of the subdivision ordinance.
SECTION 3. That the approval of the tentative map for Minor Subdivision
79 -724 be subject to the following conditions:
1. A temporary waiver of sidewalk installation is hereby granted, subject to
the subdivider signing a covenant agreement stating that sidewalk improvements
shall be installed within 30 days after notice by the City Engineer.
2. Final.map shall show existing sewer line and easements over it to the
satisfaction of the City Engineer.
On motion of Councilman Jorgensen, seconded by Councilman Bond, and on the
following roll call vote:
F y/013
Resolution No. 4103 (1980 Series)
MS 79 -724
Page Two
AYES:: Councilmembers Jorgensen,.Bond, Dunin and Mayor Cooper -
NOES:: None
ABSENT: Councilwoman Billig
The foregoing-Resolution was _passed and.adopted 19th day.of February., 1980.
ATTEST:
IR--- /'r yr►
Approved:
City Admiaistratt eWfficer
City Attorney
Community De elopme Director
RESOLUTION NO. 4102 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A LEAST AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE COUNTY OF SAN LUIS OBISPO FOR PARKING ON
CITY PROPERTY LOCATED AT THE CORNER OF PALM AND OSOS STREETS.
BE IT RESOLVED by the Council of.the City of San Luis Obispo as follows:
SECTION 1. That certain lease agreement, attached hereto marked Exhibit "A"
and incorporated herein by -reference, between the City of San Luis Obispo and
the County of'San Luis Obispo for the property located on the corner of Palm
and Osos Streets 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: Chairman of the Board of
Supervisors., County of San Luis Obispo; City Director of'Public Services and
the City Finance Director.
On motion of Councilman.Dunin_ ___. seconded by Councilman Jorgensen
and on the following roll call vote:
AYES: Councilmembers Dunin, Jorgensen, Bond and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing resolution was passed and adopted this 19th- day of February .
1980.
19YNN R. COOPER
ATTEST:
CIT . FITZPATRICK
Approved:
City nistrative Offic r
City Attorney
Director of Public ervices
R 4102
LEASE
THIS LEASE is entered into between the City of San Luis Obispo herein-
after referred to as "Landlord" and the County of San Luis Obispo herein-
after referred to as "Tenant ".
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties hereto agree as follows:
1. PREMISES: Landlord hereby leases to Tenant, and Tenant hereby
hires and takes from Landlord, for the term, at the rental and upon the con-
ditions hereinafter set forth, those certain premises, hereinafter referred
to as the "Premises ", described as follows:
That certain space comprising approximately 20,000 square feet located
at the Southerly most corner of intersection of Palm Street and Osos Street
in the City of San Luis Obispo. Said space is outlined on Exhibit "A"
attached hereto and incorporated by reference herein._ Landlord specifically
reserves six parking spaces as shown on said Exhibit "A" for use by Land-
lord.
2. QUIET ENJOYMENT: Landlord agrees to and shall on the commencement
date of the term of this Lease as hereinafter set forth place Tenant in
quiet possession of the leased premises and shall secure him in the quiet
possession thereof against all persons lawfully claiming the same during the
entire lease term and any renewals or extensions thereof.
3. TERM: The term of this Lease shall be for a period of eighteen
months commencing April 1, 1980 and expiring at midnight on September 30,
1981.
4. RENTAL: Tenant agrees to pay Landlord as rent for the leased prem-
ises the total sum of One Dollar Even ($1.00) payable in advance on the 1st
day of this contract. All payments of rent shall be paid to Landlord at
City Hall, City of San Luis Obispo, or at such other place as Landlord may
designate.
5. USE OF LEASED PREMISES: The premises shall be used for the purpose
of parking related to County business. The premises shall not be used for
any other purpose without the prior written consent of Landlord.
6. INSURANCE: Landlord shall provide fire and extended coverage in-
surance on the leased premises, such insurance to be primary. In that
connection, Landlord shall procure an appropriate clause in, or an endorse-
ment on, the policy for said insurance, pursuant to which the insurance
•�D 0c)
company waives subrogation or consents to a waiver of right of recovery
against Tenant, and Landlord does hereby agree that it shall not make any
claim against or seek to recover from Tenant any loss or damage resulting
from fire or other hazards covered by such insurance.
