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HomeMy WebLinkAbout4150-4199i RESOLUTION NO. 4199(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ROGER M. BROWN AND JUANITA L. BROWN FOR THE WIDENING OF JOHNSON AVENUE NORTHEASTERLY OF SOUTHWOOD DRIVE. 1"L 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 Roger M. Brown and Juanita L. Brown 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 Roger M. Brown and Juanita L. Brown and City Engineer -and Finance Department. On motion of Councilman Plunger , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Munger, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of July , 1980. ATTEST: ' ICfQi�✓� CITYg06ERKJ.H. FITZPATRICK . R 4199 Resolution N0.4199(1980 Series) APPROVED: City Administrative Officer City Attorney City Eng' eer I- . . I 1 AGREEMENT �� THIS AGREEMENT, executed this �� — day of 1980, by and between ROGER M. BROWN and JUANITA L. BROWN, hereinafter called ' GRANTOR and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called CITY, witnesseth: 1. Grantor shall convey to the City 1360 square feet, more or less, lying along Johnson Avenue as shown on attached Exhibit A. 2. Grantor agrees to construct sidewalk, curb and gutter and driveway ramp across the frontage of the parcel within 90 days of the above date. 3. City agrees to provide all necessary engineering, relocate utilities, and to paveout the street. 4. Grantor shall modify the existing grade adjacent to the new driveway ramp to be in accordance with City codes. 5. Grantor shall grade as necessary to provide a 2 to 1 slope behind the sidewalk. 6. City shall pay the total sum of six thousand one hundred twenty ($6,120.00) dollars to Grantor upon completion of the above mentioned improvements. ATTEST: CIT .X-1CL'ERKJ.H. FITZPATRICK ROGER BROWN ev ,fIANITA L. BROWN I W- h 2 3 4 CT M� PRO/' ,2TY T�ESGe %BED •) -7 % 5 /N D: OR 17641-106 13 1-7 5Er-. 3� ° T 3o 5 y�° ' N R Z E THE A1XZ4"VE) 3300 i7o Area oT 10eQlfco'1,on K 4�Bo AVE Ex Ielr A �HNSON/-1(/E. ��En/iNG �Poger/L%f>'f or���aL. �ro�r� To Ci /y 1 "Sorg l ass C E R T I F I C A T E O F A C C E P TA N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated June 5. 1980 ,1980, from Roger 24. Brown and Juanita L. Brown 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 10022 Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: _July 1 1980 _ ATTEST: r J.Hi zpatrick, City.Clerk CITY Of,"SN LUIS OBISPO R: Cooper, Moor RECORDING REQUESTED B;� City Clerk 110� San Luis Obispo, CA AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTH WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: I� SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 04- 991 -11 GRANT DEED 1 The undersigned declares that the documentary transfer tax is 8 ................................................... ............................... and is ❑ computed on the full value of the interest or property conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in unincorporated area ® San Obispo and ... P city of ....... ... ... L.... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Roger M. Brown and Juanita L. Brown, H &W, as point tenants hereby GRANT(S) to the City of San Luis Obispo, a municipal corporation the following described real property in the City of San Luis Obispo county of San Luis Obispo state of California: The southwesterly 8 feet of that certain property described in a deed recorded February 8, 1974 as Document No. 3804 in Book 1764, Page 406 of Official Records in the Office of the County Recorder, measured at right angles to the southwesterly line of said property. Dated l�7 — 7 D E� /i' / f • ✓��/C/ Roger M. Brown STATE OF CALIFORNIA COUNTY OF San Luis ObispO } SS. On June 5, 1980 before me, the under - sianed, a Notary Public in and for said County and State, personally appeared Boger M. Brown and Juanita L. Brown , known to me to lie the person 1010.4c nanle.$__.aubsr-rihed to the within instrument and acknowledged tlat_they_esecuted the same. I 1 / 0/ Sl;.natuce of 6o[ary / '�7I ^i6- LZ- 22CiLt/ : F ' -7 Juanita L. Brown FOR NOTARY SEAL OR STAMP BECKY dORCESON F nouffY PUBLIC My Commison NAME City Clerk AooREEE P.O. Box 321 C:ITT a San Luis Obispo, CA 93406 STATE ZIP 1 Title Order No. Escrow No. I� SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 04- 991 -11 GRANT DEED 1 The undersigned declares that the documentary transfer tax is 8 ................................................... ............................... and is ❑ computed on the full value of the interest or property conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in unincorporated area ® San Obispo and ... P city of ....... ... ... L.... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Roger M. Brown and Juanita L. Brown, H &W, as point tenants hereby GRANT(S) to the City of San Luis Obispo, a municipal corporation the following described real property in the City of San Luis Obispo county of San Luis Obispo state of California: The southwesterly 8 feet of that certain property described in a deed recorded February 8, 1974 as Document No. 3804 in Book 1764, Page 406 of Official Records in the Office of the County Recorder, measured at right angles to the southwesterly line of said property. Dated l�7 — 7 D E� /i' / f • ✓��/C/ Roger M. Brown STATE OF CALIFORNIA COUNTY OF San Luis ObispO } SS. On June 5, 1980 before me, the under - sianed, a Notary Public in and for said County and State, personally appeared Boger M. Brown and Juanita L. Brown , known to me to lie the person 1010.4c nanle.$__.aubsr-rihed to the within instrument and acknowledged tlat_they_esecuted the same. I 1 / 0/ Sl;.natuce of 6o[ary / '�7I ^i6- LZ- 22CiLt/ : F ' -7 Juanita L. Brown FOR NOTARY SEAL OR STAMP BECKY dORCESON nouffY PUBLIC My Commison S,W LU!3 C"'W's COUNTY CAUPORNIA Expires on DeCember 16. 1983 Assessor, Parcel No .............. ...........:............:...... NIAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, NIAIL AS DIRECTED ABOVE Name Street Address City & State L-1 (G.S.) (Rev._4 -75) B_yt. RESOLUTION NO. 4198 (1980 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING CLOSURE OF HIGUERA STREET FROM OSOS STREET TO NIPOMO STREET ON THURSDAYS BETWEEN THE HOURS OF 6 P.M. AND .1 P.M. FOR A PERIOD OF ONE YEAR WHEREAS, for a number of years Thursday evening traffic in the downtown area has been appreciably more congested, dense, and annoying than traffic at any other time; and WHEREAS, recently Thursday evening downtown traffic has increased, exacerbating the described congestion, density and annoyance to the extent that the following all are serious problems in the downtown area associated with and.caused by many of the vehicle operators and passengers in the Thursday traffic: and (a). Unreasonably high motor noise; (b) Screeching of tires; (c) Racing of vehicles; (d) Consumption of alcoholic beverages in vehicles; (e) High incidence of vehicle accidents; (f) High level of exhaust fumes; WHEREAS, the listed problems have a detrimental effect on the shoppers, merchants, and other members of the public visiting the downtown area on Thursday evenings; and WHEREAS, the described problems are more prevalent on Higuera Street; and WHEREAS, this Council feels that a closure of certain lengths of Higuera Street on Thursday evenings will significantly alleviate the described problems. NOW, THEREFORE, BE IT RESOLVED by the 'Council of the City of San Luis Obispo as follows: SECTION 1. The Chief of Police is authorized to close.Hipuera Street, from Osos Street to Nipomo Street, to through vehicle traffic between 6:00 P.M. and 1:00 A.M. every Thursday from and including July 10, 1980, through R 4198 • Resolution No. 4198 (1980 Series) July 9, 1981; provided, that the cross streets, to wit Nipomo, Broad, Garden, Chorro, Morro and Osos, along the closed portion of Higuera Street may remain open through their intersections with Higuera Street. SECTION 2. The closure shall be effected in a manner agreeable to the Chief of Police, the Fire Chief and the Director of Public Services. SECTION 3. The Chief of Police shall report to the Council every 120 days regarding the effects of the closure. 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 LYNN R. ATTEST: CITY CLE . . FITZPATRICR APPROVED: Cit 3st t ve Olficer City Attorney l /n� Chief (� jPolice day of July , 1980. RESOLUTION NO.4197(1980 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL APPROVING A TWELVE -MONTH TIME EXTENSION FOR TRACT 822, LOCATED AT 3301 BROAD STREET. WHEREAS, the subdivider requests a twelve -month time extension to re- ceive approval of his final map; and WHEREAS, the Planning Commission found that the request for time extension is justified and recommends approval; and WHEREAS, the City Council concurs with the Planning Commission findings; NOW, THEREFORE the City Council resolves that Tract 822 is granted a twelve -month time extension to June 5, 1981, subject to original tentative tract map conditions as specified in City Council Resolution No. 3859, attached hereto. On motion of Councilman Dunin , seconded by Councilwoman Billig and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 111st day of July , 1980. ATTEST: City rc J.H. Fitzpatrick R 4197 Resolution No. 419Xiy80 Series) Tract 822 Page 2 APPROVED:. Cit istra ive 6fiicer City Attorney U&� T�-MN� Community De lopment 0 ector RESOLUTION No. 3859 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS. OBISPO GRANTING APPROVAL OF TENTATIVE TRACT MAP N0. 822 LOCATED AT 3301 BROAD STREET .BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Tract 822 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The site is physically suitable for the type of development proposed. 4.. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems - .7. The design of the 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 822 be subject to the following conditions: 1. Tract corners shall be set by a registered civil engineer or land surveyor. 2. A registered civil engineer or land surveyor shall certify that the structures are located correctly prior to release of structures for occupancy. 3. All utilities shall be underground. 4. Subdivider shall pay water acreage charges as determined by the city engineer prior to final map approval. 5. Subdivider shall install individually metered water service to each dwelling unit. Meters shall be located at frontage of each unit, be unobstructed, and be to the approval of the Public Services Department. 6. Water mains shall be public and be 8 -inch ductile iron. Easements as necessary shall be provided as required by the city engineer. 7. New seiner mains within driveways shall be public. All other sewers on -site shall be private. Access to existing public sewer main shall be to the satisfaction of the Public Services Department. No structures shall be allowed within existing or new-sewer easements. 8. All private driveways shall be improved to standards approved by the city engineer. 9. Subdivider shall improve Rockview Place across entire frontage with curb, gutter, 4 =foot integral sidewalk and driveway ramps to city standards and improve and reconstruct entire street pavement section to the approval of the city engineer. A contribution, as determined by the city engineer, may be paid to the city in lieu of street reconstruction, in which case temporary pavement to new gutter would be required. 10. Subdivider shall install driveway ramp and 6 -foot integral sidewalk across entire Broad Street frontage to the approval of the Public Services Department. R 3859 ....1 _ N Tentative Map 822 (1979) 11. Final map shall note entire site as a .blanket utility easement acceptable to the utility companies and city engineer. 12. Subdivider shall install traffic control devices /signs on -site to the approval of the city engineer. 13. Subdivider shall install street trees along both street frontages to the 'approval of the Public Services Department. 14. Final map shall show access rights to Broad Street, with exception of driveway, dedicated to the city by way of a one -foot reserve strip to the approval of the city engineer.. 15: All storm drainage channels and facilities shall be designed and installed to current design criteria and to the approval of the city engineer. 16. Final map shall note the lowest finish floor elevation for any construction and shall be one foot above the 100 -year design storm elevation. 17. Subdivider shall soundproof the interior of the dwelling units to a 45 db level consistent with the General Plan Noise Element. 18. Recreation facilities on site shall receive no credit for subdivision park dedication requirements. Subdivider shall pay park in -lieu fees prior'to final map approval. 19. Conditions, covenants and restrictions shall be approved by the city attorney and Community Development Director prior to final map approval. CC &Rs shall contain the following provisions: a. A homeowners association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common areas including landscaping, building exteriors, private driveways, drainage facilities, lighting, walls, fences, etc., in first class condition; b. A right of the City of San Luis Obispo to compel performance if the homeowners association fails to perform and assess the homeowners association for expenses incurred; c. No parking in private driveways except in approved designated spaces; d. A grant to the City of San Luis Obispo the right to tow away vehicles on a complaint basis, which are parked in unauthorized places; e. No outside storage of boats, campers, motorhomes, trailers or inoperable vehicles; f. No unscreened outside storage by individual units; g. Ownership and occupancy restrictions limiting all units to owner occupied for a period of two years from initial sale. 20. Subdivider shall prepare and submit for approval of the Community Development Department staff an addressing plan with directory boards to be installed at each entrance by the subdivider. On motion of Councilman Jorgensen seconded by Councilwoman Billie and on the following roll call vote: AYE: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOE: None ABSENT: None The foregoing resolution was passed and adopted this 5th day of June, 1979. s /LMW R. co.oPEii Mayor Lynn R. Cooper Tentative Map 822 ATTEST • s/J.H. FITzrATP,ICK City Clerk J.H. Fitzpatrick Approved as to form: City Attorney KB :L 4/27/79 Approved as to content: City A trative Officer ommuwelopm a 8rtment P (1979) RESOLUTION NO. 4196(1980 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL APPROVING A TWELVE -MONTH TIME EXTENSION FOR MINOR SUBDIVISION 79 -101, LOCATED AT 2238, 2246, and 2252 BROAD STREET. WHEREAS, the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS, the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves that Minor Subdivision No. 79 -101 is granted a twelve -month time extension to July 3, 1981, subject to original tentative parcel map conditions as specified in City Council Resolution No. 3888 attached hereto. On motion of Councilwoman Billig , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing resolution was passed and adopted this 1st day of July 1980. ►:1400 *36 Cit erk J.H. Fitzpatrick. R 4196 Resolution No. 4196(1980 Series) Minor Subdivision No. 79 -101 Page 2 APPROVED: City City Attorney RESOLUTION NO. 3888 (1979 series) a A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -1019 LOCATED AT 2238 -2252 BROAD STREET AND 2201 EMILY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 79 -101 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density, of development which is permitted by the C -H zone. 3. The design.is not likely to cause substantial environmental damage or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with the public easements for access through, or use of property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -101 be subject to the following conditions; 1. Final 'map shall show vehicular and controlled pedestrian access rights to South Street for parcel A dedicated to the city by way of a one -foot reserve strip to the approval of the City Engineer.. 2. Final map shall show vehicular access to Broad Street for.parcel A, with the exception of such driveways as may be approved by the Planning Commission., dedicated to the city by way of a one -foot reserve strip. 3. Subdivider shall dedicate sufficient area and improve with curb, gutter, sidewalk and street paving easterly portion of Alphonso Street to accommodate a standard cul -de -sac to the approval of the City Engineer. 4. Subdivider shall install and /or 'repair frontage improvements along Broad and Alphonso Street frontages to the approval of the City Engineer and Public Services Department. 5. Subdivider shall install interim frontage improvements at Emily and South Street intersection of parcel A to the approval of the City Engineer and Public Services Department. 6. Subdivider shall install' street trees on all frontages of parcel A except South Street to the approval of the Public Services Department. 7. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 8. Subdivider shall install storm drainage improvements and provide storm drainage easements to "the approve of the City Engineer prior to approval of the final map. On motion of Councilman Jorgensen, seconded by Councilman Dunin, and on' following roll call vote: AYE: CoWicilmembers Billig, Bond, Dunin,.Jorgensen and 11ayor Cooper NOE: None ABSENT: None g 3888 Minor Subdivision 79 -101 (1979) The foregoing resolution was passed and adopted this 3rd day of July, 1979.. ATTEST: s /J.H. FITZPATRIO'K City C— lerki,H. Fitzpatrick Approved as to form.: City Attorney s /LYNN R. cOOFcR May0r Lynn. R. Cooper Approved as to content: City Ad r<ser at ive Of icer 1 l cc.F� Community Deve o,pment Deparfinent RESOLUTION NO. 4195 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTA- TIVE MAP FOR MINOR SUBDIVISION 80 -43, LOCATED AT 290 FOOTHILL BOULEVARD 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. 80 -43 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 casue 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:fwithin the proposed subdivision. 5. The negative declaration approved by the Community Development Director for this project is appropriate. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -43 be subject to the following conditions: 1. Subdivider shall install handicap access ramp in the sidewalk at the north- west corner of Foothill Boulevard and Jeffrey Drive. A temporary waiver of the handicap ramp installation is hereby granted, subject to the sub- divider signing a agreement stating that the handicap ramp shall be installed within 30 days notice by the City Engineer. The City Engineer shall -not require „installation.of "handicap ramps until they are- installed at other inter -.sections- 'on-Foothill Boulevard. 2• Subdivider shall _ins tall -a solid.-6-foot high fence to the approval of the Community Development Department.staff along west subdivision boundary prior to final map approval. R 4195 Resolution No. 4195 (1980 Series) Minor Subdivision No. 80-43 Page 2 On motion of Councilwoman Billig , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing resolution was passed and adopted this 1st day of July , 1980. Lynn R. Coyer ATTEST: City .I -Fitzpatrick APPROVED: City inistrative Officer A/���� City Attorney Community Deve I opment Direa of RESOLUTION NO. 4194(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 -147 LOCATED AT 100 CASA STREET; JONATHAN LINDENTHALER, 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 -146 as contained in Resolution No. 3937 (1979 Series). SECTION 2. Condition Number 6 of Resolution No. 3937 (1979 Series) is hereby deleted as a condition of approval of said Minor Subdivision SLO -79 -147. SECTION 3. This Council hereby grants approval of the Final Map of Minor Subdivision SLO -79 -147. 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 ABSENT: None the foregoing Resolution was passed and adopt this 24th. day of June , 1980. ATTEST: CI RK J.H . FITZPATRICK APPROVED: City Attorney R. City E gineer R 4194 RESOLUTION NO. 419,3(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -80 -42 LOCATED AT 633 AND 645 HENDERSON; VANCE HARRIS, 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 -80 -42 as contained in Resolution No. 4175 (1980 Series). SECTION 2. This Council hereby grants approval of the Final Map of Minor Subdivision SLO- 80 -42. On motion of Councilwoman B llig , seconded by Councilman. Bond :.:_._, and on the following roll call vote: AYES: Councilmembers= Billig,'Bond;,Dunin, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted 1980. ATTEST: CIT J.H. FITZPATRICK APPROVED: City Admire ralve Officer Lam/ City Attorney YNN R. * * * * * * * * * * * * * City ineer day of June 8.4193 1+ 1 n C• aHUi 4 yLdq N $yon 0 atn ynZ^ V1 yLP Cnak r aaa yo° nn^ �2 �o Y t a a 4 , 0 P 0 i al n � n y 4 � u 'k 'o. 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A yi ^pan ioA$i agynh u n 2 }° yj�q\ D ga$aq � a�AgL enC4o n taeoq a� Cn igFai yio�A Nog 4 i e� 4 •� y WnW \ T P N o a iq d N y n o e� a V h .31 63 63 a a: N: 9 �e 9� cegAO � n y ° gaq,�po 1 42�°n�n�ai is n kkk' v4 �2 n��a ^a��g'g of g` ° tay ° a° 8 �0,2ndg m natg a P a�d;a°na �o4aa� yak °'Y �inaa,r �yynngf�k` tt �yl n a�uiq 0 a�is2 � g� om i atn ae2$2 � e ;AC$0 ql a tni \4 n N a`�tnr nit aan Rn n °it��aaai;; N mi$toa��cigi t" ROM ea 4Na" �Fntn nyt,a C o$ Q mnkai� $oyH2ptai�i 0 2= � \a °Ng�g� CO pC� °o0i °n tL a 4� A \HiGagytiO� �1 z 8 iQ °it�`an °o y ,i � a Ark n�aaiH��p�a 0 �o m in�oasyoiy� Y qq � RA v �1n2y, ^oiCt ° $2 0•nlvua� °jA\ 0 °N a0 Ca9 yt�.0 2.1 pne��ggnt� RI i t �i t! 6 } r, n _ eev RESOLUTION NO. 41911980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE HIGUERA STREET WIDENING /SOUTH STREET REALIGN- MENT PROJECT. WHEREAS, the City of San Luis Obispo has prepared and circulated for comment a draft environmental impact report for the widening of Higuera Street between Madonna Road and Marsh Street and the possible realignment of South Street to intersect with Madonna Road; and WHEREAS, the environmental impact report described the project, its setting, likely environmental consequences, and alternatives and mitigation measures which would reduce or eliminate significant impacts and WHEREAS, issues raised during the public review period have been responded to and such comments and responses will be incorporated in an appendix to the draft environmental impact report; and T,4HEREAS, the Council held public hearings on June 3 & 17, 1980, to consider the environmental impact report, at which testimony was offered and considered; and the Council concluded the environmental impact report was sufficiently accurate and complete to allow informed decisions on the project it self. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Environmental Impact Report for the Higuera Street widening /South Street Realignment Project is certified as conforming with the California Environmental Quality Act, the Guidelines of the California Resources Agency, and the City's Environmental Impact Procedures and Guidelines;; 2. The Public Services Department shall publish a Final Environmental Impact Report to be a permanent part of the public record and to be used in the detailed design, construction, operation, and maintenance of the project; 3. Staff shall file the necessary notices as required by state and city guidelines upon project approval. R 4192 Resolution No. 4192 (1980 Series) On motion of Councilman Munger ,seconded by Councilman_Dunin , and on the following roll call vote: AYES: Councilmembers Munger, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted tl 24th day of ATTEST: CITY C FITZPATRICK APPROVED: Ci djeinistrative Officer Cit Attorney O'ity En7! er -2- 1980. RESOLUTION NO. 4191(1980 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL APPROVING A TWELVE -MONTH TIME EXTENSION FOR MINOR SUB- DIVISION 79 -096 l ,-� A LV-/<, WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final map, and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW THEREFORE the City Council resolves as follows: The Minor Subdivision 79 -096 is granted a twelve -month time extension to June 19, 1981, subject to original parcel map conditions as specifie&iin City Council Resolution No. 3879 attached hereto. On motion of Councilman Bond , seconded by Councilman Munger and on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17t$ay of June , 1980. ATTEST: Ci e c .•F zpatrick R 4191 Resolution No.4191 30 Series) Minor Subdivision 79=096 Page 2 APPROVED: City dm' s ive Officer City Attorney 4iW4 ?;A� Community D I velopmenta Director Ar RESOLUTION NO.4190(1980 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL APPROVING A TWEL`v'E4iONTH TIME EXTENSION FOR MINOR SUBDIVISION 79 -094 4 �� ;/� WHEREAS the Subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW THEREFORE the City Council resolves as follows: That Minor-Subdivision 79 -094 is granted a twelve -month time extension to June 19, 1981, subject to original parcel map conditions as specified in City Council Resolution No. 3878 attached hereto. On motion of Councilman Dunin ,seconded by Councilwoman Billig and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 17thay of June , 1980. ATTEST: 111NIF MR R 419.0 r Resolution No. 4190 (1980 Series) Minor Subdivision .79-094 Page 2 Approved: Citk_WinI9tfafive Officer City Attorney Community fvelopmej Director RESOLUTION NO. 4189(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -67, LOCATED AT 178 STENNER''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. 80 -67 and the Planning Commission's recommendations, staff recommendations and reports thereof, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of develop- ment which is permitted by the R -4 zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through or use of property within the proposed subdivisions. 5. The negative declaration approved by the Community Development Director for the project is appropriate. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -67 be subject to the following conditions: 1. Subdivider shall grant a 6 -foot public utilities easement along street frontage.-of property. ' 2. Subdivider shall grant a blanket easement over the common lot area, except under structures, for public utilities serving the site. 3. Subdivider shall provide individually metered water service to each unit. Meters shall be located at the property frontage to approval of the Public Services Department. 4. All on -site sewer lines shall be privately owned and maintained. 5. Private driveway shall be designed with minimum Traffic Index of 4.0. 6. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &Rs shall contain the following provisions: A. A homeowners association to enforce the CC &R's and provide for pro- fessional, perpetual maintenance of all common areas including lands- caping, building exteriors, private driveways, private utilities, lighting, walls, fences, etc., in first class condition; homeowners association shall maintain area within the street right -of -ways between back of sidewalk and front property line. R 4189 Resolution No. 4189(1980 Series) Minor Subdivision 80 -67 Page 2 B. Grant to the City of San Luis Obispo the right to maintain common area and building exteriors if the homeowners association fails to perform, and assess the homeowners association for expenses incurred. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places. E. No.outside storage of boats, campers, motorhomes and trailers nor long -term storage of inoperable vehicles: F. No outside storage by individual units except in designated storage areas. G. Homeowners association to provide for maintenance and repair of private sewer lines. H. No change in city- required provisions of CC &R's without prior City Council approval. 7. Units shall be numbered and addressed to the approval of the Community Develop- ment Department. 8. Subdivider shall contribute $375 to the city prior to final map approval for a share of sewer line construction needed to correct deficient service to the site. On motion of Councilman Dunin , seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed anc 1980. FAWID&W jwgiiz City erk •H. Fitzpatrick j � I Resolution No. (1980 Series) Minor Subdivision 80 -67 Page 3 ►,11"RiyUDIA 7 C strative fficer City Attorney 46�kM4 Community De elopment rector., i �t i RESOLUTION No. 4188(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -33, LOCATED AT 3190, 3196, and 3230 SOUTH HIGUERA 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. 80 -33 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: L. 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 PF -S 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. 5. The project is categorically exempt from environmental review requirements. On motion of Councilman Dunin seconded by Councilwoman Billig , and on the following roll call vote: AYES: Council members Dunin, Billg, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and 1980. ATTEST: Cit eiZ J.H. Fitzpatrick this 17thday of June , R: R 4188 Resolution No. (1980 Series) Minor Subdivision 80 -33 Page 2 APPROVED: i 'Administrative Officer Ax��- City Attorney Community D elopment 13 irector RESOLUTION NO. 4187 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SUBMISSION OF AN APPLICATION FOR FEDERAL ASSISTANCE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING THE MAYOR TO SIGN SAME BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves the preparation and submission to the Department of Housing and Urban Development of an application for federal assistance for a community development block grant in accordance with the program as set forth in a copy filed in the office of the Community Development Department and attached as Exhibit A. SECTION 2. The Mayor is hereby authorized to sign said application and other necessary documents on behalf of the city. On motion of Councilman Dunin , seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Dun n, Billig, Bond an-d- Munger._ - NOES: Mayor Cooper ABSENT: None the foregoing Resolution was passed and adopte 6 s 17th day of June 1980. ATTEST: Fla CITZPMERK J.H. FITZPATRIC K Approved: st±Wtive Officer City Attorney R 4187 Director of =unity Z elopment 61149 Anaroval No. 29-R0219 424 -101 preapn2ed by GSA. Feasroi manpaamens r;vcuar ra-r Im FEDERAL ASSISTANCE 2. APPLI• a. NUMBER .3. STATE APPLICA- A. NUMBER cANrs APPLI• TION IDEUTI- 1. r. PE PRFAPPLICA'IO:i ❑ b. DATE Year month day b. DATE Year month day OF ACTION APKICATION CATION 19 FIZR ASSIGNED 19 Leave (Afnrk ay- ❑ N3nF:r1:T:0N CF :NTO (00.) ox) REPORT OF FEDERAL ACTION I drank 4. LEGAL APPLIC6,NTiRECIPIENT 5. FEDERAL EMPLOYER IDENTIFICATION NO. 95- 6000 -781 a. Applicant Name : City of San Luis Obispo : b. Organization unit : Community Development Department 5. o. NUMBLit a. Strand/P.Q. But : 990 Palm St. , P.L. Box 321 My cIAM t•D d. city X San Luis Obispo e' p ;;dram Small Cities Progr I. state a.Zl ?Coda: 93401 California (Non Metropolitan) °• Parana (.Jame Henry n en Y 9 (805) 541 -1000 ex. 40 j comaa) e te4p)aoae Na.) & cats ' & TYPE CF APPLICANT /RECIPIENT 0 7. TITLE AND DESCRIPTION OF APPLICANTS PROJECT A-, ale H- Cormunity Action Agency I - Educational ]as 4tutinn Downtown Housing Conservation Program: The city Y Substat' Indian ribs CrDlstncto 1- Indian Tribe a - and the San Luis Obispo Housing Authority want to Dlatnct N -Other (Spactify): E�o°n "'y set up a rehabilitation loan fund. The fund woul JJ,,F SOm,a'I P'l-tripox 4ta be made available to landlords of older housing District Enter appropriate Leiter E TYPE OF ASSISTANCE in the city's Central Business District. In returmD• for loans , landlords would rent their housing A-Baaie Grant D- Insurance B- sutplemaaal Grant E -other Enter apyro- units to low and moderate income ere le or C-Loan priats tatter(s) 10. AREA OF PROJECT IMPACT (Names of cities, counties. 1L ESTIMATED NUM- SER OF PERECINS LL TYPE OF APPLICATION A-Naw C- Revision E- Augm", Lion Stc:a, Etc.) San Luis Obis P o SENEFI i!Nv B- Irene :•al D- C °ntinutCan Eater appropria :a letter A San Luis Obispo, California 232 1 I& PROPOSED FUNDING 14. CONGRESSIONAL DISTRICTS OF: 15. TYPE OF CHANGE (For 120 or 126) F: Immns DollEM F-0ther (Specify): a. FEDERAL S , D0 .00 °• APPLICANT 16 0. PROJECT 1 6 B- Decresco Dollars C- Incrane Duration NA b. APPLiOANT .CO D- Owe :sa Orutian E- Cencsllation a STATE .00 1& PROJECT START DATE Year mortih day 17. PROJECT DUR I Enter appra- Ic!mr(ei d. LCGLL .CO 39 3b :Jon'.e 30 I prfate 18. ESTIMATED DATE TO Year month day T19. EXISTING FEDEP9L IDENTIFICATION NUMBER a OTHER ,00 FEDERAL AGENCY > 1980 7 1 B -80- - - I. TOTAL S •� " 20. FEDERAL AGENCY TO RECEIVE REQUEST (Name, City, State. ZIP wade) 2L REMARKS ADDED HUD, Los Angeles, CA 90057 22. o. To the best at my knswledgs and belief, b. If Circular IproGr:ct J: rirg�croses and alsubmitted, es;naa are attached: apanae attached &is in this preoppiicatloa /sppllcation an cVuUana thaNn.Bm � �Ca Y THE APPLICANT true and ou, the dda®ent hss been duly authorized by the gweming body of (1) State of California Clearinghouse CERTIFIES the applicant and the apPlicIM will 0101111y 1--1 t--t 1, THAT R. with the attached assrranea If the aaaht- San Luis D s o C. Council of Gov'ts ©J ❑ anca is epproaod. CD p, 23. a. 11FED NAME AND TITLE 0. S1 a DATE SIGNED Year month day CERTIFYING REPRE• Lynn R. Cooper, yor Ma 19 SENTATIVE 24. AGENCY NAME TION PLICA• Year mouth day RECEIVED 19 25. ORGANIZATIONAL UNIT ADMlNISTP.Arivc oFrict 23. IDENTIFICATION L PPLI "CN R a 29. ADDRESS 30• IDENTIFICATION 31. ACTION TAKEN 3E FUNDING Year month day 34. Year month day STARTING j 13 a. AMARD:O a. FEDERAL I .00 33. AC.!O_N_OA_TE D i9 DATE 19 E3 d REJECTED b. APPLIiJAT ,CO 35. CONTACT 10R A^i.:IT10NAL INFORMA- 36. Year month day TION (Ar7.ae and telephone number) ENDING E3 a RETURNED FOR c. STATE .00 DATE 19 - AkE.tiDMRTT d. LOCAL .00 37. REMARKS ADDED d. DEFERRED a. MER AO g D a WITH. 1. TOTAL $ .00 ❑ yes ONO 30. a. In taking store act ion, any cocmran s received from cfearinehoEaos were mn. 0. FEDERAL AGENCY A-95 OFFICIAL a :1 :ref. If agaft" response h due under prunsiom of PaR 1, UMB Circular A-SS. (Na.na and lateyhoara are.) FEDERAL AG0!CY A in been es is Wing made "S ACTION arannaPn mau aft PAGE ] ltD..79 424 -101 preapn2ed by GSA. Feasroi manpaamens r;vcuar ra-r Im 1• T Y mow' a SECTION IV—REMARKS (Please reference the proper item rumbcr front Sections 1,11 or III, if applicable) 22b. (1) 15 copies of a Notice of Exemption, one copy of the application and one completed copy of form 424 has been submitted to the state clearinghouse on June 18. 19 So for a 30 -day review according to A -95 procedures. (2) The city has submitted a copy of the grant application to the San Luis Obispo County Council of Governments. The review of the application has been scheduled for u 17, 19 o. Preliminary comments from the director of that agency Ps. Norma Dengler) are attached. STANDARD FORM 424 PAGE 2 (10 -75) Y.i.- l Syr. 4 -- =1 s �a h r U.S. Department of Housing and Urban Development Community Development Block Grant Small Cities Program Assurances The applicant hereby assures and certifies that: (a) It possesses legal authority to apply for the grant, and to execute the proposed program. (b) Its governing body has duly adopted or passed as an official act a reso- lution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional informa- tion as may be required. (c) It has complied with all the requirements of OMB Circular No. A -95 as modified by 24 CFR 570.435 and that either: (1) Any comments and recommendations made by or through clearinghouses are attached and have been considered prior to submission of the application; or (2) The required procedures have been followed and no comments or recc mienda- tions have been received. (d) If an applicant is submitting an applic @tion for a Small Cities Compre- hensive Grant, the applicant has: (1) Prepared a written citizen participation plan, which: (i) Provides an opportunity for citizens to participate in the development of the application, encourages the submission of views an proposals, particularly by residents of blighted neighborhoods and citizens of for and moderate- income, provides for timely responses to the proposals submitted, and schedules hearings at times and locations which permit broad participation; (ii) Provides citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program require - mmrents; (iii) Provides for public hearings to obtain the views of citizens on comer nity development and housing needs; and (iv) Provides citizens with an opportunity to submit comswnts concerning the community development performance of the applicant. (2) Followed this plan in a manner to achieve full participation of citizens in development of the application. The applicant shall also follow this plan to achieve full citizen participation in all other stages of the program. If the applicant is submitting an application for a Small Cities Single Purpose Grant, the applicant: (1) Has prepared and followed a written citizen participation plan that meets the requirements of 24 CFR 570.431(c), and shall follow this plan to achieve full Participation in all stages of the program; 1 HUD -70SS -�--�- ---�- =� �..r --- - =ter -_ _-�.- ,_.:_ -- - - . -.__�. _ . --ar -• - - (2) Has provided citizens with an opportunity to participate in the determi- nation of priorities in community development and housing needs; (3) Has provided adequate notices of public hearings as required by the w written plan; (4) Has held hearings on the proposed application before adoption of a reso- lution or similar action by the local governing body authorizing the filing of F the application; (5) Will provide for citizen participation when considering amendments to the Cammmity Development Program and the Housing Assistance Plan; and (6) Will provide for citizen participation in the planning, implementation and assessment of the Community Development Program including the development of the Grantee Performance Report and the submission of views to the HUD Area Office. (e) Its chief executive officer or other officer of applicant approved by (1) Consents to assume the status of a responsible Federal official under the = National Environmental Policy Act of 1969 insofar as the provisions of such Act apply to 24 CFR 570; '-' (2) Is authorized and consents on behalf of the applicant and himself to - accept the jurisdiction of the Federal courts for the purpose of enforcement of -. his responsibilities as such an official. (f) The Community Development Program has been developed so as to give maxi- : mmn feasible priority to activities which will benefit low - and moderate -inc=e families or aid in the prevention or elimination of slims or blight. =.y (The requirement for this certification will not preclude the Secretary from approving an application where the applicant certifies, and the Secretary deter - " <: mines, that all or part of the Community Development Program activities are a designed to meet other community development needs having a particular urgency y. as specifically explained in the application in accordance with $570.302(f).] -i (g) It will cooly with the regulations, policies, guidelines and require- ments of OMB Circular No. A -102, Revised, and Federal Manacement Circular 74 -4 as they relate to the application, acceptance, and use of Federal funds under this Part. (h) It will administer and enforce the labor standards requirements set forth in 5570.605 and HUD regulations issued to implement such requirements. (i) It will ccrmly with all requirements imposed by HUD concerning special requirements of law, program requirements, and other administrative requirements, approved in accordance with OPS Circular No. A -102, Revised. (j) It will comply with the provisions of Executive Order 11296, relating to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water,pollution. (k) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "American Standard.Specifications for Making Buildings and Facilities accessible to, and Usable by, the Physically Handicapp- ed, ",Number A- 117.1 -P 1971, subject to the exceptions contained in 41 CFR 101- 19.604. The applicant will be responsible for conductinc inspections to insure compliance with these specifications by the contractor. HUD -7088 V; _.ir 'fix— i�Twr v__ _ _ ._. .,a�_e. �_ �_ ti.r . r.:. _ - �3'.••�tl.ia,�J.+� — --� 1r_ i�rA'6v a.a�iwr'.../t. - ..e. .�. - .. ........ —.... _. '... _:...�_.0 .... ...• - ..ar..... .r.. .. a ... ter. .. .- ._ti... « -_�.. ;=rte lr � s —Y: 4. .I VLa ) (1) It will co ply with: (1) Title VI of the Civil Rights Act of 1964 (Pub. L. 88 -352), and the.regu- lation_ issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise sub- jected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure there- on is provided or irproved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. (2) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90 -284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing; and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services. (3) Section 109 of the Housing and Ca;munity Development Act of 1974, and the regulations issued pursuant thereto (24 CFR Part 570.601), which provides that no person in the United States shall, on the orounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination under, arry prograir or activity funded in whole or in part with funds provided under this Part. (4) Executive Order 11063 on equal opportunity in housing and nondiscrimina- tion in the sale or rental of housing built with Federal assistance. (5) Executive Order 11246, and the regulations issued pursuant thereto (24 CFR Part 130 and 41 CFR Chapter 60), and Section 4(b) of the Grant Agreement, which provides that no person shall be discriminated egairst on the basis of race, color, religion, sex or national origin in all phases of employment during the rerforrance of Federal of federally assisted construction contracts. Contractors and subcontractors on Federal and federally assisted construction contracts shall take affirmative action to insure fair treatment in e.^ployment, upgrading, demo- tion, or transfer; recruitment or recruitment advertising; layoff or termination., rates of pay or other forms of compensation and selection for training and auorenticeshin. (m) It will coreiv with Section 3 of the Housing and Urban Development Act of 1968, as aronded, requiring that to the greatest extent feasible opportunities for training and emplo mwnt be given to lower- income residents of the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. (n) It will: (1) To the greatest extent practicable under State law, comply with Sections 301 and 3C2 of Title III (Uniform Real Property Acquisition Policy) of the Uni- form Relocation Assistance and Real Property Acquisition Policies Act of 1970 and will cont;ly with Sections 303 and 304 of Title III, and HUD implementing instrno- tions at 2i CFR Part 42; and (2) Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations at 24 CF? Part 42 and 5570.602(b). (0) It will: (1) Con:ly with Title II (Uniform Relocation Assistance) of the Uniform Relo- cation. Assistance and Real Property Acquisition Policies Act of 1970 and mD 3 HUD -7085 a--- '^' - -_ ..ate _'�"a ^�--- _.•.'..i'y''_ _ a.°.°;" •'a �. •` .�.. �•"3° � 'r�i °,.��. cam..: � " .r�iL-- .+.,�5'tr.E._"_3 ""."�..3ds..."' - "' .,.nr� _. _. _ ........ ... ... irmlementinq regulations at 24 CFP Part 42 and S570.602(a); (2) Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity assisted under the Community Development Block Grant program. Such pay:ronts and assistance shall be provided in a fair and consistent and equitable rarner that insures that the relocation process does not result in different or separate treatment of such persons on account of race, color, religion, national origin, sex, or source of income; (3) Assure that, within a reasonable period of time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced familier and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or source of income; and (4) Inform affected persons of the relocation assistance, policies and proce- dures set forth in the regulations at 24 CFR Part 42 and S570.602(a). (p) It will establish safeguards to prohibit erployees from using positions for a ouroose that is or qives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (q) It will comply with the provisions of the Hatch Act which limits the political activity of employees. (r) It will give HUD and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers, or documents related to the grant. (s) It will insure that the facilities under it: ownership, lease or supervi- sion which shall be utilized in the accanplish:rent of the program are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and - that it will notify HUD of the receipt of any ca- m—unication from the Director of the EPA Office of Federal Activities indicating that_ a facility to be used in the project is under consideration for listing by the EPA. -� _- w (t) It will comply with the flood insurance purchase reirements of Section 102(a) of the Flood Disaster Protection Act of 1973. Pub. L. 93 -234, 87 Stat. µ 975, approved December 31, 1973. Section 103(a; recuired, on and after March 2, 1974, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of an•+ Federal financial assistance for .a construction or acquisition purposes for use ir, any area, that has been identi- fied by the Secretary of the Derzrt.^.ment of Bousinc and Urban Development as an area having special flood hazards. The phrase *- �deral financial assistance" includes anv form of loan, grant, guaranty, ins.:r_nce payment, rebate, subsidy, " disaster assistance loan or grant, or any other for of direct or indirect Federal assistance. Y—' (u) It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation. Act of 1966 (16 U.S.C. 470), Executive Order 11593, and the Preservation of Arcneolcgical and •distorical Data Act of 1966 (16 -- a U.S.C. 469a -1, et. sea.) by c (1) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Register of His- toric Places that are subject to adverse effects (see 36 CFR Part 800.8) by t_he proposed activity, and (2) effects with all regpir =ments established by HUD to avoid or mitigate adverse upon such properties. HUD -7088 .) -1, 4 GPO 931 -590 The foregoing assurances required by the U. S. Department of Housing and Urban Development as part of the City's Community Development Block Grant Application are made by the.San Luis Obispo City Council. ATTEST: CI ErK J.H. FITZPATRICK SMALL CITIES APPLICATION CITIZEN PARTICIPATION ASSURANCES The applicant hereby assures and certifies that prior to submission of its application, it has: (1) Prepared a written citizen participation plan describing the method by which the criteria of 24 CFR 570.431(c) will be met; (2) Followed such plan in developing its application; (3) Provided citizens with the information required by 24 CFR 570.431(d) (1) (i); and (4) Held public hearings to obtain the views and proposals of citizens with regard to the determination of priorities and community development and housing needs. Date: June 17, 1980 Lynn R. Cooper Name, printed or typed Mayor Title (to be signed by same officer of applicant signing SF -424) y ti_ June 18, 1980 Mr. J. P. Sabella Acting Area Manager U. S. Dept. HUD 2500 Wilshire Blvd. Los Angeles, CA 90057 Attn: Mack Hopkins Dear Mr. Sabella: i 1 OFFICE OF THE MAYOR Post Office Box 321 • San Luis Obispo, CA 93406. 805/543 -7150 The City of San Luis Obispo hereby submits an application for the 1980 Small Cities Block Grant Program. our application asks the federal government for $350,000 to help carry out a "Downtown Housing Conservation Program." In the past year it has become evident to us that the city should help preserve housing downtown. This city's central business district is a vital part of the community. Business has been.good for downtown merchants. With a limited amount of vacant land and floor space available, some landlords in the CBD want to convert older low -rent housing units to offices or stores. This would displace senior citizens and low- income people who live downtown and benefit from the closeness of stores and public facilities. Our proposal is to set up a rehabilitation loan fund. Downtown landlords could receive grants or loans from this fund.and fix up their housing units. In return, they would agree to rent the units to low- income people and senior citizens. Our city feels that this type of program is important to the welfare of downtown residents and can benefit the downtown economy as well.. We hope that your agency will seriously consider the merits of our program and approve our formal application. If you have any questions about the attached materials feel free to call our Community Development Director, Henry Engen, at (805 541 -1000, ext. 40. R. ooper Mayor LRC: TS: 1p Enclosures RESOLUTION N0.