In the event that Tenant., at its option, elects to procure fire insur-
ance on Tenant's personal property within the leased premises, then Tenant
shall procure an appropriate clause in, or an endorsement on, the policy for
said insurance, pursuant to which the insurance company waives subrogation
or consents to a waiver of right of recovery against Landlord.
Tenant shall carry public liability and proprty damage insurance on
said premises in the amount of $1,000,000.00 public liability insurance, and
$1,000,000.00 property damage insurance, naming Landlord as a named insured
therein; provided that all such insurance shall contain the following provi-
sions:
a) It shall cover personal injury as well as bodily injury.
b) In all such insurance the word "accident" shall be replaced by the
word "occurrence ".
c) It shall contain the provision requiring the insurance carrier to
give to Landlord 30 days prior written notice of any cancellation of such
insurance, reduction in the coverage thereof, or any other major change
therein.
d) It shall cover owned, non -owned and hired motor vehicles.
e) It shall cover complete contractual liability.
Tenant agrees to be self - insured as to the leased premises.
7. INDEMNITY: Tenant shall indemnify and hold Landlord harmless from
any and all liability for injury or damage to persons or property in or on
the leased premises, provided such injury or damage is caused by the negli-
gent or willful act of the Tenant or its agents or employees.
8. MAINTENANCE: Tenant, at their sole cost and expense, shall provide
all landscape and parking lot maintenance services necessary to keep said
premises in a clean, neat and safe condition, including but not limited to -
the watering, fertilizing and cultivating of all landscaping, the replace-
ment of any dead or dying plants, and such sealing and patching as may be
necessary to preserve the integrity of the parking lot surface.
9. ASSIGNMENT AND DEFAULT: Tenant shall not assign this Lease, nor
sublet the whole or any part of the premises, without the prior written
consent of Landlord. Any attempt to do so shall be void, shall confer no
rights on any third party, and shall be good cause for cancellation of this
lease by Landlord at its option. This Lease shall not be assignable by
operation of the law.
Should Tenant violate any of the terms or conditions hereof, Landlord
may, thirty (30) days after written notice to Tenant, terminate this Lease
and re -enter the premises and remove all persons therefrom.
In the event of breach of any covenant or condition by Landlord herein
set forth or implied, Tenant shall have the option to terminate the Lease
and surrender the premises after thirty (30) days written notice to the
Landlord.
10. RIGHT TO TERMINATE: Both parties, hereto, reserve the right to
terminate this agreement upon sixty (60) days advance written notice.
11. DESTRUCTION OF PREMISES: If during the term of this Lease, the
premises are injured or destroyed by fire or other cause, so as to render
the premises, in Tenant's judgement, unfit for occupancy, or so as to sub-
stantially prevent or impair, in Tenant's judgement, Tenant's use of the
premises for intended purposes, then this Lease shall terminate at the op-
tion of either party hereto; providing that the premises can not be repaired
to the satisfaction of Tenant under the laws and regulations of any govern-
mental agency thereunto applicable, using the same type of construction,
within thirty (30) days.
12. HOLDING OVER: In the event that Tenant shall hold over after expi-
ration of the lease term or any extension or renewal thereof, with the con-
sent, express or implied, of Landlord, such holding over shall be deemed
merely a tenancy from month -to -month on the terms., covenants, and condi-
tions, so far as applicable, and subject to the same exceptions and reserva-
tions, as herein contained, until such tenancy is terminated in manner pre-
scribed by law.
13. NOTICES: Any notices, demands, or communication, under, or in con-
nection with this Lease, may be served upon Landlord by personal service, or
by mailing the same by certified mail in the United States Post Office,
postage prepaid, and directed to Landlord at City Hall, City of San Luis
Obispo, Ca. 93401, and may likewise be served on Tenant by personal service
or by so mailing the same addressed to tenant at the Department of Facility
Services, 977 Santa Rosa Street, San Luis Obispo, CA. 93406. Either Land-
•,J
00
lord or Tenant may change such address by notifying the other party in
writing as to such new address as Tenant or Landlord may desire used and
which address shall continue as the address until further written notice.
14. SUCCESSORS: The agreements herein made shall apply to, bind, and
inure to the benefit of the successors and assigns of Landlord., and the suc-
cessors and permitted assigns of Tenant.