•4186 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND JOSEPH LOPEZ FOR MR. LOPEZ TO PURCHASE FOR $1000 (AND REMOVE) THE STRUCTURE ON ASSESSOR'S PARCEL NO. 01- 205 -12- RECORDER'S LOT 4 of BLOCK 28. �o.?o uJfiL tiuT 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 Joseph Lopez 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: Joseph Lopez, City of SLO Police Chief 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 17th day of June 19 80. ATTEST: CITY itzpatrick R 4186 Ai'MVED: City Administra icer City AttoriSey 4 Police ChQj F I u � A G R E E M E N T REMOVAL OF STRUCTURE TIiIS AGREEMENT, made and entered into this _17th day of June 1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of California (hereinafter, "City ") and JOSEPH LOPEZ (hereinafter, "Buyer ".), WITNESSETH WHEREAS, City owns a parcel of land (Assessor's Parcel No.-01- 205 -12; Recorder's Lot 4 of Block 28, City of San Luis Obispo) At 1020 Walnut Street, San Luis Obispo; and WHEREAS, City desires that the structure on the parcel — a 30' by 70' house -- be removed to accommodate improvements to City's police facilities contiguous to the parcel; and WHEREAS, Buyer has offered City $1000 for the structure and, further, Buyer is willing to move the structure from the parcel; and WHEREAS, City desires to accept Buyers offer to 1) purchase the structure and 2) move the structure from the parcel, on terms and conditions as hereinafter set out; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained., the parties hereto agree as follows: 1. City agrees to sell and Buyer agrees to purchase the aforedescribed structure, As is, for the total purchase price of One Thousand Dollars ($1000). 2. The parties agree that the structure shall be removed from the aforementioned parcel within 45 days following the date of this Agreement. It is anticipated that the removal will not involve material harm to the parcel. However, in the event any harm is caused, whether material or not, Buyer agrees to restore the land or pay City in damages the actual or estimates cost of such restoration. 3. Buyer agrees to engage a qualified, licensed structure moving company to move the structure from the premises to another site in southern San Luis Obispo County. Buyer shall be responsible for obtaining, at his own expense, all permits, license and other entitlements from state, county and local governments (including City) to allow the removal and transport of the structure. Buyer shall furnish City with copies of all such duly issued permits, licenses and other entitlements prior to removing and transporting the structure. 4. Buyer acknowledges that prior to signing this Agreement he has fully examined the structure. 5. City makes no warranty or guarantee of the structure or the materials of which it is constructed; City makes no warranty or guarantee of the fitness for any purpose of the structure or the materials of which it is constructed. 6. This Agreement is for the purchase and removal of the structure only. City shall remove all unfixed contents pridr to removal; provided, that anyyunfixed`- contents remaining at the time of commencement of removal of the structure shall be the property of Buyer, to be disposed of or used as he will. IN WITNESS WHEREOF, the parties hereto have executed this lease on the date first written above. Attest: 3/114. FITZPATRICK CITY CLERK J..H. Fitzpatrick -2- CITY OF SAN LUIS OBISPO By: s /LYNN R. COOPER MAYOR Lynn R. Cooper JOSEPH LOPEZ RESOLUTION N0. 4185 (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 authorises the Mayor to sign a contract on behalf of the City for the following: PROJECT: JOHNSON AVENUE WIDENING ESTIMATE: $42,730 (w /o contingencies) BIDDER: WALTER BROS. CONSTRUCTION CITY PLAN NO: D -18 BUDGET ACCOUNT: 20- 4871 -D18 21- 4871 -D18 BID AMOUNT: $46,052.00 SECTION 2. That the City Clerk is directed to prepare the appropriate . documents for signature by the successful bidder and the Mayor. On motion of Councilman Dunin , seconded by Co Mr;lwoman R;11;g and on the following roll call vote: AYES: Councilmembers Diinin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted -this jth day of .1;,,,P , 1980. ATTEST: AaamgtF!� - CITY CL FITZPATRICK APPROVED: City Administrative Officer City Attorney 2 Fin Dir for R 4185 RESOLUTION NO.4184 (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: ORCUTT ROAD WIDENING & CULVERT EXTENSION ESTIMATE: $82,3400.00 w/o contigencies BIDDER: R. BURKE CORPORATION CITY PLAN NO: D -01 BUDGET ACCOUNT: 20- 4871 -DO1 40= 4871 -DO1 BID AMOUNT: $66,773.00 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 Billie ., seconded by _Councilman Munger , and on the following roll call vote: AYES: Councilmembers Billig, Munger, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this. 17th day of Jana , 1980. ATTEST: CI � J.H. FITZPATRICK APPROVED: City Administrative Officer City Atto ey Fin a Director R 4184 RESOLUTION NO. 418 1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING CONSTRUCTION OF MISSION STYLE SIDEWALKS IN THE CORE OF DOWNTOWN, AND AUTHORIZING CONTRIBUTION OF CITY FUNDS TO SUCH CONSTRUCTION. WHEREAS, the City intends to require that all new sidewalks in the core of downtown be constructed as Mission- style sidewalks; and WHEREAS, this Council finds that both a public purpose and a municipal purpose would be served by the contribution of City funds to encourage the construction of Mission -style sidewalks in said area. NOW, THEREFORE,BE IT-RESOLU'E11 by the Council of the City of San Luis Obispo as follows: 1. All new or reconstructed sidewalks in the core of downtown as set forth graphically upon Exhibit "A" map, attached hereto and thereby incorporated herein, shall be constructed to the City's specifications for Mission -style sidewalks. Copies of said specifications shall be maintained on file for public use in the Offices of Public Services and Community Development. 2. To encourage new sidewalk; construction in said area, the City will contribute to said construction at a rate per square foot as determined by the Director of Public Services. Said contribution shall be based on the increased 4�_Y, cost between a standard sidewalk installation and the Mission Plaza -style installa- tion as determined by a survey or bids obtained by the Public Services Director. 3. Resolution No. 2715 (1975 Series) and Resolution No. 3933 (1979 Series) hereby are rescinded. On motion of Councilman Bond and on the following roll call vote: seconded by Councilwoman Billig AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None R 4183 7 Resolution No. -2- (1980 Series) the foregoing Resolution was passed and adopted this 17th day of June 1980. ATTEST: T. . FIT PATRICK, CITY CLERK APPROVED: m istrative Officer City Attorney ��37�ZD/d4 Public Services Director 'v 'nn P� EXHIBIT "Au AFFECTED AREA I I ON@ O O V7 Z 2 O � w D O m O A D 0 a 0 N MONTEREY ST. ____ R 6fiRfl£N a Lm p0 RSM ST. C C C C C I y ;i � Aa a 3 n A S PISA10 ST. L---J L C I3UCHOY ST. Ll L--j L LT P F: F:: /RESOLUTION NO. 4182 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ERNST & WHINNEY FOR AUDITING SERVICES FOR FISCAL YEAR 1979 -80 FOR THE CITY AND CENTRAL COAST CITIES SELF- INSURANCE FUND, A JOINT POWERS AGENCY 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 Ernest & Whiney. 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: Ernst & Whinney, City Finance Director On motion of Councilman Dunin , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Billig, Munger and Mayor Cooper NOES: None ABSENT: None The foregoing Resolution was passed 1980. ATTEST: CI ERK -J.H. FITZPATRICK and adopted May R L I R 4182 APPROVED: City ins ative fficer ziiAi��4-n City Attorney AUDIT CONTRACT AGREEMENT FOR AUDITING SERVICES-- This agreement made and entered into this 1st day of July, 1980, between the CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO., CALIFORNIA, herein called "CITY" and ERNST AND WHINNEY, 1180 EAST SHAW AVENUE, FRESNO, CALIFORNIA 93701, herein called the "AUDITOR ". PARTIES WHEREAS, City and Auditor entered into an agreement dated September 1, 1978 wherein Auditor agreed to provide auditing services to City for a period of three fiscal years beginning July 1, 1977 on terms and conditions as set out in that agreement; and i WHEREAS, City and Auditor now desire to enter into a new and superseding agreement for audit services for the last of the fiscal years covered by the previous agreement, i.e., fiscal year 1979 -80; and WHEREAS, it is the intention of the City to provide for the examination of its financial statements in accordance with provisions of Section 810 of the City Charter. WHEREAS, the Auditor is a firm of Certified Public Accountants, duly authorized to practice and licensed as such by the California State Board of Accountancy and experienced in City and Special District auditing. AUDIT PROCEDURES AND SCOPE THEREFORE, in consideration of the mutual covenants, conditions and promises hereinafter contained, the City hereby engages Auditor, and Auditor hereby agrees to examine the financial records of the City and prepare and deliver audited financial statements of all funds of the City. It is understood that the services performed by the Auditor are in the capacity of an independent contractor and not as an officer, agent,. or employee of the•City. The examination shall be -1- i , made in accordance with generally accepted auditing standards and accordingly shall include such tests of the accounting records and such other auditing procedures as the Auditor considers necessary in the circumstances in order to allow for the expression of an opinion on the financial statements of all funds of the City. It is understood that such procedures are not designed primarily to dis- close defalcations or other irregularities. RECOMMENDATIONS FOR INTERNAL CONTROL Auditor shall observe the adequacy of the system of internal control and if weaknesses are noted, make appropriate recommendations. Auditor's comments shall be included in a separate letter to be issued as soon as possible after the conclusion of the examination. PERIOD COVERED BY AGREEMENT This agreement shall cover the audit of one (1) fiscal year, beginning July 1, 1979, i.e., fiscal year 1979 -80. COMPLETION OF AUDIT REPORT In accordance with the provisions of Section 810 of the City Charter, Auditor shall submit a copy of the final audit and report to the Council, the City Clerk, the City Treasurer,. the City Finance Director, the City Administrative .Officer and the City Attorney, as soon as possible after the examination has been completed. Three additional copies shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. Subject to the availability of the records by the City, the report will be delivered within 90 days from the close of the City's fiscal year.. CONSIDERATION Said auditing services will be performed by qualified persons. Fees for services rendered may be billed as work progresses, but not more than once a month. Such fees shall be paid promptly by the City. -2- The total payment to the Auditor for services and expenses rendered under this Agreement shall be $22,000. The fee for service will be distributed between the City's General Fund, Water Utility and Sewer Utility and the trust and agency funds established by the City on behalf of the Whale Rock Commission, the Central Coast Cities Self- Insurance Joint Powers Authority and the North Coastal Transit Authority. This distribution will be based upon the identifiable time and expense incurred in auditing these separate funds. The maximum annual fee stipulated above contemplates that conditions satisfactory to the normal progress and completion of the examination will be encountered and that City accounting personnel will furnish the agreed upon assistance in connection with the preparation of the necessary detail.schedules and the production of documents for Auditor's inspection. However, if Auditor feels unusual circumstances are encountered which make it necessary for.Auditor to do additional work, Auditor shall report such conditions immediately to the responsible City officials, and if both parties agree that circumstances are unusual, they may negotiate such additional compensation as appears justified. EXTRAORDINARY SERVICES It is contemplated that from time to time the City may wish Auditor to .perform accounting and auditing services in addition to those which are usual and customary in making an examination of the financial statements of the City. Also, if Auditor feels unusual circumstances are encountered which make it necessary for Auditor to do additional work, Auditor shall report such con- ditions immediately to the responsible City officials, and if both partie "s agree that circumstances are unusual, they may negotiate for additional professional services. In either event, Auditor shall be compensated for any such services performed which are validly authorized at their normal hourly rates in effect at that time. However, if such additional services require the expertise of consultants, Auditor and City may negotiate separate rates and estimated fees for the work completed. -3- FORMER AGREEMENT SUPERSEDED That,xertain agreement referred to above dated September 1, 1978, hereby is superseded and is of no further force and effect. In witness whereof, the parties hereto have signed this agreement as of the day and year herein first above written. DATE: �i l/G'� /8� /9go ERNST & WHINNEY ATTEST: CLERK t� -4- CITY OF SAN LUIS OBISPO City of San Luis Obispo Audit Timing Year Ended June 30, 1980 Date Planning, Systems Documentation, Controls Review and Receivable Confirmation 6/11 -17 Circularize Year -End Confirmations 7/3 Tests of Transactions, and EDP Review 7/14 -18 Year -End Field Work 9/2 -19 Review Pencil Draft of State- ments and Management Letter 9/19 Deliver Final Statements and Management Letter 9/29 E &W Staff Cover, Neely Neely Kanesaki, Neely Staff Neely, Jackson, Kanesaki, Staff Cover, Kanesaki i i RESOLUTION NO. 4181 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BET'ATEEIi THE CITY AND SANTA LUCIA AREA COUNCIL, INC., BOY SCOUTS OF A11TRICA-FOR CITY TO CONTRIBUTE $500 IN EXCHANGE FOR COMMUNITY SERVICES PERFORMED BY THE EXPLORERS. 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 Santa Lucia Area Council, Inc., Boy Scouts of America 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: Santa Lucia Area Council, Inc., Boy Scouts of America; Finance Director On motion of Councilman Munger seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Munger, Bond, Dunin and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 3rd day of June , 19 80. ATTEST: CITY .H. FITZPATRICK R 4181 At' r ROVED : City Admin r t Office City Attorney Fin-an 'I "� e AG RE EDTEN T Santa Lucia Area Council, Inc. Boy Scouts of America THIS AGREEMENT, made and entered into this 9 day of T%1'^C 1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation (referred to herein as "City "), and SANTA LUCIA AREA COUNCIL, INC., BOY SCOUTS OF A1ERICA, a non - profit corp. (referred to herein as "Explorers ") ; WITNESSETH WHEREAS, Explorers have requested City to contribute $500 to Explorers to assist in defraying the expense of sending a contingent of the Explorers to the National Explorers Olympics in Ft. Collins, Colorado in the summer of 1980; and WHEREAS, the City desires to contribute $500 for that purpose; and WHEREAS, in exchange for this contribution, Explorers are willing to provide City with certain community services; NOW, THEREFORE, City and Explorers, for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. City agrees to pay Explorers the total sum of Five Hundred Dollars ($500) for defraying the expense of sending the Explorers to the National Explorers Olympics in Ft. Collins, Colorado in the summer of 1980. 2. on or before June 30, 1981, Explorers agree to provide 100 hours of community service work to be arranged by mutual agreement of Explorers and City staff. 3. Explorers and all of its agents, representatives and participants in any manner in the performance of Explorers' obligations and duties hereunder, shall not for any purposes be considered employees or agents of the City. 4. Explorers agreed to hold City harmless and to defend City against, from and in any claim action, proceeding or hearing wherein there is an allegation charging liability on the part of the City as a result of any action or omission, negligent or otherwise, of Explorers. 5. City Council may be motion terminate this agreement in its sole discretion upon 10 days written notice to Explorers. 6. For the purposes of notice under this agreement, all notices shall be considered effective upon being sent by first class mail to the following addresses: CITY: City Clerk City of San Luis. Obispo 990 Palm Street San Luis Obispo, CA 93401 EXPLORERS: Santa Lucia Area Council, Inc. Boy Scouts of America 1123 Mill Street San Luis Obispo, CA 93401 IN :dITNESS WHEREOF, the parties hereto have executed this agreement by their proper officers duly authorized. ATTEST: SUH. FITZPATRICK CITY CLERK J.H. FITZPATRICK Santa Lucia Area Council, Inc. uts of America By \ 11v Its at -(I City of San Luis Obispo By. $/LYNN R. COOPER MAYOR LYNN R. COOPER RESOLUTION NO. 4180 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN. WHEREAS, the Planning Commission and City Council have held hearings ' on proposed general plan amendments in accordance with the California Government Code and General Plan Amendment Regulations of the City; and WHEREAS, the amendments have resulted from a systematic program to maintain consistency between the General Plan and Zoning Regulations and to periodically re- evaluate general plan policies in response to changing conditions and amendment requests from citizens; and WHEREAS, the potential environmental impacts of the amendments have been evaluated and negative declarations have been granted pursuant to the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, the amendments were considered at a public hearing at the regular City Council meeting of June 3, 1980; and WHEREAS, the amendments are fully described in Exhibit A, three changes to the Land Use Element map, which is attached to and made a part of this resolution; NOW THEREFORE BE IT RESOLVED by the council of the City of San Luis Obispo as follows: 1. The Land Use Element of the general plan is amended as shown in the attached exhibit; 2. The Community Development Department shall see that these amendments are reflected in the general plan maps and publications which are on display in City Hall and which are made available to the public; 3. These amendments shall take effect thirty days from the date of adoption of this resolution; R 4180 Resolution No. 4180 (1980 Series) 4. As directed by minute order from the public hearing referenced above, the Community Development Department shall initiate the necessary proceedings to maintain consistency between the general plan and zoning. On motion of Councilman Bond , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Bond, Dunin, Munger and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 3rd day of June , 1980. ATTEST: . b 01 City k ZF.H. Fitzpatrick APPROVED: City Adm st ive Of icer City Attorney Community Dev lopment D artment drs 5/15/80 r Resolution No. 4180 (i 1 series) ! • I EXHIBIT "A" Changes to Land Use Element Map RfS/OfNT/ALN OfNS /TY S c 2 9S a 9 �Q S p �iERET GP 825 v �SIf0 /UM-Hl6 H.p ON/6N.DENS17RfS. ° 0 Off /Cf TO \ g16NDENS /TYRES /DfNT/4L GP 829 i i RESOLUTION NO.4179 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE USE PERMIT TO AMEND PREVIOUSLY APPROVED USE PERMIT FOR AN 88 -UNIT MOBILE HOME PARK EXPANSION AT 1801 PREFUMO CANYON ROAD (LAGUNA LAKE COMPANY) WHEREAS„ the developer of the mobile home park has requested an amendment to Condition 25 of a previously approved use permit to allow composition shingle roofs on mobile homes located in the park; and WHEREAS, the Planning Commission has conducted a public hearing on the requested amendment and has recommended the amendment be approved; and WHEREAS, the City Council determined that the requested amendment would improve the fire safety of the mobile home park. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Condition 25 of use permit approved in Resolution No. 3489 is amended as follows: All mobile homes in the expansion.area shall utilize zero yard setback concept, have composition shingle,,tile, wood shingle or wood shake shingle roofs -,and wood siding (or similar material approved by the Architectural Review Commission) and wood decking consistent with the applicant's plans submitted with the use permit request. On mot -ion of Councilman Dunin , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Munger and Mayor Cooper NOES: None ABSENT: I' Councilwoman Billig R 4179 ,n k v C � Resolution No. 41711980 Series) Use Permit U0850 Page 2 the foregoing resolution was passed and ATTEST: 3rdday of June , 1980. Lynn R. Coop f City eic J.H. Fitzpatrick APPROVED: City Admi ative Officer City Attorney 49=�� &A -� Community Dev lopment D' ctor 3 RESOLUTION NO.4178(1980 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL APPROVING A THREE MONTH TIME EXTENSION FOR TRACT 683 WHEREAS the subdivider requests a three month time extension to receive approval of his final map; and WHEREAS the.Planning Commission found that the request for time extension is justified, and recommends approval;.and findings; WHEREAS the City Council concurs with the Planning Commission NOW THEREFORE the City Council resolves as follows: That Tract 683 is granted a three month time extension to September 5, 1980 subject to original tentative tract map conditions as specified in City Council Resolution 3656 attached hereto. On motion of Councilman Dunin , seconded by Councilman Bond f and on the following roll call vote: AYES Councilmembers Dunin, Bond, Munger and Mayor Cooper NOES None ABSENT Councilwoman Billig the foregoing resolution was passed and ATTEST: k:`' Clerk J.H. Fitzpatrick Approved as to form: City Attorney this 3rd day of June or Lynn R. Approved as to c tent: City miprfstrative Officer mat�� &&e=— Community D T elopm Director M 4178 a E i� RESOLUTION NO. 4177(1980 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL APPROVING A TWELVE -MONTH TIME EXTENSION FOR MINOR SUBDIVISION NO. 77 -428 WHEREAS the subdivider requests a twelve -month time extension to receive approval of his:-final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and findings; WHEREAS the City Council concurs with the Planning Commission NOW THEREFORE the City Council resolves the following:. That Minor Subdivision No. 77 -428 is granted a twelve -month time extension to June 5, 1981, subject to original tentative parcel map conditions as specified' in City Council Resolution No. 3861 attached hereto. On motion of Councilman Dunin , seconded by Councilman Bond 2 and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Munger and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing resolution was passed and adop 1980. ATTEST: this 3r.d day of ,Tune '$ R. city rc J.H. Fitzpatrick Approved as to form: Approved as to content: City Attorney City Administrative Officer Community De elopm Director R 4177 '1 follows: RESOLUTION NO.4176(1980 Series) A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -45, LOCATED AT 1425 WOODSIDE DRIVE. BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That this council, after consideration of the tentative map of Minor Subdivision No. 80 -45 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 -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. 5. The negative declaration filed by the Community Development Director for this project is appropriate. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -45 be subject to the following conditions: 1. Subdivider shall install handicap access ramp in sidewalk at the northeast corner of Southwood and Woodside Drives. 2. Subdivider shall relocate required off - street parking from Parcel B to Parcel A prior to recordation of final map. Said parking shall be improved to city standards and shall consist of a minimum of 54 spaces. On motion of Councilman-Bond seconded by Councilman M,ingpr , and on the following roll call vote: AYES; Councilmembers Bond, Munger, Dunin and Mayor Cooper. NOES: None ABSENT: Councilwoman Billig R 4176 1 Resolution No. 4176(1980 Series) Minor Subdivision No. 80 -45 Page 2 the following resolution was passed and adopted this 3rd day of June , 1980. ATTEST: City Cl J.H. Fitzpatrick APPROVED: City Administrative Officer City Attorney Community De lopment rector follows: RESOLUTION N0.4175(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -42, LOCATED AT 633 AND 645 HENDERSON AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That this council, after consideration of the tentative map of Minor Subdivision No. 80 -42 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 -4 zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through or use of property within the proposed sub- division. 5. The project is categorically exempt from environmental review requirements. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -42 be subject to the following condition; 1. Final parcel map shall include the two lots presently owned by R.H. Horn with the lot line between Lots 14 and 15 of Block 35 of Phillips Syndicate Tract removed and both lots combined into one lot. On motion dCouncilman Dunin , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Dunin, Bond, Munger and Mayor Cooper NOES: None ABSENT: Councilwoman Billig R 4175 01 IC Resolution No. 4171980 Series) Minor Subdivision 80 -42 Page 2 the foregoing resolution was passed and adopted this 3rd day of June , 1980. ATTEST: W4 r g$�K Clerk J.H. Fitzpatrick APPROVED: City Administrative Officer /Iqzn� City Attorney Community D elopme t Director Recording Requested By: CITY OF SAN LUIS OBISP0 ` When Recorded Please Return To: CITY CLEMS OFFICE City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93401 4PN PTN v� s -[^ ' M1 z.�� .9� 1�, 4252, .00GQ DOC. NO. 23560. OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL JUN 10 1980 WILLIAM E. ZIMARK COUNTY RECORDER RESOLUTION NO 4174 (1980 Series) -nME 3 ! 50 PM A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF SWAZEY STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAPS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held this date pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code and Resolution No. 4155 (1980 Series), this Council finds and determines that the shaded portion of Swazey Street delineated on Exhibit "A ", map attached hereto and incorporated herein, and described on Exhibit "B ", attached hereto and incorporated herein, is not necessary for present or prospective public street purposes and said portion is hereby ordered abandoned subject to reservation of the easement for Southern California Gas Company, as described on Exhibit "B" attached hereto and incorporated herein by reference. SECTION 2. The City Clerk shall cause a certified copy of this Order of Abandonment to be recorded in the San Luis Obispo County Recorder's Office. On motion of Councilman Bond , seconded by Councilman M„nger and on the following roll call vote: AYES: Councilmembers Bond, Munger, Dunin and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and ado ATTEST: CITY CRIR7 'J.H. FITZPATRICK e_ -- _r. ono/). VOL 2245PacE X53 R 4174 r. r Resolution No. (1980 Series) Approved: City Adminis ra i e Officer / yL44,4,c� City Attorney -2- va 2245PIGE 654 0 In1 'r L.l u / z v Q L ! Lij Y 0 �C7 .. _,..; mo Q o -U Z - � I� C9 o Ba io 7 1 LU ir � �x of 00 _ LU j - Q - a - 1 0 I a (� 0 0 0 In1 'r L.l u / z v Q L ! Y 0 �C7 Q � I� C9 _ 0`�.� 1 � �x of �3 ' 1 � I� C9 ' 0 I a (� 0 0 r of 7 r I c LLi Q N Q m r Q I 3' L'd.11 -i 1SaM 9flQ /,fir \' oc s - °° I G J Oy0 �'.. VOL 2245NC-E 655 I'- EXHIBIT "B" LEGAL DESCRIPTION OF ABANDONMENT SWAZEY STREET That portion of Swazey Street as shown on the. map of the Buena Vista Addition to the City of San Luis Obispo, as recorded.in the Office of the County 4 corder, County of San Luis Obispo, in Book A of Maps at page 132, on October li, 1887, described as follows: That portion of Swazey Street southerly,•. of the.following described line and northerly of the Southern-".'Paeif.ic Railroad right of way. Beginning.at the southeast corner of Lot 12, Block 187B of the Ingleside Homestead Tract in the City of San Luis Obispo, as recorded in the office of the County Recorder, County of San Luis Obispo, in Book A of.Maps at page 132, on October 11, 1887; thence South along the easterly line of Lot 12, also being the westerly line of Swazey Street, a 30 foot street, a.distance of 9.52 feet to a point, the true point of beginning; thence easterly along a circular curve, concave to the north having a radius of -34800 feet and a radial bearing at the true point of beginning of North 1041'07" East through a central angle of &0013'07" and an arc length of 35.73 feet to the easterly line of. the above described Swazey Street; Reserving therefrom an easement in favor of Southern California Gas Company for continued use and operation of existing facilities within the westerly 15 feet of said abandonment. OF DOCUMENT v�L • SP�Ur X56 RESOLUTION NO.4173 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING CAPITAL BUDGET ACCOUNTS AND APPROPRIATING ADDI- TIONAL FUNDS FOR FISCAL YEAR 1979 -80. BE IT RESOLVED by the Council of the City of San Luis Obispo to adjust the following capital budget accounts: ACCOUNT.NO. ACCOUNT Revenue Sharing Fund 30- 4060 -510 Police Parking Lot Purchase 30- 4060 -744 Police Communications Center 30- 5062 -747 Old Garden Creek Channel Relining 30- 5761 -639 Phoenix Bldg. Pedestrian Way 30- 5762 -729 Jack Residence Rehabilitation Capital Outlay Fund AMOUNT 1,800.00 4,600.44 714.68 (248.99) 18,000.00 24,866.13 40- 2152 -000 Microfilm Filing Equipment (157.99) 40- 4863 -836 Madonna Plaza Entrance Revisions (852.93) 40- 5062 -000 Storm Drainage $ Waterways 16,000.00 40- 5063 -801 Creek Obstruction Removal (18,914.88) 40- 5761 -624 Meadow Park Lighting Project 396.27 40- 5761 -629 Snsheimer Swimming Pool (11,313.72) 40- 5761 -635 Meadow Park Irrigation $ Turf (5,048.82) 40- 5762 -D32 Pizza Hut Corner Landscaping 5,000.00 40- 5762 -729 Jack Residence Improvements (1,173.60) 40- 5762 -742 Racquetball Facility Improvements (4,027.00) 40- 5762 -743 Johnson Playlot Improvements 5,000.00 40- 5762 -748 Sinsheimer Parking Lot (1,330.02) 40 -5960 -502 Driving Range Acquisition 4,994.99 40- 5961 -631 Golf Course Protective Screening 10,000._00 (1,427.70) R 4173. Resolution No. (1980 Series.) On motion of Councilman Bond seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Bond, Dunin, Munger and Mayor Cooper NOES: None ABSENT: Councilwoman.Billig the. foregoing Resolution was passed and adopted this 3rd day of June , 1980. ATTEST: CIWCrERK J.H. FITZPATRICK APPROVED: City Administrative ficer _ RESOLUTION NO. 4172 (1980 Series) A RESOLUTION OF -THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT H TEEN THE CITY AND COUNTY OF SAN LUIS.OBISPO HEALTH DEPARTMENT _ FOR REIMBURSEMENT FOR OPERATION OF A- CROSS- CONNECTION INSPECTION SERVICE IN THE COUNTY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreements attached hereto marked Exhibit "A" and incorporated herein.by reference, between the City of San Luis Obispo and County of San Luis Obispo Health Department 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: Services, San Luis Obispo County Health Department Director of Public On motion of Councilman Bond seconded by .Councilman_Dunin and on the following roll call.vote: AYES: Councilmembers Bond, Dunin, Munger and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 3rd day of June ATTEST: CITY CL J_.H. FITZPATRICK OYOR -. -- R 4172 r� APPROVED: City AdministratiTve Officer City Attorney l Director of Public Services J: AMENDMENT NO. 2 TO AGREEMENT ?BETWEEN WATER PURVEYORS AND COUNTY OF SAN LUIS OBISPO HEALTH DEPARTMENT FOR REIMBURSEMENT FOR OPERATION OF A CROSS - CONNECTION INSPECTION SERVICE IN THE COU -NT.Y OF SAN LUIS OBISPO This Amendment No 2 is made and entered into this 3rd day of June 1980, by and between the City of San Luis Obispo (hereinafter termed "Water Purveyor ") and the County of San Luis Obispo, a political subdivision,and one of the Counties of the State of California (hereinafter termed "County Health Department "). 471TNESSETH : WHEREAS, the Water Purveyor and the Counth Health Department duly entered into an agreement for reimbursement dated March 15, 1971, amended on March 23, 1978, whereby Water Purveyor agrees to reimburse the County Health Department for the operation of a Cross- Connection, inspection Service; and WHEREAS, Water Purveyor.and County Health Department desire to amend said agreement as stated hereinafter, and it is in the public interest that said amendment be consummated NOW, THEREFORE, in consideration of the mutual.conditions, promises and agreements herein set forth, water Purveyor and County Health Department hereby mutually agree as follows: 1. That the recitals.set.fcrth hereinafter are true, correct and valid. 2. That on page 3 and 4 of Section 3 of said original agreement the $10.00 per hour rate is amended to -read as follows: ".The cost of the said inspection service shall be computed at the rate of $16..50 per hour, hereinafter called the "hourly contract cost." This hourly contract cost includes the following presently. known and estimated costs to the COUNTY HEALTH DEPARTMENT. The full-time-salary of a Cross - Connection Inspector qualified to make inspections of cross- connections; 5% of the time of the Director of Environmental Health; 100 of the time of one secretary; employee benefits for said County.Employees; the expense of acquiring, operating, maintaining and insuring an automobile .for the use of the Cross= Connection Inspector; a premium in the amount of $1.00 for a faithful performance bond, and miscellaneous overhead expenses necessary to the operation of the program, which are estimated to be $1,00040 per year. Since the rate of $16.50 per hour is only the best estimate that can be made at this time and because costs may continue to increase, the hourly contract cost of $16.50 may be unilaterally amended by the COUNTY. HEALTH DEPARTMENT to reflect actual and current costs of the COUNTY HEALTH DEPARTMENT. Such a unilateral amendment of this Agreement by COUNTY HEALTH DEPARTMENT, however, may be effective only for succeeding one-.year agreement.and after notice of this amendment to all the WATER PURVEYORS at least forty -five (45) days before the end of any one (1) year.of the operation under this agreement." This Agreement shall be renewed automatically for each succeeding year unless terminated by notice of non - renewal given by any individual party to all.other parties at least thi- rty(30) days before the end of any one -year agreement period. ATTEST: s/J.H. FITZPATRICK CITY CLERK J.H. FITZPATRICK 2- CITY OF SAN LUIS OBISPO s /LYNN R. COOPER MAYOR LYNN R. COOPER APPROVED: _ f i City ministiat've Officer City Attorney Director of Public Services -3- COUNTY OF SAT1 LUIS OBISPO By: Its RESOLUTION NO. 4171 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE OFF -SITE IMPROVEMENTS IN TRACT 609, MISSION LANE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the off -site improvements and public easements as shown on the final map of Tract 609, Mission Lane, shall be and are hereby accepted for maintenance by the City of San Luis Obispo. SECTION 2. The City Council authorizes the release of the passbook upon deposit with the City of a bond guaranteeing the improvements for 12 months in the amount equal to 10 percent of the original bond and in accordance with the subdivision agreement. On motion of councilman Bond seconded by Councilman Munger- and on the following roll call vote: AYES: Councilmembers Bond, Munger, Dunin and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 3rd day of June 1980. OM Y I R LYNN R. COQKR ATTEST: CITY J.H. 1"ITZPAXXiCK R 4171 APPROVED: '00�10ezloxl, Ci d ra ive O ficer /Wyll—�- City Attorney City E-n-Aineer RESOLUTION NO. 4170 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT FOR PREPARATION OF WORKING DRAWINGS AND SPECIFICATIONS FOR MISSION PLAZA EXTENSION BE IT RESOLVED by the Council of the City of San Luis Obispo to adopt Amendment No. 1 to Consulting Services Agreement dated November 20, 1979 between Richard B. Taylor, AIA, ASLA and City of San Luis Obispo. On motion of Councilman Dunin , seconded by Councilman Munger and on the following roll call vote: AYES: Dunin, Munger and Mayor Cooper. NOES: Councilman Bond ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 3rd day of June 1980. ATTEST: CITY -J.H. FITZPATRICK APPROVED: Admiifistrative Officer i City Attorney * * * * * * * * * * 4k-oz� &js.� Director of ommuni U evelopment R 4170 AhIENDMENT NO. 1 TO 'CONSULTING SERVICES AGREEMENT DATED NOVEMBER 20, 1979 City of San Luis Obispo (City) and Richard B. Taylor 4 Associate (Architect) agree to amend their Agreement for Consulting Services, dated November 20, 1979, as follows: A. The portion of.Section 8.1 which reads "The fee shall be paid upon comple- tion and approval of the working drawings and specifications'! is deleted. B. Architect shall submit to the project manager thorough written or graphic evidence showing progress towards completion of each contract item in Section 3.1. The project manager shall determine what percentage of each item has been completed and shall authorize payment based on these percen- tages. City shall pay Architect according to this schedule: $1,500.00 Grading Plane $1,500.00 $2,250.00 $2,250.00 $1,500.00 $2,250.00 $1,500.00 $2,250.00 Staking Plan Construction Details Irrigation Plan Lighting Plan Planting Plan Final Cost Estimate Specifications and Bidding.Documents C. The remainder of the fee shall be paid upon completion and approval of the working drawings and'specfications. D. For purposes of computing progress payments, the fee for preparation of working drawings and specifications is estimated.to be $20,000.00. E. Progress payments shall not constitute acceptance as described in Section 7.1 of any item or portion of item submitted. i ATTEST: s/J.H. FUZPATRICK CITY CLERK J.H. Fitzpatrick APPROVED: Ad ' istrative off r6er City Attorney Architect Richard B. Taylor, AIA, ASIA $ Associate By: Date.: City City of San-Luis Obispo By: s /LYNN R. COOPER b(AYOR Lynn R.. Cooper Date: JUN 3 '80 Director o Commu Development. RESOLUTION NO. 4169 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING RATES FOR SOLID WASTE DISPOSAL AND SUPERSEDING RESOLUTION NO. 3535. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to the provisions of the Municipal Code Section 5200.6A, this Council hereby establishes the solid waste disposal charges as follows: (a) Households - For the service of collecting all refuse, garbage, solid waste or rubbish ordinarily produced in and about.the household; but not including dead animals', or the refuse from the construction, demolition or alteration of buildings, earth, rocks or incinerator ashes, placed at the curb in front of the residence, the following rates-per month are established: Single Family Residences: 1 collection per week . _ $4.30 The above service includes a weekly pickup of up to one (1) cubic yard of rubbish including tree trimmings, grass cuttings, dead plants and weeds, provided that such rubbish shall be deposited in containers that can be handled by one man and placed on the curb in front of the residence. For collection other than at curb in front of residence, an additional charge of $2.00, per container of 35 gallons or less, per month; will be made. Apartments and Duplexes: Where individual containers are used, rates.will be the same as single family residences. Dumpmaster container.rates shall be $2.50 per unit, plus $7..20 monthly rent per Dumpmaster container for one collection per week. Two (2) collections per week.per Dumpmaster container. shall be $3.60 per unit... (b) Commercial.Establishments or Motels - For the service of collecting all refuse,, garbage, wet garbage or rubbish ordinarily produced in and about commercial establishments or- motels, but not including dead animals, or the refuse from the construction, demolition or alteration of..buildings, earth, rocks, or incinerator ashes, each separate commercial establishment or motel having refuse containers shall not be required to pay more than the following rates. R 4169 L Resolution No. 4169 (1980 .Series) Rates per month for the following number of collections per week: No. of 35 Gal. Cans: 1 2 3 6 7 1 $4.30 $7.20 $10.80 $14.40 $16.50 2 5.40 10.80 14.40 18.70 21.60 3 6.80 13.00 18.00 21.60 25.80 4 8.30 15.20 20.90 26.60 31.70 5 9.70 17.30 23.80 31.70 37.40 6 11.20 .19.40 26.60 36.70 4-3.20. 7 12.60 .21.60 29.60 41.80 49.00 8 14:00 23.80 32.40 46.80 54.70 9 15.50 25.90 35.30 51.50 60.50 10 16.90 28.10 38.90 56.90 66.20 For 35 gallon cans in excess.of ten (10), the rate shall be an.additional $1.40 per can per collections. Rates per month for commercial Dumpmaster containers for the following number of collections per week: IMMI • a Cu. Yards: 1 2 3 6 7 1 $14.40 $21.60 $25.80 $50.40 $64.80 2 19.40 27.40 36.00 56.10 85.00 3 23.80 33.80 46.80 84.20 .113.00 4 28.90 43.20 61.20, 112.30 140.40 5 34.10 50.80 72.00 122.40 158.40 6 39.30 60.00 84.20 158.40 187.20 8 50.40 74.30 112.30 224.64 253.40 The above rates include the monthly container rental. Rates per month for commercial establishments or motels not using No. of Dumpmaster containers or cans for the following number of Cu. Feet: collections per week. 1 2 3 6 7 7 Cu. Ft. $3.60 $7.20 $9.:10 $13.00 $14.40 or less Ea. 5 Cu. 1.10 2.20 2.70 3.60 4.30 Ft. over 7 Cu. Ft. - -2- t Resolution No. 4169 (1980 Series) (c) Office Buildings; Places of Business - For the regular collection, removal, and disposal of rubbish from any office building using a common container or from any premises or place of business producing said refuse (excepting those premises for which are.hereinabove specified), the.rate per month for the collection shall not exceed that listed in (b) above. (d) Each container (other than a Dumpmaster container) and its contents shall not exceed seventy -five .(75) pounds. All commercial and motel rates shall be based upon six (6) months average quantities unless such establishments contract for irregular collections. (e) Irregular Collections.- Each five (5) cubic feet or fraction thereof. $4.30 (f) Compacted Solid Waste - For compacted solid waste placed in Dumpmaster containers for collection and disposal: $7..20 per cubic yard per pick up. SECTION 2. The foregoing rates for service shall become effective on and after July 1, 1980, and shall be applied on all bills issued on or after July 1, 1980. SECTION 3. Resolution No. 3535 (1978 Series) is hereby superseded as of the effective date of this resolution. SECTION 4. The City Clerk shall certify to the passage of this resolution and shall provide copies of this resolution to the Director of Finance and San Luis Garbage Company. On motion of Councilman Bond seconded by Councilman Munger and on the following roll call vote: AYES: Councilmembers Bond, Munger, Dunin and Mayor Cooper. NOES: Councilwoman Billig ABSENT: None the foregoing resolution was passed and adopted ATTEST: qXPrCLERK J.H FITZPATRICK -3- day of. May ,1980. Resolution No. 4169 (1980 Series) APPROVED: City Administrative Officer City Attorney -4- RESOLUTION NO 4168.(1980 Series) A.RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING VARIOUS BUDGET ACCOUNTS AND INCREASING APPROPRIATIONS FOR THE .1979 -80 FISCAL YEAR BE TT RESOLVED by the Council of-the City of San Luis Obispo that the .appropriation accounts be adjusted as follows: Description City Council 01- 2002 Office Expense 01- 2004 Communications Expense 01 -2011 Travel and Meeting Expense Planning Commission 01 -2502 Office Expense 01 -2511 Travel and Meeting Expense Promotional..Coordinating Committee 01 -3311 Travel and Meeting Expense Unallocated Insurance Expense 01 -3209 Liability Insurance Expense City Administrator 01 -2107 Vehicle Expense 01 =2108 Contract Services 01 =2111 Travel and Meeting Expense City Clerk 01 -2201 Employee Services 01- .2204 Communications Expense 01 -2208 Contract Services 01 -2251 Office Equipment Finance Department 01 -2308 Contract Services 01 -2306 Office Equipment Rent Amount 700.. 500. 1300. 2500. 1800. 350. 2150. 100. (125,000) 300. 1300. 1400. 3000. 9500• 500. 500. 850. 11,350. 4000 3000 7000- R 4168 Resolution No. 4168 (1980 Series) Personnel Department 01 -2701 Employee Services (Temp) 2000. 01 -2702 Office Expense 1500. 01 -2708 Contract Services 9500• 01 -2812 Materials & Supplies 13,000. Community Development - Planning 3000.. 01 -2501 Employee Services (Temp /overtime) 7000. 01 -2502 Office Expense 3000• 01 -2551 Off'ice.Equipment 200. 01 -4807 Vehicle Expense 10,200. Community Development - Bldg. Regulation 4500. 01 -4201 Employee Services 4000. Public Services,- Administration. 01 -4701 Employee Services (25,000) Public Services - Engineering 01 -4707 Vehicle Expenses 900. Public Services - Govt. Bld 01 -2805 Utilities 500. 01 -2807 Vehicles Expense 600. 01 -2808 Contract Services 1300. 01 -2812 Materials & Supplies 650. 01 -2863 Maintenance & Alteration 3000.. 6050. Public Services - Streets & Sidewalks 01 -4801 Employee Services (overtime) 1500. 01 -4807 Vehicle Expense 3000. 4500. Public Services - Street Painting 01 -4907 Vehicle Expense 750. 01 -4912 Materials & Supplies 1600. 2350. Public Services - Traffic Signals 01 -5104 Communications Expense 700. 01 -5105 Utilities 14000. 14,700. -2- Resolution.No. 4168 Public.Services - Shop & City Yard 01 -5201 Employee Services (overtime) 01 -5207 Vehicle Expense Public Services - Parks & Landscape Maintenance 11 -5701 Employee Services (overtime) 11 -5702 Office Expense 11 -5707 Vehicle Expense 11 -5720 'Residential Tree Program 11 -5752 Other Capitol Equipment 11 =5763 Maintenance & Alteration Public Services - Swimming, Pool Maintenance 11 =5801 Employee Services (overtime) 11 -5812 Materials & Supplies 11'=5853 Misc. Capitol' Public. Services - Golf Course-Maintenance 11 -5901 Employee Services (overtime) 11 =5907 Vehicle Expense 11 -59.12 Materials & Supplies Public Services - Parking Meters 11 -6713 Meter Parts Public Services - Parking .Facilities 11 =6.806 Rent & leases Public Services - Sewer Collection 52 -7006 Rent &leases (Equip) 52 =7007 Vehicle Expense 52 =7012 Materials & Supplies 52 -7013 Special Equips. Expense Parks & Recreation - Admin. & Programs 11 -5702 Office Expense 11 -5707 Vehicle Expense 11 -5704 Contract Services (Mission.plaza) =9E (1980 Series) 1500. 1500. 3000. 2500. 500. 8000. 1000. 200. 2000. 14,200.. 1500. 3500. 800.. 5800. 1500. 2000. 2500. 6000. 1000. 8500. 500. 5500. 2000. 1000. 9000. 400. 600. 4100. 5100. o . o Resolution No. 4168 (1980 Series) Park & Recreation - Swimming Pool Operation 11 =5805 Utilities 30,000. Park & Recreation --Golf Course Operation. 11 -5914 Taxes & License 800. Police Dept - Police Protection 01 -4006 Rents & Leases 2000. 01 =4007 Vehicle Expense .25,000. 01 =4011 Education & Training (P.O.S.T.) 5000. 32,000. Fire Dept. - Fire Protection 01 -4101 Employee Services 40,000. 01 =4102 Office Expense 3000. 01 -4107 Vehicle Expense 3000. 01 -4112 Materials & Supplies 1000. 01. -4151 Office Equipment 1700. 