15. TIME OF ESSENCE: Time is of the essence in this Lease.
16. PROVISIONS DEEMED COVENANTS AND CONDITIONS: The parties hereto
agree that all of the provisions hereof are to be construed as covenants and
conditions as though the words importing such covenants and conditions were
used in each instance, and that all of the provisions hereof shall bind and
inure to the benefit of the parties hereto and their respective heirs, legal
representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Lease this
day of
(SEAL)
ATTEST:
s1J.H. FITZPATRI&
City Clerk J.H. Fitzpatrick
, 1980.
LANDLORD: CITY OF SAN LUIS OBISPO
BY: s1LYNN R. COOPER
—Mayor Lynn ooper
TENANT: SAN LUIS OBISPO COUNTY
BY:
Chairman of the Board of Supervisors
Authorized by Board action on
. 1980
ATTEST:
Clerk of the Board of Supervisors
DFS /mb
LSE /CITY /SLO 115
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RESOLUTION NO. 4101(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 592
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Public Improvements for Tract 592 are hereby accepted for
maintenance by the City of San Luis Obispo subject to the terms and conditions
of an agreement attached hereto and marked Exhibit .. "A".
M
SECTION 2. The Mayor is hereby authorized to execute the agreement attached
hereto and marked Exhibit "A ".
,�L-
On motion of Mayor Cooper , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Mayor Cooper, Councilmembers Dunin and Bond
NOES: Councilman Jorgensen
ABSENT: Counciwoman Billig
the foregoing resolution was passed and a
February , 1980.
ATTEST:
ell
ZIT RK J.H. FITZPATRICK
APPROVED:
Ci m' at�ive Officer
A//.
Zilty Attorney
Public Services Director
R 4101
5 -hibit "A"
AGREEMENT
This agreement, dated this i day of
1980, between The Meadows, herein referred to as "Subdivider, and the City
of San Luis Obispo, herein referred to as the "City."
WHEREAS, the Subdivider desires that the public improvements of Tract 592
be accepted by the City for perpetual maintenance.
WHEREAS, the City and Subdivider concur it is mutually beneficial that
certain improvements not be completed until such time that construction of
structures and, their appurtenances is complete.
NOW THEREFORE, the Subdivider does hereby agree to the withholding of
eleven thousand ($11,000.00) dollars from the set-aside-account established
by the subdivision agreement for said tract ($10,000 for street trees, $1,000
for the installation of low maintenance landscaping and watering system in the
area along Higuera Street (Condition 25) and the installation of street trees.
Final occupancies for structures.to be built on the vacant lots shall not be
granted until the frontage improvements of the respective lots have been
repaired or improved to the satisfaction of the Public Services Department.
The above funds shall be released only upon completion of the aforementioned
improvements and repairs to the - satisfaction of the Public Services Department.
The Subdivider does also agree that City shall continue to withhold from
v
the set -aside account $75,000 to be held pursuant to the conditions set out
in the attached letter dated October 12, 1978.
IN WITNESS WHEREOF, this agreement has been executed by:
SUBDIVIDER v
s /LYNN R. COOPER
MAYOR LYNN . 0 R
ATTEST:
s/J.H. FITZPATRICK
CITY CLERK J.H. FITZPATRICK
APPROVED AS TO FORM:
Ci A i st a ive Officer
City Attorney
6
Public Services
Director
6
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RESOLUTION NO. 4100(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR
SUBDIVISION SLO -79 -157, LOCATED AT 2200 LOS OSOS
VALLEY ROAD AND 1440 AUTO PARK WAY, THOMAS BAUMBERGER,
APPLICANT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council previously made certain findings concerning
Minor Subdivision SLO -79 -157 as contained in Resolution No.-3958 (1979 Series).
SECTION 2. Condition Number 5 of said Resolution No. 3958 is hereby waived.
SECTION 3. The final map of Minor Subdivision SLO -79 -157 is hereby
approved.
On motion of Councilman Jorgensen seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Jorgensen, Dunin, Bond and Mayor Cooper
NOES: None
ABSENT: Councilwoman Billig
the foregoing Resolution was passed and adop
1980.
ATTEST:
APPROVED:
r
City A nistrative Officer
City Attorney
this 19th day of February ,
F,v!
il eer
R 4100
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