48,700: FINAL TOTAL 95,900 On motion of Councilman Bond seconded by Councilman Munger , and on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th _ day of May , 1980.. ATTEST: CITY C iJ J.H. FITZPATRICK 4 Resolution No. 4168 Approved: City Administr a fficer City Attorney inance Dir ctoi -5- (1980 Series) G r� a�G� RESOLUTION NO. 4167 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALK CONSTRUCTION AND REPAIRS UNDER THE 1911 ACT 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 construc- 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 as follows: OWNER LOCATION AMOUNT E.J. Leitcher Etal L.J. Morganti Company S.V. $ E.M. Cole J.B. $ F.E. Berkemeyer J.S. $ E. Murtaugh J.D. Witney I. Wineman Etal 642 Monterey Street $ 450.00 1180 Roundhouse Avenue 386.75 1330 Monterey Street 360.00 1350 Marsh Street 50.00 872 Toro Street 570.00 862 Toro Street 825.00 855 Toro Street 1,780.00 On motion of Councilman Munger seconded by Councilwoman Billig, and on the following roll call voter AYES: Councilmembers Munger,.Billig, Bond, Dunin and Mayor Cooper. NOES: None , ABSENT: None R 4167 - I Resolution No. 4167 (1980 Series) the foregoing Resolution was passed and adopted this 20th day of May , 1980. b ATTEST: r. CITY CL FITZPATRICK APPROVED: * * * * * * * * * * * * * * * * * * * * City Administrative Officer City kttdyhdy Director of Public Services RESOLUTION NOi 4166 (1980 Serie s) 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: L SECTION 109 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: LAWRENCE DRIVE SEWERLINE CITY PLAN NO: D=23 ESTIMATE: $62,220.00 BUDGET ACCOUNT: D-23 BIDDER: FRED JULIEN & ASSOCIATES BID AMOUNT: $45,749 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 second.ed.by and on the following roll call vote: AYES: Councilwoman Billig, Mayor Cooper, And Councilmembers Bond, Dunin and Munger. I NOE.S'• None. I ABSENT: None the foregoing Resolution was passed and adopted thi.s-_2.Qjhday of may —9 19 80.': ATTEST: CI-VZ:;aEM9F-J.H.- FITZPATRICK APPROVED: CitylAdministiative Officer R 4166 .% RESOLUTION NO.4165 (19 80 Series) J 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: SOS STREET RECONSTRUCTION CITY PLAN NO: C -14 ESTIMATE: $130,000.00 BUDGET ACCOUNT: 20- 4871 -C14 BIDDER: R. BURKE CORPORATION BID AMOUNT: $139,842.50 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. 1. On motion of Councilman Bond , seconded by Councilman Munger and on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper. NOES: None ABSENT: None the foregoing Resolution was passed and adopted 1980. / ATTEST: i CI J.H. FITZPATRICK APPROVED: City A ministrative Officer s 2DZb day of May_ __ , R 4165 RESOLUTION 110. 4164 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREE'ENT.BETWEEN THE CITY AND H. DIETER HEINZ, FOR CONSULTING CHEMIST SERVICES THROUGH JUNE 30,1981. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and H. Dieter Heinz, for consulting chemist services through June 30, 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 and a copy of the executed agreement approved by it to: H. Dieter Heinz, the Director of Public Services, the Fire Chief, the Director of Finance and the Director of Personnel. On motion of Councilman Bond seconded by Councilman Munger , and on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this ATTEST: CIX, J.H. FIT2PATRICK APPROVED': City min tit rative Officer City Attorney ay of May, 1980. R 4164 Resolution No. 4164 Personnel Directo Fire Chief (1980 Series) AGPEEMENT FOR PERSONAL SERVICES EXHIBIT "A" !THIS AGREEMENT, is by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City "), and H. DIETER HEINZ, an independent contractor providing consulting chemist services (hereinafter referred toas "Chemist "). WITNESSETH: WHEREAS, H. Dieter Heinz is a qualified chemist capable of analyzing and monitoring many of the city's operations; and WHEREAS, the City desires to employ him as an independent contractor to provide certain services not currently performed in detail by City employees or available within City services; NOW, THEREFORE, City and Chemist for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning July 1, 1980, Chemist agrees to provide services to the City in accordance with the scope of work outlined in Exhibit "$" attached hereto and thereby incorporated herein. Said services shall . continue through June 30, 1981, providing, however, that either party may terminate this Agreement by two weeks written notice to the other party. The general duties to be performed by said Chemist shall be at the direction of the Director of Public Services. 2. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Chemist, at all times covered by the terms of this Agreement, is acting as a free and independent contractor, and not as an employee of the City. Any and all supervision and direction by the Director of Public Services shall be only that necessary to provide broad general outlines, and Chemist is to use his own initiative ara discretion in performing the details of his work, provided, however, that Chemist may consult with Public Services staff as he desires. .3. City agrees to provide.laboratory space and supplies necessary for performance under this Agreement, subject to purchase authorization by the City. 4. City agrees to pay Chemist the sum of $1720 per month for his services, payable in accordance with regular City payment procedures. Chemist agrees to provide a minimum of eighty -six (86) hours service per month and will submit a detailed statement of the services provided . prior to payment. Chemist will not accrue vacation, sick leave, or other similar benefits including workers compensation and unemployment insurance benefits available to� regular City employees. 5. City agrees to reimburse Chemist for authorized use of his personal vehicle on City business at the rate of 15 cents per mile and to provide Chemist with a parking permit for lot #8. 6. This is an agreement for personal services and is not assign- able without the prior written consent of City. 7. Chemist shall be allowed to participate in the City's health care program for himself and his dependents at his own expense. 8. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following addresses: City: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Chemist.: H. Dieter Heinz P. 0. Box 3193 Pismo Beach, CA 93449 —2— IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CHEMIST H. Dieter Heinz ATTEST: CITY405 J.H. FITZPATRICK � i EXHIBIT "B" SCOPE OF WORK - CITY CONSULTING CHEMIST To serve as City Chemist performing such services as: a) Complete chemical analysis and identification of drugs and related compounds. b) Hair comparison and analysis. c) Paint analysis. d) Soil chemistry: Analysis and recommendation for better plant growth. e) Pesticide residues: Identification and analysis. f) Fertility - tissue analysis. g) Identification of any foreign matter, either solid, gaseous or liquid. h) Any quality control analysis - and /or product specification. i) Petroleum products: Analysis and recommendations. j) Corrosion studies: Steel, building materials, etc. k) Trace metal analysis. 1) Steel certification by chemical and physical examination. m) Air pollution: Monitoring, sampling and testing: Particle matter ,Hydrocarbons Sulfur Dioxide Carbon Monoxide Oxides of Nitrogen n) Certification and analysis of explosives, primers, detonators, etc. o) Consulting and assisting on sewer source control program. p) Consulting.and assisting on cathodic protection program. q) Analysis of sewer.samples. Chemist 'shall expend a minimum of 86 hours per calendar month performing city duties and through the year:�shall.�average the following hours per month for each division or department: Fire 5 Sewer Field . 9 Water- Field . 13 Whale Rock 24 Water Plant . . . . . . . . . 20 Sewage Treatment Plt 15 TOTAL 86 HOURS 20C-/C- ..RESOLUTION NO. 4163(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BE741EEN THE CITY AND ANIMAL CONTROL SERVICES FOR PERFORMANCE OF ANIMAL CONTROL SERVICES WITHIN -THE CITY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between.the City of San Luis Obispo and Animal Control Services 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: Animal Control Services City of SLO Finance Director, Police Chief On motion of Councilwoman Billig , seconded by Councilman Dunin- and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 20th day of Ma 37 , 19 80. ; ATTEST: �. J.H. FITZPATRICK R 4163 &r ROVED: City Admnistra ficer City Attorney Di ector o roan e r�/ l'•uw"gN.� Polic hief AGREEMENT FOR ANIMAL CONTROL SERVICES This Agreement is made -and entered into this 20th day of May , 19805 by and between the County of San Luis Obispo, hereinafter referred to as "County ", and the City of San Luis Obispo , hereinafter referred to as "City ", WITNESSETH: ? THAT WHEREAS, the City is desirous of contracting with the County for the performance of the hereinafter described animal control services within its boundaries by the County of San Luis Obispo through.the Department of Animal Regulation; and WHEREAS, the County is agreeable to providing such services in accordance with the provisions of the San Luis Obispo County Code, Title 9 which provides for the licensing of dogs, the establishment of a public pound, and for the collection and care of stray, diseased and vicious animals; and WHEREAS, the County of San Luis Obispo has established the De.Partment of Animal Regulation to the County Code Title 9 within the County; and WHEREAS, the interests of all served by implementation of Animal incorporated communities of the Co enforce the ordinances of unincorporated areas of the County residents would be Control Services in the unty; and WHEREAS, the City is desirous of contracting for said Animal Control Services. i� INOW, THEREFORE', IT IS AGREED AS FOLLOWS: 1.. Definitions: a. "Animal" as used in this Agreement means any species of vertebrate.creature. b. "Animal transaction for City" as used in this Agreement means any of the following actions taken by County on City's behalf, singularly or in aggregate, as they relate to a single animal or animal owner within a 24 -hour period: (1) Search; (2) Seizure; (3) Capture or attempted capture; (4) Bite investigations; (5) Issue of written warning or citation; (6) Pick-up and disposal of dead animal; (7) Nuisance investigation; (8) Care of injured animal. C. "Animals sheltered for City" as used in this Agreement shall mean any animal delivered to the animal shelter from within City's corporate limits. d. "Man- hour" as u.sed in this Agreement shall refer to the services of any single County officer, agent, or employee for,one hour. titan -hours shall be recorded to the nearest one- half (112) hour. e. "Overall Program Costs" as used in this Agreement shall mean total operating costs incurred in providing services of any single component, as hereinafter described, to all unincorporated areas of County together with the total operating -2 1 ' I 1 cost's incurred in_providing services of any single component to all incorporated communities within County contracting for said component. Such costs shall include the cost of any leased premises, equipment, -and those subcontracted services as hereinafter described. f. "Emergency Services" as used in this Agreement shall mean those services provided by one or more animal control officers during hours other than regular business hours in response to a call concerning animal bites, stray vicious animals or situations in which animals are constituting a threat to public safety. Emergency services do not include responses to animal nuisances such as barking or stray dogs. 2. Services Components The County agrees to provide all, necessary labor, facilities, and equipment to supply the following animal control service components: a. General Administration - County agrees to pro- vide management and,supervisi.on of the animal control program, to keep records and provide statements Ias hereinafter specified, to operate an animal release annex, to maintain a headquarters with communication center and dispatcher service. These services shall hereinafter be referred to as the "general administration component ". b. Ordinance Review - County shall review City and County animal control ordinances, prepare and propose amend- ments, additions, and deletions -to those ordinances so as to improve the quality of animal control. These services shall hereinafter be referred to as.the "ordinance review component ". -3- 1 C. Animal Control Enforcement - County shall enforce all City Animal Control ordinances and State laws within City's corporate limits, investigate complaints, including complaints involving animal bites, and issue citations. These services shall hereinafter be referred to as the "animal control enforce- ment component ", but services under this component shall not . include enforcement of "Eity animal licensing ordinances, which is covered under the "licensing component ", nor shall it include enforcement of zoning ordinances dealing with animals. d. Animal Shelter - The County shall maintain an adequate pound and provide for the care, housing, and disposal of animals seized within City's corporate limits or delivered by City's residents. It is understood and agreed that the County may subcontract the obligations of this paragraph to an independent contractor or at its option undertake to perform these duties itself. If the County chooses to undertake these services itself, it agrees to maintain its kennels, cages, and corrals so as to produce a humane environment. These services shall hereinafter be referred to as the "animal shelter component ". e. Public Education - County shall provide infor- mation to the public on the necessity of animal control as recommended by the Animal Regulation and Control Advisory Committee. This service shall hereinafter be referred to as the "public education component" f. Licensing - County shall collect license fees, issue licenses and receipts for licenses, enforce City licensing ordinances, and enforce state and local rabies control laws. C n County may choose to conduct an animal vaccination clinic. These services shall hereinafter be referred to as the "licens- ing component" g. Animal Population Control_ - County may choose to conduct a spay and neuter clinic. If County so chooses, County shall provide low -cost spay and neuter operations, including all necessary care and treatment accompanying said ope•?ations. 3. Animal Regulation and Control Advisory Committee There shall be an Animal Regulation and Control Advisory Com- mittee whose responsibility it will be to review and recommend on all matters of Departmental Policy regarding overall program administration, level and quality of service, budget, and ordinance development and amendments. This Advisory Committee shall be made up of: one representative from each City con- tracting with the County, one representative from the County Veterinarians' Association, one representative from an Animal Welfare Society, one representative from the County Health Department, one representative from the'Department of Animal Regulation, and one representative from the County Sheriff's Department. The Committee shall receive staff support from the County Administrative Office. 4. Supervision - The rendition of the services specified in paragraph 2 of this Agreement, and matters incidental to the performances of said services, and the control of personnel so employed, shall remain in the Co4inty. 5. Cooperation - To facilitate the performance of the foregoing functions, it is hereby agreed that the County shall ME have the full cooperation and assistance from the City, its officers, agents, and employees. 6. Special Supplies - Notwithstanding anything in this Agreement to the contrary, it is agreed that in all instances wherein special supplies, stationery, notices, forms; and the like must be issued in the name of City, the same shall be . supplied by City at its own cost and expense. 7. Employee Status - All persons employed in the per- formance of the services and - functions specified in paragraph 2 of this Agreement shall be County employees: no present City employee shall become a County employee by reason of.this agreement; and no person employed hereunder shall have any City pension, Civil Service, or any similar status or right. For this Agreement, and for the sole purpose.of giving legal status to the performance of the duties and respon.sibilities herein, every County officer and employee engaged in the performance of any service hereunder shall, where necessary, be deemed an officer or employee of City while performing the services for City. 8. Employee Compensation and Liability - City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder, or any liability other than that provided in this Agreement. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. am 9. Indemnification - Notwithstanding the provisions of paragraph 7, County will hold City, its officers, agents, and employees harmless from any and all calims for damage resulting from the performance of this Agreement except that the above shall not apply to the active negligence.or wilful misconduct of City or City's agents or employees. 10. Pros ? cution - It shall be the duty of the City Attorney, exercising the discretion vested in his office, to prosecute violations of the City Animal Ordinance, and take appropriate legal action with respect to-the abatement of, any public nuisance involving animals occurring within City's corporate limits. 11. Term and .Renewal - This Agreement shall be effective on the 1st day of July, 198_, and shall terminate on the 30th day of June, 198_, or the 30th day of June any year thereafter, provided that not later than March 15th next preceding said expiration date,.either party .shall notify the other in writing that it does not wish to renew same_. Otherwise, this Agreement will continue from year to year. 12. Ordinance Conformity - Notwithstanding anything to the contrary contained in this Agreement, City shall enact and maintain in full force and effect, including the amount of fees provided, an ordinance comparable in terms with the provisions of the County Animal Control Ordinance, San Luis Obispo County Code Title 9; provided, however, that modifications or amend- ments to the general provisions -of Title. 9 may be developed which are warranted by the unique circumstances of the City. Any such amendments which modify the present language of Title -7- 9 are subject to review by the Advisory Committee, and the approval of the Board of Supervisors, as well as the City councils of any Cities which may be affected by such amend- ments 13. Capital Expenditures - County shall pay the cost of acquiring, constructing, and equipping'any County -owned facility needed for the performance of the animal shelte? component. 14. Allocation of Operating Costs - Charges to City for the services provided by County shall be computed on the follow- ing basis: a. Charges for general administration and ordinance review shall be $2.50 for each aniaml transaction for City (as defined in subparagraph 1(b) of this Agreement. A $2.50 charge shall also be applied for each animal delivered to the control facility by a resident of City. The charges allocated to City pursuant to this .subparagraph 14(a) shall be added to the charges made pursuant to subparagraphs 14(b) and (c) below when those charges are applicable. b. Charges for the animal control enforcement service component shall be .$7.50 for each animal transaction (as defined in paragraph 1(b) of this Agreement) in which the service of an Animal Control Officer is involved, but excluding those services where charges are made pursuant to subparagraph 14(f) below. The charges allocated pursuant to this subpara- graph 14(b) shall be added to the charges described in para- graph 14(a) above, and where applicable they may also be added to the charges described in paragraph 14(c) below. c. Charge.s for the animal shelter services component shall be $.3.50 for each animal sheltered for City (as defined in paragraph 1(c) of this Agreement). The charges allocated pursuant to this subparagraph 14(c) shall be added to the charges described in subparagraph 14(a) above and where. appli- cable they may also be added to the charges described in subparagraphs 14(b) and (f). d. Overall program costs (as defined in paragraph 1(e) of this Agreement) for the public education component services shall be mult iplied by the City's population percent, and that sum shall be charged to City. In no event shall City's allocated costs for the public education component exceed 13� per capita. e. Charges for the licensing component services shall be $1.75 for each animal licensed for City.. Should County chose to conduct a County -wide animal vaccination clinic, the costs for conducting such a clinic shall be multi- plied by the ratio created by dividing the number of animals vaccinated for City animal_ owners by the total number of animals vaccinated during the clinic. f. In payment for those emergency services (as defined in paragraph 1(f) of this Agreement) provided to City when only standby animal control officers are on duty, City shall be charged $14.00 per man per hour. This charge shall be on a portal -to- portal basis, and-when applicable, may be added to the charges imposed pursuant to subparagraphs 14(a) and (c) above. 0 15. Revenue from Fee.s and Lmpounds - Revenue from impound charges collected on animals .taken from within City's corporate limits will be credited against City's allocated costs. 16. Revenue from Licensing Revenue collected in licensing animals owned or adopted by residents of City shall be credited to City's allocated.costs. 17 Revenue from Court Fines - Animal control violation fine.monies which are imposed a.nd collected as a result of citations issued or arrests made within the City, and are thereafter distributed to City pursuant to the provisions of Penal Code Section 1463, shall, upon receipt by City, be-for- warded to the County. 18. Deficits - City shall pay County any deficits between total re.venUe credited to City and City's allocated costs, as those sums are hereinabove described, and this computation shall be made a fiscal year basis, provided that the maximum amount so payable by City for the services hereunder shall not exceed $19,000.00 Said payments shall.be made on or before. the 31st day of August of each year of this Agreement's existence. 19. Books and-Records - County agrees to keep such books and records and in such form and manner as County Auditor - Controller shall specify_ Said books shall be open for examina- tion by City at all reasonable times. County shall provide a statement to City showing City's revenue credits and allocated costs. Said statements shall be. presented within 30 days after the close of each quarter of this Agreement's existence. -10- 20. Modification - This Agreement constitutes the entire understanding of the parties hereto and no modification of the terms of this Agreement shall be effective unless in writing and.signed by the parties. IN WITNESS THEREOF, City of SAN LUIS OBISPO by resolution duly adopted by its i?ity Council causes this Agreement to be signed by its mayor and attested by its clerk, and County of San Luis Obispo by order of the Board of Super- visors causes these presents to be subscribed by Chairman of said Board and seal of said Board to be affixed thereto attested by clerk of said Board on the day and year first above- written. CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO By: slLYNN R. COOPER By: Mayor Lynn R. Cooper Chairman, Board of Supervisors ATTEST: s1J.H. FITZPATRICK City Clerk J.H. Fitzpatrick ATTEST: MISBETH WOLLAM, Clerk Board of Supervisors WA Deputy Clerk APPROVED AS TO FORM AND LEGAL EFFECT JAMES B. LINDHOLM, JR. County Counsel By Deputy County Counsel 1. Approved: City Administrative cer City Attorney zzu X4 J Direc or of i ce Police ief RESOLUTION N0; 4162 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING REQUEST FOR CONVERSION TO CONDOMINIUMS OF A 16 UNIT APARTMENT COMPLEX LOCATED AT 1653 EL TIGRE COURT WHEREAS, the owners of a 16 unit apartment complex located at 1653 E1 Tigre Court have applied to the City requesting conversion of the apartment units to condominiums pursuant to Section 9800.1 et seq. of the San Luis Obispo Municipal Code; and WHEREAS, the application was set for public hearing and heard at 8:00 PM on Tuesday, May 6, 1980, before the City Council;.and WHEREAS, the Council has fully considered the application, comments of staff, comments of applicant, comments of the public and all materials included in the agenda packet for the May 6, 1980, meeting relating.to the application. NOW, THEREFORE, BE IT RE- SOLVED by the Council of the City of San Luis Obispo as follows•. SECTION 1. This Council finds the following: A. That due to the size of the site, site is physically unsuitable for the proposed density of the condominium development in that the site offers inadequate e- open space and other amenities generally associated with condominium projects. B. That the existing apartments have a density in excess of the equivalent units per acre allowed by the City's General Plan.. SECTION 2. A_. Based on the above findings, and pursuant to Section 9800.8 of the San Luis Obispo Municipal Code, this Council concludes that there are inadequate facts to support findings required by Section 66474 of the Government Code. B. That the proposed conversion is inconsistent with the General Plan. SECTION 3. Based on the above conclusions, this Council hereby denies the application for conversion to condominiums of the apartment units at 1653 E1 Tigre Court. R 4162 Resolution No. 4162 (1980 Series) On motion of Councilman Band , seconded by Cannrilwoman- 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 6th day of May_ 1980. ATTEST: 2 - CITY CLE ZPATRICK APPROVED: City AMinisftatiVie Officer City Attorney Director of Community Develop lent 0 RESOLUTION NO.4161(1980 Series) A RESOLUTION OF THE "COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE TENTATIVE TRACT NO. 895 LOCATED AT 1445 PREFUMO CANYON ROAD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the tentative map of Tract 895 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 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 895 be sub- ject to the following conditions: Subdivider shall grant a 6 -foot public utilities easement along both street frontages of the property. 2. Subdivider shall grant a blanket easement over the common lot area, except under structures,for public utilities serving the site. 3. Subdivider shall provide individually metered water service to each unit. Meters shall be located at driveway entrance to each unit, to approval of the Public Services Department. Water main serving on -site fire hydrant shall be public within easement, to the approval of the City Engineer. R 4161 n �J Resolution No. 4161 Tract 895 Page 2 4. All on -site sewer lines shall be privately owned and maintained. On -site system shall be redesigned to drain to Los Osos Valley Road, paralleling the .drainage facility between units 8 and 9 (as noted on addressing plan) to the approval of the Public Services Department. 5. Subdivider shall install two fire hydrants, one on -site and one at street frontage of Los Osos Valley Road, to the approval of the City Fire Department. 6. Grading plan shall be revised to approval of the City Engineer prior to final map approval. 7. A retaining wall (approximately 2 -foot height) shall be constructed south- east of units 11 through 16 to approval of the City Engineer. 8. Private driveways shall be designed with minimum Traffic ,Index 4.0 with concrete curbs and gutters, to the approval of the City Engineer. 9. Entrance driveway shall be "curb return" type, designed to the approval of the City Engineer and Community Development Director. 10. No units adjacent to interior driveway shall overhang driveway area. A clear vertical clearance shall be maintained at all times. 11. Subdivider shall prepare conditions, covenants 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. A homeowners association to enforce the CC &R's and provide for pro- fessional, perpetual maintenance of all common'areas including land- scaping, building exteriors, private driveways, private utilities, lighting, walls, fences, etc., in first class condition; homeowners' association shall maintain area within the street right -of -ways between back of sidewalk and front property line. B. Grant to the City of San Luis Obispo the right to maintain common area and building exteriors if the homeowner's association fails to perform, and assess the homeowner's association for expenses incurred. C. No parking on the site except in approved designated spaces. D. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places. E. No outside storage of boats, campers, motorhomes and trailers nor long -term storage of inoperable vehicles. F. No outside storage by individual units except in designated storage areas. G. Homeowner's- association to provide for maintenance and repair of pri- vate sewer lines. D 1J Resolution No. 4161 Tract 895 Page 3 H. No change in city- required provisions of CC &R's without prior City Council approval. 1.2. Units shall be numbered and addressed to the approval of the Community Development Department. Subdivider shall install directory signing at project entrance to the approval of the Community Development Director. 13. All on -site driveways, nonstructural improvements, and utilities shall be installed as subdivision improvements. 14. Subdivider shall provide and the homeowner's association shall maintain appropriate 'no parking" signs and red curbing as required by the City Fire Department and City Engineer. 15. Subdivider shall install landscaping and-irrigation system within the street right -of -way along the property frontages to the approval of the Community Development Director. 16. Subdivider shall revise tentative tract map to correspond to site plan approved pursuant to variances V0811 and V0812, and Architectural Review Commission Resolution 4 -80 prior to tentative map being considered by the City Council. On motion of Councilman Bond , seconded by Councilman Munger f and on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of May 1980. 2!7 yor Lynn it. Cooper ATTEST: City C J.H. Fitzpatrick r � Resolution No. 4161 Tract 895 Page 4 Approved as to form: Approved as to content: City Attorney City d'm' i "trat f ve 0 icer Community evelopmen irector City Engineer follows: 17 RESOLUTION NO. 4160(1980 Series) A RESOLUTION CHANGING THE NAME OF WILLIAM STREET TO BINNS COURT BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That the street formerly known as and designated William Street is hereby changed to Binns Court. SECTION 2. The City Engineer and Community Development Director are hereby directed to take appropriate steps to effect said change of street names, including the replacement of street signs as required. SECTION 3. That this.resolution shall take effect June 6, 1980, at which time new street signs shall be installed to city standards; provided that the applicant shall have deposited to the city $75.00 to cover the cost of staff time to correct maps and records. U On motion of Councilwoman Billig seconded by Councilman Munger , and on the following roll call vote: AYES: Councilmembers Billig, Munger, Bond, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed this ATTEST: Ci eik J.-H. Fitzpatrick R 4160 2 r . 4; Resolution No. 41 Page 2 Approved as to form: City Attorney Approved as to content: City mi a ive Of freer AI Community DeAelopmefU,Director City En Aneer ;�_1 pay; . i ` °'MEETING AGENDA 1 Affidavit Publish Taurs. , 5/1/80 _ -DATE . MAY 6 '80 ITEM # 0 PUBLIC HEARING: STREET NAME CHANGE The San Luis Obispo City Council will hold a public hearing to consider a recommendation of the Planning Commission to approve request for street name change ofcWiTlam_Street _ to_Binns-Court, Don Wyatt, applicant. Said public hearing will be held Tuesday, May 6, 1980 at 7:45 p.m., in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo. s/J.H. WZPATRICK J.H. Fitzpatrick, City Clerk PMROSED STRE£I NAME Cf WUF FROM MILL /ANSI. TO OINNS COURT. Street name;,change /S ' William St. to Binns Lane �. P. V. Binns et al 1245 Ella Street San Luis Obisp, Ca. Cuesta Valley Properties 1160 Marsh Street 93401 San Luis Obispo, Ca. 93401 P.M. & M.E. Elliott 2059 Sierra Way San Luis Obispo, Ca. 93401 S. S. & S. Lutha E. J. Adams T. L. Harrington 2063 Sierra Way 2071 Sierra Way 1219 Ella Street San Luis Obispo, Ca. 93401 San Luis Obispo, Ca. 93401 San Luis Obispo, Ca, 93401 - 'MEETING AGENDA �I INI!11nIlIfl�� ��V� hIpIIII�IIII�I�N Cl�/ Of SA"' W1S OBISPO -GATE m^Y s ITEM # j PLANNING COMMISSION RECOMMENDATION FILE NO. TO Leland Walton, Administrative Officer FOR CITY COUNCIL MEETING OF May 6, 1980 Henry Engen, Community Develop - BY ment Director V& ADDRESS SUBJECT: Donald Wyatt has requested that William Street be changed to Binhs Lane or Street. SITUATION: The applicant together with representatives of the Terrace Hill project both agree to a proposed street name change. COMMISSION RECOMMENDATION ATTACHMENTS HE: bee 4/22/80 At the hearing held on April 9, 1980, the Planning Commission recommended approval of the street name change to Binns Court, which would reflect city policy for type of street. In addition, however, they recommended that the applicant bear the cost of staff time to correct maps and records which is estimated to be $75.00 Draft Resolution Planning Commission Staff Report - April 9, 1980 /.` - -3 No. In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION City of San Luis Obispo _ STATE OF CALIFORNIA, ) )} ss.. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above - entitled matter I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of the SAN LUIS OBISPO COUNTY TELEGRAM- TRIBUNE, a newspaper of general cir- culation, printed and published daily, Sundays excepted, at the City of San Luis Obispo in the above named county and state; that Public Hearing_ Street Name Change of which the annexed clipping is a true printed copy, was published in the above -named newspaper and not in any supplement thereof — on the following dates, to-wit: May-1,1980 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of Chapter 1, Division 7, Title 1 of the Government Code of the State of California. I certify (or declare) under penalty of perjury that. the fore- going is true {anD correct . ' (Sig tore of. Principal Clerk) Date May_1. _____ _ _ _ —__, 19 80. MAN O Sean us j' PUBLIC HEARING STREET NAME I CHANGE The San Luis Obispo City Council will hold. a public hearing to consider a recom- mendation of the Planning I ' m �i CL Q rt C cr n Q 3 M '.51 N O n A Z Ll � fD .0.. N S2 O r a N W N O IITI � � I I CD ro I x� I x� �i CL Q rt C cr n Q 3 M '.51 N O n A Z Ll � fD .0.. N S2 O r a N W N O follows: RESOLUTION NO. 4159(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS 'OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -25, LOCATED AT 3183 DUNCAN ROAD BE IT RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision 80 -25 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 M 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. 5. The prior negative declaration granted by the Architectural Review Commission is applicable to this project. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -25 be subject to the following conditions: 1. Subdivider shall dedicate to the city a 22 -foot strip for widening of Orcutt Road. Subdivider shall install curb, gutter, sidewalk and street pave -out across the entire property frontage, to the approval of the City Engineer. 2. Subdivider shall dedicate a 5 -foot strip for widening of Duncan Road. Sub- divider shall install curb, gutter, sidewalk and street pave -out to the approval of the City Engineer. 3. Subdivider shall grant to the city an irrevocable offer to dedicate to the city the irregular triangular portion of his property between Orcutt Road, Duncan Road and the official setback line for Orcutt Road. 4. Final map shall have a note stating that access rights to Orcutt Road across entire frontage of property are dedicated to the city and no access shall be allowed. R 4159 Resolution No- 4159 (1980 Series) Minor Subdivision 80 -25 Page 2 5. Subdivider shall extend the existing 30 -inch diameter ,CMP storm drain and shall-contribute one percent (17) towards the cost -of extendiiicexis_ting concrete arch - culvert under Or cut t Road as- :requir'ed to'accomm_da_te street widening, to,ttie approval of the City Engineer. On motion of Councilwoman Billig , seconded by Mayor Cooper and on the following roll call vote: AYES: Councilwoman Billig, Mayor Cooper, Councilmembers Bond, NOES: Dunin and Munger None ABSENT: None the foregoing resolution was passed this 6th ATTEST: lerk J.H. Fitzpatrick APPROVED: City Attorney Community I Develop e t Director of May Mayor Ityni Cooper , 1980. RESOLUTION NO. 4158 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE MAYOR TO SUBHIT AN APPLICATION FOR A GRANT FOR LAW ENFORCEMENT PURPOSES WHEREAS, the City of San Luis Obispo Police Department desires to undertake a certain project designated as Patrol Officer Regional Crime Prevention Training Program to be funded in part from funds made available through the Omnibus Crime Control and Safe Streets Act of 1968, PL 90 -35L, as amended, (hereafter referred to as the.Crime Control. Act) administered by the Office of Criminal Justice Planning (hereafter referred to as OCJP). NOW, THEREFORE, BE IT RESOLVED that Lynn Cooper, 'Mayor of the City of San Luis Obispo, is authorized, on its behalf to submit the attached Application for Grant for Law Enforcement Purposes to OCJP and is authorized to execute on behalf of the City of San Luis Obispo the attached Grant Award for law enforcement purposes including any extensions or amendments thereof. BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds required for said project (including any extension or amendment thereof) under the Crime Control Act and the rules and regulations of OCJP and the Law Enforcement Assistance Administration and that cash will be appropriated as required thereby. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant law enforcement expenditures controlled by this body. 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 adopted this 6th day of May , 1980. R 4158 Resolution No. 4158 (1980 Series) I.hereby certify that the foregoing is a true copy of the resolution adopted by the City Council of -San Luis Obispo in a meeting thereof held on - 5'/6/80 by the above roll call vote. CITY CL E F TZPA-TRICK Approved: City Adminis 'native Officer i City Attorney Police h of RESOLUTION NO. 4157 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE CLOSING OF STATE HIGHWAY FOR LA FIESTA PARADE WHEREAS, the citizens of the City of San Luis Obispo will be holding their annual community celebration on May 16, 17 and 18, 1980; and WHEREAS, a parade on Saturday morning, May 17, 1980, is an integral part of the La. Fiesta celebration; and WHEREAS, La Fiesta is a most important civic celebration, drawing visitors to this city from distant places to see this most extraordinary - parade and to visit the early California historical sites of this community. 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 La Fiesta Association 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 May 17, 1980. 2. The City Police Department and other city departments are directed to cooperate with La Fiesta 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 departments and state agencies by fowarding copies of this Resolution. On motion of Councilman Bond , seconded by Councilman Dunin , and on the following roll call vote: R 4157 Resolution No. 4157 (1980 Series) AYES: Councilmembers Bond, Dunin, Billig, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of May , 1980. ATTEST: City c .H. Fitzpat Approved: City Admini tr ive Officer City'Attorney 0, y i RESOLUTION NO. 4156(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETTA 11 THE CITY AND ALLAN R. OCHS FAMILY TRUST AND RICHARD D. OCHS CONVEYING TO CITY 1800 SQUARE FEET ALONG SWAZEY STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Allan R. Ochs Family Trust and Richard D. Ochs 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: Allan R. Ochs Family Trust and Richard D. Ochs, Director of Public Services 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 adopted this 6th day of May , 19 80. ATTEST: CITY J. H. FITZPATRICK R 4156 Ai ROVED: City Administrative ficer City Attorney �!r Director of Public Services AGREEMENT This agreement, made and entered into this 6th day of 1980, by and between ALLAN, R. OCHS FAMILY TRUST and RICHARD D. OCHS (hereinafter, "Ochs ") and the CITY OF SAN LUIS OBSIPO (hereinafter "City "), a municipal corporation of'California: WITNESSETH: 1. Ochs shall convey to City 1800 square feet.(0.042 acres), more or less, lying along Swazey Street, as shown on Exhibit A, attached hereto and incorporated herein by this reference. 2. Ochs shall construct necessary curb and gutter on westerly, side of cul -de =sac between proposed catch basin (to be installed by City) and the adjacent northerly property (Minor Subdivision 79 -186) as indicated on the attached Exhibit A. The remainder of the frontage improvements adjacent to Ochs' property will be required when the property is further developed or when deemed necessary by the City Engineer due to drainage problems. Sidewalk is waived on the westerly side of the cul -de -sac as not being practical due to physical. constraints. 3. City shall provide all necessary engineering, relocate utilities and install drainage improvements as necessary and paveout the street to the new gutter line. 4. City shall abandon that portion of Swazey Street, southerly of the right -of =way necessary to provide a 34: -foot radius cul =de -sac, as shown on Exhibit A. Processing of abandonment proceedings shall be done by City at no cost to Ochs. 5. On- street parking shall be denied by City within the cul -de- sac area until redevelopment of Ochs property. 6. City shall quitclaim portion of Lot 14, Ingleside Homestead Tract to Ochs (Block 187B).. 7. Ochs shall grant an easement to City over the south 10 feet of Lot 12, Ingleside Homestead Tract for drainage purposes. 8. The existing structure located within the new street right- of-way shall be allowed to encroach until redevelopment of the property. 9. Lots 12, 13 & 14 must not be built upon or otherwise improved unless they become part of an adjacent conforming parcel6k a,910- wV RESOLUTION EXHIBIT "A" Richard D. Ochs ATTEST: SUN. WZPATRI ,K CITY CLERK J.H. FITZPATRICK APPROVED: CITY ATTORNEY /CITY- -ENGINEERI r C ALLAN R. OCHS FAMILY TRUST Qffa4e6, R9. a,&,ro 7f�� Allan R. Ochs, Trustee '/71 g. (D Mary I. Oc s, Trustee CITY OF SAN LUIS OBISPO S/LYNN R. COOPER MAYOR LYNN R. COOPER RESOLUTION EXHIBIT "A" ft` l r , >. a. � ::.�' NX 4i� TR4.k Lyl Lo �r i 15 - - f4' ��q• I 1 N I \ V\ DUE WEST DUE WEST (fYP.� m iii M Cn � 6 Z p -� a o p 6, = O A m 2 tN ro � rn �A r 0 0 Z �a o 1p o io' 6 m , A co � O I, ^zJ V r 3 i y• RECORDING REQUESTED RY City Clerk's Office 990 Palm St., San Luis Obispo, CA AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHE WISE SHOWN BE-LOW. MAIL TAX STATEMENTS TO: NAME r-City Clerk's Office ADDRESS '990 Palm Street ctTY a San Luis Obispo, CA 93401 STATE ZIP 1 Title Order No. Escrow Nu. I SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 03- 652 -12 GIANT DEED The undersigned declares that the documentary transfer tax is ................ ................................................................ and is ❑ computed on the full value of the interest or properly conveyed, or is 0 computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in ❑ unincorporated area -- -- --- ------ ------ ------- - --- -- and 0 city of ..... ............- -- - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,. Allan R: Ochs Family Trust hereby GRANT(S) to the City of Salt Luis Obispo, a municipal corporation, the following described real property in the City of San Luis Obispo county of San Luis Obispo state of California: See attached Exhibit "A ". ALLAN R. OCHS FAMILY TRUST Dated 3 -12 -80 Allan R. Ochs (trustee) Mary I. Ochs (trustee) STATE OF CALIFORNIA 1. SS. COUNTY OF San_Luis_Obispo - -( on_�iar_cr,_12_.1�8.0 -- i,erore me. the ttl�,i,•I sicned, a. Notary Public in and for said County all,] Stale, pei:amall% at eared —A3—R- Ochs —.Mares I, Uchs _ known to n,e to he the person S _%'hose name_- arexub,r•ri6ed to tin! tcilliin instrument. m J /ack- no,rledged [flat Y cvetrltted Ih(: same. - SicnaUlre of Notary Therese Stanley J MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOV ING LINF. FOR NOTARY SEAL OR STAMP _ t ;A THERESE STANLEY N ARY PCnLIC s$:• SAKI LUiS OBISPO COl1M 6ALi:-ORUTA My Commission Expires on September 3, IM Assessor's Parcel No.. IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name - - - Street Address City S State. L -1 (G'.S.) - (Rev.. 4 -75) 8 pt. _ U "EXHIBIT A" This portion of Block 187B of the Ingleside Homestead Tract, City of San Luis Obispo, as recorded in the office of the County Recorder, County of San Luis Obispo, in Book A of Maps at page 132, on October 11, 1887, described.as follows for Parcels 1, 2, and 3. Parcel 1 Beginning at the northeasterly corner of Lot 12, Block 187B of the above described Ingleside Homestead Tract; the true point of beginning.; thence South along the easterly line of Lot 12,. also being the westerly R/W line of Swazey Street, a 30 -foot street, a distance of 50 -feet, more or less, to the southeasterly corner of Lot 12; thence West along the southerly line of Lot 12 a distance of 22.60 feet to a point; thence northerly along a circular curve concave to the east having a radius of 34.00 feet and a radial bearinci, at the last described, point, North 43 057143" East through a central angle of 91041'50" and an arc length of 56.19 feet to a point on the northerly line of Lot 12;. thence East along the northerly line of Lot 12 a distance of 22.46 feet more or less to the true point of beginning. Parcel 2 Beginning at the northeasterly corner of Lot 13, Block 187B of the above described Ingleside Homestead Tract, the true point of beginning; thence South along the easterly line of Lot 13 also being the westerly R/W line of Swazey Street; a 30 -foot street, a distance of 9.:52 feet to a point; thence westerly along a circular curve concave to the north having a radius of 34.00 feet and a radial bearing at the.last described point of North 1041'07" East through a central.angle 42016'36" and an arc length of 25.08 feet to a point on the northerly line of Lot 13; thence East along the northerly line of Lot 13 a distance of .22.60 feet more or less to the true point of beginning. Parcel 3 An easement for drainage purposes over the southerly 10 feet of Lot 12 (except that portion within S.P.R.R. R /W). f I. U RECORDING REQUESTED,_ City Clerk's Office J\ �i" 99Q.Palm St., San Luis Obispo, CA AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER -I WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: NAME F City Clerk's Office ADDRESS 990 Palm Street CITY s San Luis Obispo, CA 93401 STATE zip L Title Order No. Escrow No. - - - _ SPACE ABOVE THIS LINE FOR .RECORDER'S USE APN 03- 653. -13 GIANT DEED The undersigned declares that the documentary transfer tax is S ................................................... ............................... and is ❑ computed on the full value of the interest or property conveyed. or is ❑ computed on the full value less the value of liens or encumbrances remainin_ thereon at the time of sale. The land., tenements or realty is located in ❑ unincorporated area city of .....:S3n..Luis.. Obispo . ........ ----° ---- -- ---------- - ----- ---- ---- and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RICHARD D. OCHS hereby GRANT(S) to the CITY OF SAN LUIS OBISPO, a municipal corporation, the following described real property in the City of San Luis Obispo county of San Luis Obispo state of California: That portion of Lot 9; Block 12 of the Buena Vista addition to the City of San Luis Obispo, as recorded in the office of the County Recorder, County of San Luis Obispo, in Book A of Maps at page 47 on October 20, 1887, described as follows: Beginning at the northwesterly corner of the above described Lot 9, the true.point of beginning; thence South along the westerly line of Lot 9, also being the easterly R/W line of Swazey Street, a 30 -foot street, a distance of 32.75 feet to a point; thence northerly along a circular curve concave to the west having a radius of 34.00 feet and'a radial bearing at the last described point of North 58032'00" West through a central angle of 31028'00" and an arc length of 18.67 feet to a point; thence North a distance of 15 feet, more or less, to a point on the northerly line of Lot 9; thence West a distance of 5.00 feet to the true point of beginning. Dated RICHARD D. OCHS STATE OF GV_IFORNIA COUNTY oF_San_Luiw Obispo J Oil march 12 198.0 __ lijore nl,% a e Ilnder- si.aned, a Notary Public in and for said County and Stati:. per�onally appeared _R__ich_ard_D._ Oche . known to me to be, the person— __wlmsc ribed to dice itllin instrunu:nt and aeknulaledged that— e executed the sanw- / 1 \\ tit, 1 / r / Signature of Notary Therese Stanley i FOR NOTARY SEAL. OR STAMP j.. THERESE STANLEY lam- NOTARY PUBLIC SAN LUIS 0�ajpa COUNTY kly Commission Expires on September 3 1983 :Assessor's Parcel No ............................................. MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN. MAIL AS DIRECTED ABOVE Name Street Address City 8 State L -1 (G.S.) (Rev. 4 -75) 8 PL �. City Council Minutes February 6, 1979 Page 10 � 13.) Communication from Allan R. Ochs, 1401 Chorro Street, with suggestions G -for improvements to the pr000sed Swazev Street pavin ^,_plans, was referred to the city staff for inclusion in those plans. i ? On motion of Councilman Settle, seconded by Councilman Dunin, the matter was referred to staff for review and inclusion into the plans. t Motion carried on the following roll call vote: i AYES: Councilmen Settle, Dunin, Jorgensen and Petterson NOES: None ABSENT: Mayor Schwartz 14. On motion of Councilman Jorgensen, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 3765, (1979 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement between the city and Grass.Roots II to support its program through June 30, 1979. . (.$21,913 00) Passed and adopted on AYES: Councilmen NOES: None the following roll call vote: Jorgensen, Settle, Dunin, and Petterson ABSENT: Mayor,Schwartz 15. A proposed "presentation by W. Andrew Baldwin,, Legal Director for Friends of the Earth, regarding new data concerning - Diablo Canyon Nuclear Power Plant was continued to later in the meeting if he were to arrive. 16. On motion of Councilman Dunin,.seconded by Councilman Settle, plans. �.z and specifications for DRAINAGE CHANNEL LINING (OLD GARDEN CREEK), CITY PLAN NO. C -20, Felton Way`to north of Highland Drive, total cost including contingencies and engineering fees $139,343.00, ($110,000 budgeted in the 1978/79 budget), were approved and the staff was authorized to call for bids. Motion carried on the following roll call vote: AYES: Councilmen Dunin, Settle, and Petterson NOES: Councilman Jorgensen ABSENT: Mayor Schwartz 17. On motion of Councilman Jorgensen-, seconded by Councilman Dunin, plans and specifications for SANTA ROSA PARK AND SANTA ROSS STREET SEWER, CITY PLAN NO. C -16, bid estimate $45,595 including contingencies; City's cost $30,595; Developer's cost $15,000, were approved and the staff was authorized to call for bids. Motion carried on the following roll call vote:• AYES: Councilmen Jorgensen, Dunin, Settle, and Petterson INOES: None' ABSENT: Mayor Schwartz 18. At this time the City Council considered the following recommendations of the City's Mass Transportation Committee. •'t follows: RESOLUTION NO. 41511980 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF SWAZEY STREET ADJACENT TO SOUTHERN PACIFIC RAILROAD RIGHT -OF -WAY 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 a portion of Swazey Street adjacent to Southern Pacific Railroad right -of -way 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, June 3, 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 timeiis not less than fifteen ('15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full, at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The city engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with section 8322 of the Streets and Highways Code. SECTION 6. The proceedings to be taken will be subject to reservations by the city of public easements for utilities as shown on map marked Exhibit A attached. R 4155 Resolution No. 4155 Page 2 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 adopted this 6th day of 1980. ATTEST.: City rc J.H. Fitzpatrick A 7 r ved as to form: City Attorney Approved as to content: City Administrative Officer City EfikinZer Community Pevelopmltt Director- C J r c Co I 6� � W a Z d S. W �N oz gd. Q W Qof d:�fy F N 0 � °N � J 0 v� �� t Q -gyp U N "; <;;'• °. W • 1Lr o` Q z Q Q Q oho ZI W Lij F Q N Q 0 h O (^� N v 1'' W Z m w� D r ; cc I in W Q Q \ S m 'd /v1) 1 3010 I - . ° d N ° C C J r c F � z Q S. W �N gd. Q W d:�fy F �N 0 � °N � T3 v� t C J r c F � s Q d:�fy F �N Q -gyp U N "; <;;'• °. W • 1Lr o` Q z Q Q Q oho C J r c RESOLUTION NO. 4154 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AND GEORGE S. NOLTE AND ASSOCIATES, CIVIL AND ENVIRONMENTAL ENGINEERS, FOR DESIGN PLAN AND DRAFT AND FINAL ENVIRONMENTAL IMPACT REPORT FOR SAN LUIS OBSSPO CREEK FLOOD CONTROL MODIFICATIONS BETWEEN MADONNA ROAD AND MARSH STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and George S. Nolte and Associates, for design and environmental report on San Luis Obispo Creek between Madonna Road and Marsh Street..is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this Resolution and a copy of the executed Agreement approved by it to George S. Nolte and Associates and the Public Services Department. On motion of Councilwoman Billig , seconded by Councilman Dun-in and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of May , 1980. ATTEST: r - CITY Z S.H. FITZPATRICK R 4154 Resolution No. 4154 (1980 Series) APPROVED: City Administ i Officer 16(41 City Attorney * * * * * * * * * * * * r CONSULTING SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 6th day of May_ , 1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of California, hereinafter "City ", and GEORGE S. NOLTE AND ASSOCIATES of San Jose, California, hereinafter "Consultant ". WITNESSETH: WHEREAS, City desires to retain certain services in conjunction with a preliminary design plan and draft and final environmental impact report for San Luis Obispo Creek Flood Control Modifications between Madonna Road and Marsh Street and, WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience for performing such serv- ices, and Consultant has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual convenants, the parties hereto agree as follows: 1. PROJECT COORDINATION. (a) City. The City Engineer shall be the representative of the City for all purposes under this agreement. The City Engineer or his designated representative hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of this agreement. -1- (b) Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this agreement for Consultant. James R. Schaaf hereby is designated as the Project Manager for Consultant. Should circumstances or conditions subse- quent to the execution of this agreement require a substitute Project Manager for any reason, the Project Manager designee shall be subject to the prior written acceptance and approval of the City Engineer. Consul- tant's Project Team is further described in Exhibit "A" attached hereto and incorporated herein by this reference. The individuals identified and the positions held as described in Exhibit "A" shall not be changed except by prior approval of City. All presentations before the City Council shall be made by James R. Schaaf or his City - approved substitute. 2. DUTIES OF CONSULTANT. (a) Services to be furnished. Consultant shall provide all specified services as set forth in Exhibit "B" attached hereto and incor- porated herein by this reference. (b) Laws to be Observed. Consultant shall: (1) Procure all business permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by Con- sultant under this agreement; (2) Keep itself fully informed of all existing and proposed federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; —2- (3) At all times observe and comply with, and cause all of its employees, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the City's Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordin- ances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, informa- tion, data, or other material given to, or prepared or assembled by, Con- sultant under this agreement shall be the property of City and shall not be made available to any individual or organization by Consultant without the prior written approval of the City's Project Manager. (d) Copies of Reports and Information. If City requests addi- tional copies of reports, drawings, specifications, or any other material in addition to what Consultant is required to furnish in limited quantities as part of the services under this agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consultant's direct expense. (e) Qualifications of Consultant. Consultant represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY. City agrees to cooperate with Consultant and to perform that work described in Exhibit "C" attached hereto and incorporated by this reference. -3- 4. COMPENSATION. The Consultant will perform the work in two stages as described in Exhibit B. Consultant will bill City on a percent = complete basis every four weeks and will include a progress report letter with the bill. City will pay each bill within 30 days of receipt, but will retain ten percent (106) of the Phase I costs until the Phase I products have been accepted. Simi- larly, for Phase II, City will pay each submitted bill but will retain ten percent (10 %) until acceptance of the Phase II products. The amount of Phase I will be $15,500. The amount of Phase II will be $36,500. Additional meetings will be charged on a time and materials basis according to the standard charge rate schedule as shown in Exhibit D. 5. TIME FOR COMPLETION OF THE PROJECT., Phase I shall be completed within four months of Notice to Pro- ceed. Phase II shall be completed within five months after completion of Phase I. Time extensions may be allowed for delays caused by City, other governmental agencies, or factors not directly brought about by the negli- gence or lack of due care on the part of the Consultant. -4- 6. TEMPORARY SUSPENSION. The City Engineer shall have the authority to suspend this agree- ment, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of Consultant to perform any provision of this agreement. Consultant will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION. (a) Right to Suspend or Terminate. The City retains the right to terminate this agreement for any reason by notifying Consultant in writing seven (7) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant services which are of bene- fit to City. Said compensation to be arrived at by mutual agreement of the City and Consultant and should they fail to agree, then an independent arbitrator is to be appointed and his decision shall be binding upon the parties. (b) Return of Materials. Upon such termination, Consultant shall turn over to the City immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant,, and for which Consultant has received reasonable compensa- tion, or given to Consultant in connection with this agreement. Such materials shall become the permanent property of City. Consultant, how- ever, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contem- plated by this agreement. -5- r £� . ECT10N. Consultant shall furnish Clty with every reasonable oppor- tunity for City to -ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City Project i.anager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 9. 0;- N- RS?iI? 01 MATERIALS. All original drawings, plans and other materials prepared by Consultant pursuant to this agreement shall become the permanent nroperty of the City. 10. INIDEPEZ:DENT jU- DGi•IED1T. railure of Citv to agree with Consultant's independent findings, conclusions, or recor^miendatlons, if the same are caller for under this agreement, on the basis of differences in matters of judgment shall not be construed as a failure on tine par's of Consultant to meet the requirements of this agreement. 11. ASSIG_:ivIEN T ; SUBCONTRACTORS; a PLOYEES . This,agreemert is for'the performance of professional consulting engineering services of the Consultant and is not assignable by the Consultant without prior consent of the City in writing. The Consultant may employ other specialists to -per- .r m special services as rccquircd with prior approval Jy the City. All such services shall be actually p­rforn:ed by or shall be i.Llediately supervised by an engineer or consultant licensed to practice In the annroprlate field by till: State of - Califor::la. 12. NOTIC .S. All notices i:ereundor shall be given in %- rriting and mailed, postage prepaid, by certified mall, addressed as folli.ws: To City: Office of the City Clerk City ofd� San Luis Obispo L P. 0. oll 321 San Luis Obispo, CA 93406_-_ . To Consultant: 13. I:17TEREST OF CONSULTANT. George S. Nolte & Associates 1731 North First Street San Jose, CA 95112 . Consultant covenants that it presently has no interest, and shall not acquire any interest; direct or indirect, financial or otherwise, which would conflict in any manner or degree with tie performance of the services hereunder. Consultant furti7Lr covenants that, in tii.'_ performance of this agreement, no subcontractor or person having such an interest shall be employed. Consultant certifies that no one who has or will have any financial interest under t7is agree:,,ent is an officer or etiployee of City. It is exoressly agreed that, in the performance of the services here- under, Consultant shall at all times be deemed an independent contractor and not an agent or emplo,ee of Cit 14. INDEI- INITY. Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and frorq: (1) Any and all claims and demands which may be made against City, its officers, agents, injury to or death of any person or by any person or corporation caused Sion of Consultant under this agree emplcyac-•a or agents; or er•.,? damage by any nent or Loyeos by reason of anY suffered or sustained nec:li gent act or omi s- of Consultant's (2) Any and all damage to or destruction of the prorerty of City, its officers, ay'erit5, Or eT010Ve ^_S' OCCUp1�?d Or used by or in the care, custody, or control of Consultant, or in proxirlllty to the site of Consultant's v.ori:, caused by anv negl4- gent act or omission of Consultant under this agreement or of Consultant's em-ployces or agents; (3) ,env and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or suatalnea by any employee or agent of Consultant under this agreement, however caused, excepting,. however, any such claims and demands t:hicih are the result of the negligence or willful misconduct of City, its officers, agents, or employees; (4) Any and all claims and demands v hich ^.ay. be mace against City, its officers, agents, or eiaployecs :;1, reascn of any infringement or alleged infringement of any patent rlcf,lts or claims caused by the use of any apparatus, appliance,.or materials =rished by Consultant under this agreement; aril-; (5) Any and all penalties imposed or damages sought on account o.the violation of'any law or regulation or of any terms or condition of any permit, when said violation cf any law or regulation or of any term or condition of any permit is due to negligence on the part of the Consultant. Consultant, at its own cost, expense, and ris shall defend any and all suits, actions, or other local oroccedings that may be brought or .instituted by third persons against City, its officers, agents, or emolovees on anv such claim or demand of such tihird oersons, or to enforce any such penalty, and _:av ai:d i • satisfy any juClgmont or decree tt:at may :De ren(:ercd. aciainst City, its officers, agenLs, or er.;ployeos in, any such sui'%, action, or other legal proceeding, when sam.a : ;as due to t;:O nc licon•cz of the Consultant. 15. ;':0;?:CE °.S' COMPENSPTIOiJ. Consultant certifies that it is aware of the Provisions of the Labor Code of the State of California, which require every em_.;loyer to be insured against or to undertake self- insurance of that code, and it certifies visions before commencing the agreement. .liability for in accordance that. it will performance of workers' co: --nsati cn with the Provisions comply witil such oro- the work of this At the -request of the City Engineer, Consultant Sn =1 provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City En:ineer.. 17. -.GREEi.1EdT BINDING. The ter ls, covenants, and conditions of this acree^:ent shall apply to, and shall bind; the heirs,.successors, e: :ecutors, administrators, assigns, and subcontractors of both parties. 8. - ;;AIVERS . The waiver by either party of any breach or violation of an%T terI ^, covenant, or condition of 'tills agreerlent or of a nv provision, ordinance, or law Shall not be dee -med to be a "•]ai':ar Of any subsequent breach Or violation of the sable or of any other term, covenant, condition, ordinance, or law. Tile subse ^uent acccot -a: C by oit er party of any fee or oLher moncy -which maY become due iner.eun:der shall not..be deemed to be a ?aiv r of any p r c edln j breac:i or violation by the other arty of and term, covenant, or. condition of this agreement or of any applicable law or ordinance. 19. COSTS ADD ATTO'1 -NE'_" S FEES'. T:ne prevailing party in any action bet�racn tl:e parties to this, agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable cost -s and attorneys' fees expended in connection with such an action from the other party. 20. N6_'IDISC::I2i1NATIGN. ,No disc:_minat:ien shall be made in the employment o= persons under t--is agreement because of tine race., color,, naL'_onal origin, ancest?='F, religion .or sex of such person. If Consultant is found in violation of the nond- scrimina= Lion Orovbslons of the State of CalifOL ^.13 Fair EmplOyMeint Practices Act or sirlilar provisions of federal law or executive order in the performance oj. this agreement, it shall there :Jy be found in rateric1 breach of thSS agreement. Thereuoon, City shall have the power to cancel or suspend this agreement, in wiiola or in. cart, or to deduct from the amount pavable to Consultant the sum of ltenty -five Dollars ($25). for each person for each calendar day during t,ri.ich such person was diSCrimiiiatC' against, as daIrtag,?s for said breach of contract, or both. Only a finding of ti:e State Of California '''air Employment Practices Coi- miission or tl e equivalent federal agency or officer shall constitute evidence of a ViolatiCln of contract under this paragraph. Tt Consultant is :round in viola Lien o 1 the non 0,4 -(_r nat'_On provisions of this agreemont or 'the applicable of ir",ative action guidelines pertaining to this agreement, Consultant small be found in material breach of this agreement.. Ti:creupon, City shall have the power to cancel or suspend this agreement, in 41hole or in part, or to deduct from the amount payable to Consultant t- -e sum of T,117e I -iu: cured Fi ft i Dollars ($250) for each . calendar da••i durinc �-.hich Consultant is found to have been in such noncompliance as darages for said breach of contract, or both. 21. AGP.EEi1iENT CONTAINS ALL UNDERSTi ,1DINIGS . This document rc:aresents the entire and _integrated agree- went bet.ieen City and Consultant and supersedes all prior negotia- tions, . representations, or agree*;:ents, either written or Oral. This doc=cnt may be amended only by written instrument, sic ned b_. botn Ci t-. and Consultant. All provisions of this agree 'a _t i? exnressl�, made conditions. This agreement shall be governed by the laws of the State of California. I i :•iIT'rIESS WHEREOF, City and Consultant have executed this agreement the day and year first above written. GEORGE S. NOLTE & ASSOCIATES BY: B ATTEST: r City Cle J. Fitzpatrick CITY Ot SAN LUIS OBISPO r Lynn x. ''EXHIBIT A'' City of San Luis Obispo Project Manager J. Schanz Design Environmenwil Team Laader Team Lanier C. Xahr I T. ";,pit Staff Resources OL: Ocorge S. Nolte and Associawesl MY Contra! Coast lasc raw ric ft ''EXHIBIT A'' EXHIBIT B - SERVICES TO BE FURNISHED The work shall be accomplished in two phases. Phase I shall be.a feasibility -type investigation which shall result in the determination of the most cost - effective design criteria for flood control improvements on San Luis Obispo Creek. The study reach will be from the confluence with Stenner Creek downstream to the improved channel section near the Sewage Treatment Facility. Phase II shall be a preliminary design of the flood control improvements in the study reach using the design criteria determined in Phase I. Specific work items are denoted below. Specific work items to be performed by the City are described in Exhibit C. Phase I 1. Make the HEC -2 model available to the City. 2. Train two staff engineers in the use of HEC -2. Two formal half - day training sessions will be held in the City. At the City's option, up to three more persons will be allowed to attend these sessions. Sessions will be held one.week apart and will be held within thirty (N) days of notice to proceed. B -1 F After the two formal training sessions, the two designated staff engineers will be permitted an over - the - shoulder.review of the on -going HEC -2 work. A minimum of ten different HEC -2 runs will be explained to these staff engineers. All such training runs shall be made from the City. It is anticipated that these staff engineers will run the HEC -2 pro- gram on test problems. Consultant will critique these runs as part of the training process. Consultant will not expend more than eight (8) hours in such critiques. 3. The HEC -2 decks used for the Flood Insurance Study will be obtained. Flow rates used for the flood Insurance Study and the Corps Planning Study will also be obtained. 4. Determine the flow rate - frequency curve to be used in the design criteria. 5. Determine the existing capacity of the creek and the existing level of protection along the study area. Relate the level of protection to that of the "under -city culvert ". 6. Interface with City staff to provide a high level of coordination between the flood control plan and other planning efforts related to recre- ation, traffic and public facilities and utilities in the study reach. B -2 7. Five alternative levels of protection shall be investigated; no project, i.e. existing level;.identical to level of "under -city culvert "; 50 -year level; 100 -year level; and one.using no creek work but using other types of protection. With each study, consultant shall submit program and costs to mitigate flooding to provide 100 -year protection to private prop- erty by non - structural methods. These five shall be presented.to City staff for their review. 8. The five alternative levels of protection shall be evaluated. A matrix will be developed showing the following attr- ibutes of each alternative: a. Cost Estimate b. Level of protection with and without an upstream flood control dam. c. Area subject to flooding from the 100 7year flood. These areas will also be shown on 1" =200` topographic maps. d. Environmental costs to both natural and human environments. e. Potential compatibility with other City plans. 9. A short report containing the procedures followed and explaining the results of the evaluation shall be prepared. B -3 10. A pre -draft report and the evaluation matix will be presented to the City staff for their review. 11. The draft report will be presented at a City Council workshop. 12. Comments received during this presentation will be considered and a recommended level of protection will be transmitted for City Council consideration at a public meeting which will be attended by the Consultant. Phase II All preliminary designs in this phase will use the level of protection determined in Phase I. 1. Environmental constraints will be determined before any alterna- tive channel configurations are conceptualized. These will be transmitted to City staff in a letter report. 2. A number of alternative channel configurations will be conceptua- lized. After meeting with City staff, three alternatives made up of vari- ous configurations will be selected for detailed analysis and preliminary design. 3. Preliminary designs will be completed for the entire study reach. B -4 CC 4. The results of the preliminary design(s) will be shown in plan on the 1 " =40' reproducible photo maps. Also, an invert profile will be provi- ded as will cross - section views at approximately six key locations for each design. 5. During conceptualization of alternatives and the preliminary design process, environmental factors will be considered so that mitigation measures will be included in the final preliminary designs. 6. During the preliminary designs, consideration will be given to access roads and landscaping features. If possible, and if in accord with other City planning efforts,-trails and other aesthetic and recreational improvements will be considered. 7. Right -of -way cost estimates will generally be based on assessor's information adjusted by a qualified person familiar with appraisal work. City will furnish to the Consultant the appraisal work it has had done in the work area for the adjustment. 8. The final product will consist of the items outlined in 4 above and a short report which describes the channel configurations.; provides cost estimates; and discusses environmental mitigation measures included in the preliminary designs. B -5 9. A pre - draft report will be presented to City staff for their review. A draft report including staff comments will be presented at one City Council work session and one public meeting. City Council will select the acceptable alternative.. Upon selection, 25 copies of the report will be produced. 10. A camera -ready draft EIR will be prepared for City printing and distribution. The draft EIR will be presented at two City Council meet- ings. All responses to public comments will be prepared by the Consultant. B -6 EXHIBIT C - DUTIES OF CITY City shall provide 1 " =40' photos in reproducible form to Consultant within ten (10) working days after notice to proceed. City shall also provide reproducible 1" =200' topographic maps covering the study area within ten (10) working days after notice to proceed. City shall provide all announcements and make all arrangements for workshops and public meetings. C -1 EXHIBIT D - BASIS OF PAYMENT GEORGE S. NOLTE AND ASSOCIATES Hourly Charge P.ate.s Personnel Charges Charges for personnel engaged in professional and /or technical work are made for the actual hours directly chargeable to the project. Current rates by classification are listed below. Office Services Technical Typing /Clerical, S16.00 /hour Administrative Technician $19.50 /hour Draftsperson $24.50 /hour Senior Draftsperson S32.00 /hour Computer /Design Draftsperson S35.00 /hour Junior Engineer /Junior Planner. 527.50 /hour Asst. Engineer/Asst. Planner $34.50 /hour Assoc. Engineer /Assoc. Planner S39.50 /hour Senior Engineer /Senior Planner $46.00 /hour Engineering Manager /Planning Manager $52.00 /hour Principal's time is chargeable at S56.00 per hour. Court appearance time as an expert witness i.s changed at a minimum of eight hours. Field Services Three -`fan Field Party Two -Man Field Party, Chief of Surveys Construction Manager Resident Engineer Inspector Materials and Outside Services $111.00 /hour $ 78.00 /hour $ 46.00 /hour $ 46.00 /hour S 39.00 /hour 8 34.50 /hour Sub - Contractors. rental of.special equipment, special reproductions and blueprinting beyond normal requirements, outside data processing and computer services. etc., will be charged at 1.25 times the cost. These rates have been established in accordance with the Federal Wage Price guidelines and are subject to revision semi- annually. Revised 7/1/79 D -1 GEORGE S. NOLTE .%VD ASSOCIATES �:u d.uul tmirun.,nU Rn....... • i'Innm r, • iur ........ RESOLUTION NO. 4153(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING ADDITIONAL TIME TO FILE FINAL MAP FOR MINOR SUBDIVISIO14 78 -131 WHEREAS, the subdivider of Minor Subdivision 78 -131 has requested an extension of time to complete the final map; and WHEREAS, the City Council determined that the time extension is justified to complete subdivision improvements, NOW, THEREFORE,.BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. A second six -month time extension for the filing of the final map for Minor Subdivision 78 -131 is hereby granted. Said extension expires on September 26, 1980., SECTION 2. The conditions of approval-contained in Resolution No. 3679 are hereby incorporated into and made a part of this time extension. On motion of Councilman Dunin and on the following roll call vote: seconded by Councilwoman Billig , AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted 1980. ATTEST: City C1 Fitzpatrick th day of May R. R 4153 Resolution No. 4. Page 2 APPROVED: City Ad "'istrative Officer City Attorney Community Devel r ent De tnent' M RESOLUTION NO. 399.7 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING ADDITIONAL TIME TO FILE FINAL MAP FOR MINOR SUBDIVISION 78 -131 WHEREAS, the subdivider of Minor Subdivision 78 -131 has requested an extension of time to complete the final map; and WHEREAS, the City Council determined that the time extension is justified to complete subdivision improvements, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. A six -month time extension for the filing of the final map for Minor Subdivision 78 -131 is hereby granted. Said extension expires on March 26, 1980. SECTION 2. The conditions of approval contained in Resolution No.. 3679 are hereby incorporated into and made a part of this time extension. On motion of Councilman Dunin seconded by Councilman Jorgensen , and on the following roll call vote: AYES: Councilmembers Dunin, Jorgensen, Billig, Bond and Mayor Cooper NOES: None ABSENT. None the foregoing resolution was passed and adopted this 16th day of October , 1979. ATTEST: s /J.H. rITZPATRICK City Clerk J.H. Fitzpatrick s/LYNN P. COOPS Mayor Lynn R. Cooper R 3997 C7, Resolution No. 3997 MS 78-131 Page 2 APPROVED: City Adminis-trAtive Officer City Attorney 8&14e2ve Community Development Department RESOLUTION NO. 4152 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND WHEREAS, the Legislature of the State of California has enacted the State Litter Control, Recycling and Resource Recovery Act which provides funds to certain entities for litter cleanup, litter law enforcement, litter education, and purchase of litter receptables; and WHEREAS, the State Solid Waste Management Board has been delegated the responsibility for the administration of.the program, setting.up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Solid. Waste Management Board require the applicant to certify the approval of applications prior to submission of said applications to the state; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Approves the filing of an application for funding under the Litter Control, Recycling and Resource Recovery Fund; SECTION 2. Certifies that said agency understands the general provisions of the grant agreement; SECTION 3. Authorizes the County of San Luis Obispo as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents including but not limited to applications, grant agreements, amendments and payment requests, which may be necessary for the completion of the aforementioned program until June 30, 1981. On motion of Councilman Dunin , seconded by Councilwoman Billig and on the following roll call vote: AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None R 4152 `f Resolution No. 4152 (1980 Series) the foregoing Resolution was passed and adopted this 6th day of May , 1980. ATTEST: CITY CL .H. FITZPATRICK APPROVED: City i istrative Officer City Attorney RESOLUTION NO. 4151(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETkTEEIi THE CITY AND JONES, HALL, HILL & WHITE TO ASSIST THE CITY IN THE PARKING ASSESSMENT PROGRAM 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 Jones, Hall, Hill & White 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: Jones, Hall, Hill & White, Finance Director On motion of Councilwoman Billig , seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilwoman Billig,.Mayor Cooper., Councilmembers Dunin and Munger NOES: Councilman Bond ABSENT: None the foregoing Resolution was passed and adopted this 6th day of 1980. ATTEST: CITY Z J.H. FiTZPATRICK R 4151 AiiROVED: City A s a ve Officer City Attorne Finance Director JONES HALL HILL & WHITE ATTORNEYS AT LAW KENNETH I. JONES 2250 UNION BANK BUILDING ANDREW C. HALL.JR. 50 CALIFORNIA STREET.. ROBERT J. HILL. - - SAN FRANCISCO 94111 SHARON STANTON WHITE ROBERT G. AUWBREY _ (415) 391 -5780 CHARLES F. ADAMS STEPHEN R.CASALEGGIO April 7, 1980 The Honorable City Council City of San Luis Obispo San Luis Obispo„ California Re: Downtown Parkinq Assessment District Members of the. Council: For the above project, to be financed by special assessment and assessment bond proceedings, we agree to represent and serve you as herein provided. 1. Consult with you and your administrative officers and assist in the formulation of a coordinated financial, engineering and legal program for the project. 2. Confer with your engineers as to the sufficiency of the Engineer's Report to be prepared in said special assessment and assessment bond proceedings to meet the requirements of law and review said report for compliance with law, and provide such legal forms as may be required for legal adequacy. 3. Prepare all resolutions, orders, ordinances, notices, affidavits, petitions, reports and documents of a legal nature that are necessary for the conduct of an effective, legal assessment and assessment bond proceeding. 4. Prepare the necessary legal documents for and assist in obtaining the required consent or approval of any other public legislative bodies. 5. Prepare the form of statutory notices of hearing and prepare instructions as to the publication, posting and mailing of such notices to assure that jurisdiction is acquired at any public hearing. 6. Prepare instructions relating to the proper filing of the map showing district boundaries, the proper recordation of the assessment roll and diagram and the notice of assessment, the proper filing of the diagram in the County Recorder's office, and the proper publication and mailing of notices to pay assessments. Ar Al_- Honorable City Council City of San Luis Obispo April 7, 1980 Page 2 7. Prepare or supervise preparation and distribution of factual information regarding the project to the property owners affected thereby, to the end that all concerned are fully and fairly informed of the facts regarding the project, when deemed necessary or desirable. 8. Prepare for and attend all meetings of the City Council or other public bodies relating to the proceedings and other public or staff meetings deemed necesary for the proper conduct of the proceedings, or when called upon by you, 'including any public hearing in connection with the formation of the assessment district, and obtain and assist in the presentation of substantial evidence to support any findings made by the Council at the conclusion of any such hearing. 9. Prepare all resolutions; notices, bonds and contracts and prepare . instructions relating to the giving of notice inviting bids and of the award of contracts and the execution of all contracts and bonds for the construction of any works or improvements financed in said proceedings, and confer and advise with you and represent you during the performance of said work to its final completion and acceptance by you.. 10. Prepare the List of Unpaid Assessments upon expiration of the cash payment period and provide instructions as to the execution and filing thereof. 11. Prepare a Notice of Sale and review any Official Statement prepared by your financial consultant for the public sale of bonds. Our review of the Official Statement will include such services as we deem necessary to assure that full disclosure is made of all material facts in relation.to the legal aspects of the bond issue.. In the event that a private sale of the bonds is necessary or desirable, we will advise and consult with respect thereto and assist in making such sale. 12. Prepare and provide a receipt for the sale of bonds; a receipt for the proceeds of bonds; a signature certificate;. and an arbitraae certificate and bond counsel arbitrage opinion, if required, to accompany the deliver,' of the bonds. 13. Prepare and provide complete transcripts of the conduct of the financing proceedings if necessary to accompany the delivery of the bonds. 14. Provide the legal opinion of our office approving in all regards the legality of the proceedings for the authorization, issuance, sale and delivery of bonds, execution of contracts, levy of assessments, or other transactions relating to said financing conducted pursuant to our advice, r -.. t Honorable City Council April 7; 1980 City of San Luis Obispo Page 3 including our opinion that interest upon the bonds is exempt from Federal and State of California income taxes, which opinion shall inure to the benefit of the purchasers of the bonds. 15. Prosecute any actions deemed by us to be necessary for determining the validity of any bonds issued, contracts executed, or assessments levied, or of the law pursuant to which such proceedings • were conducted. 16. Confer and consult with City officials with regard to problems which may arise during the period of servicing and payment of the bonds. 17. Our compensation for such services shall be 2 -1/2% of the total assessment. The foregoing fee is payable and shall be paid solely from the proceeds of the assessments to be levied and bonds to be issued pursuant to said proceedings. In the event more than a single assessment district is formed for completion of the project, the foregoing fee shall be. applied to each district so formed. There are excepted from the services to be rendered by us for such fees, any services as right-of-way agent relating to the acquisition of lands, easements, or properties. There is also excluded any service to be rendered in eminent domain proceedings directed by you to be undertaken by us, or in any other litigation involving the City other than the prosecution of any validating suit deemed by us to be proper or advisable. Additionally, if we are requested to render substantial assistance relating to the application for federal or state grants or loans in connection with the project, or for the sale of any bonds to the state of California or the federal government, or to any agency, division, department or mandatory thereof, we shall receive the reasonable value of such services. For any excluded services which we are directed to render, compensation shall be made on a reasonable fee basis to be agreed upon. There are also excluded any clerical services and postage expended in mailing official notices of sale and official statements, notices of hearing or notices to pay or in the preparation of any bond register or auditor's record in any assessment proceedings when assumed and performed by us, for which services we are to be paid a reasonable clerical fee and be reimbursed for outlays of postage and other out -of- pocket expenses. i Honorable City Council April 7, 1980 City of San Luis Obispo Page 4 It is understood that neither this firm nor any individual representina this firm possesses any authority with respect to any decision of the City- Council or any City officials beyond the rendition of information, advice, recommendation, or counsel. This agreement may be terminated or modified by mutual consent at any time. Very truly yours, JONES HALL HILL & WHITE By Partn "r The foregoing agreement was accepted by motion of the City Council of the City of San Luis Obispo, duly adopted at a meeting thereof held on the 6th day of May 1980. CI 91 ATTEST: C' 14 r'T J.H. Fitzpatrick RESOLUTION NO.4150(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 -223, LOCATED AT LAUREL LANE AND SOUTHWOOD DR. A, .'6 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council previously made certain findings as contained in Resolution No. 4030 (1979 Series). SECTION 2. Whereas bonds in the amount of $45,000.00 ($30,000.00 faithful performance, $15,000.00 labor and materials) are on file with the City to guarantee completion of certain subdivision requirements as stated in the subdivision agreement. SECTION 3. Whereas water acreage and inspection fees in the total amount of $17,265.00 have been received by the City. SECTION 4. This Council grants approval of the Final Map of Minor Subdivision SLO -79 -223 and authorizes the Mayor to execute the agreement. On motion of Councilwoman Billig , seconded by Councilman Munger , and on the following roll call vote: 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. MAYOR P -TEM RONALD DUNIN ATTEST: C�LERX .H. FITZPATRICK R 4150 Resolution No. 4150 (1980 Series) APPROVED: City Administi^e ive c r LI City Attorney City En eer AGREEMENT THIS AGREEMENT, dated this 22nd .day of April 19 80 , by and between New world Investments herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City". _ W I T N E S S E T H: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California; description of which is shown on final parcel Map SLO -79 -223 located at 1055 Southwood Dr. City of San Luis Obispo, California ", as approved by the City Council, on the 22nd day 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 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion and.approval of such facilities by the City; each public utility shall be required to file a letter stating that the developer has prop- erly installed all facilities to be provided by him, and that the said utility is prepared to provide.service to residents upon request. 7. ANY $ ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be establshed by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30 ) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date; unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant.to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the following conditions establi shed by the Planning Commission and /or the City Council. 1. Subdivider shall install curb, gutter and sidewalk on all frontages to the satisfaction of Public Services. (Bonded) 2. Subdivider shall install street trees concurrent with the development of the respective parcels to the satisfaction of Public Services. (Bonded) 3. Existing tank on Parcel l shall be removed within 90 days from the date of approval of the final map. (Bonded) 4. Landscaping shall be installed by the Subdivider along both sides of the common lot line concurrent with the development of each lot and prior to the occupancy of any building. 5. Subdivider shall pay water fees of $17,017.00 (14.67 Ac @ $1160.00 /Ac). 6. Subdivider shall install two (2) ornamental metal electroliers along the Southwood Drive frontage to the satisfaction of Public Services. (Bonded) 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- r i / -The Subdivider hereby attaches hereto, and as an inte,ial part hereof,.and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of $ 30,000.00 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 completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails -to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 500 of the above described subdivision, improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $ 248.00 from which deposit the City.will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $ 248.00 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 A ' City Attorney George Thacher Sub. te" ider John Kin 23rd day of April 1980 Mayor Pr Tem Ronald Dunin City Engineer Wayne A. Peterson - 4 - Attest: ity Clerk J.H. Fitzpatrick FEES 1. $17,017.00 2. 248.00 $17,265.00 BONDS SUMMARY OF FEES AND BONDS - PARCEL MAP SLO 79 -223 CONTINUED FROM APRIL 15 TO APRIL 22,, 1980 Water acreage Inspection Total fees 1. $30,000.00 Performance Bond (covers installation of curb, gutter & sidewalk, two ornamental electroliers; 50 street trees; removal of water tank within 90 days of approval) 2. $15,000.00 Labor and materials $45,000.00 Total fees Recording Requested By: CITY OF SAN LUIS OBISPO When Recorded Please Return to: CITY CLEPXS .OFFICE City of San Luis Obispo P.O. Box 321 San Luigi Obispo, CA 93401 AGREEMENT CREATING EASEMENT FOR COMMON DRIVEWAY THIS AGREEMENT, between the CITY OF SAN LUIS OBISPO, a- municipal corporation (hereinafter referred to as "CITY ") and JOHN E. KING, J. EDMUND SMITH., CLIFF BRANCH (hereinafter referred to as "OWNERS ") . WITNESSETH: WHEREAS, OWNERS have an interest, either as owner or encumbrances, in the following described real property situated in the. City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: A common access driveway easement over the southerly 30 feet of Parcel 2 in favor of Parcel 1 of Parcel Map SLO 79 -223 WHEREAS, CITY, as a condition of said development, requires the creation of a common driveway easement to serve said Parcel 1 from Parcel 2 for the benefit of Parcel 1. NOW, THEREFORE, the parties hereto agree each with the other as follows: 1. OWNERS hereby dedicate an easement for a common driveway over Parcel 2 as described in the. attached map designated as Exhibit "A ", which is hereby incorporated in and made a part of this agreement. Said common drive- way shall exist in favor of Parcel 1 as shown on said Exhibit "A ". 2. OWNERS and future owners hereby agree to comply with the following terms and conditions: a. To equally participate in the improvement, maintenance, and repair of said driveway. b. Prohibit all parking on the common access portions. c. Agree, jointly and individually, to reimburse the CITY of San Luis Obispo for all costs connected with removal of vehicles from the common access portions, and will reimburse the CITY for, and hold the CITY harmless from, all final judgements against the CITY for damages or other liability arising from the enforcement of the aforesaid prohibition against parking. EE L) a E Q LL i L d ar `m T 0 0 E `o LL -z- d. OWNERS understand that the CITY cannot regulate vehicle usage or hazards upon said common access driveway and agree jointly and individually, to defend and hold the CITY harmless from all claims for damages or liability arising from the alleged failure of the CITY to regulate vehicles or to provide protection hazards upon said driveway. e. Repair any portion of said driveway that is damaged through the intention or negligent acts of said party, or parties, or his or their licenses and invitees. 3. Parties agree that this easement is superior and paramount to the rights of any of the parties in the respective servient estates so created, and that it is a covenant running with the land. DATE T OWNE�— URI' STATE OF CALIFORNIA COUNTY OF San Luis Obispo }ss. On_ April 9, 1980 before *me, the undersigned, a Notary Public in and for said State, personally appeared John F Ki n9_' `� EC�mNn(� imi th dnd Cliff Branch known to me to be the partners of the partnership - NEW WORLD INVESTMENTS that executed the within instrument and acknowledged to me that such partnership executed the same. WITNESS my hand 0 Name (Typed or Printed) (This area for official notarial seal) ...... ,I n,, ,,;Re;p,n,,,;;;;;npa;;nY;;;;;;, ;7-C!tL SEAL LOUISE R. VENTRESCA riNIA P. <ifi�,:; ^`L ,.7yds r•�, iiF�ICE IN ' S:'..`'J My Commission Expires Nov. 27, 1981 mamummnmmund .,�h ................___ (This area for official notarial seal) t ` I� w k V � C � � M } V ° r`tiP Exhibit "A" o. Maim C e i 0 �, ii•i � h W VJ V a m ^ f vJ 2 W �c Rye 0 . t V t r OL2 w. o,s' :� ' N,eres' Ear "•� 65 . a'41 c 4 2 1 'A 3 „ — `% V 6P.L ,l sirt/ J�7— �D�TUTiost:i �Z�N..ie.cs h O� Ote 2' \9F\ o tik♦ ci' 4 •t a ; >� Exhibit "A" U 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 Agreement'Creating Easement for Common.Driveway dated April 9 , 1980, from John E. Ki J. Edmund Smith and Cliff Branch 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 23, 1980 ATTEST: Fitzpatrick, City Clerk CITY OF SAN LUIS OBISPO B Payo Pro —Tem Ronald Dunin