HomeMy WebLinkAbout4200-4249Recording Requested By:
CITY OF SAN LUIS OBISPO
When Recorded Please Return-To:
City Clerk's Office
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
/Lt'.GCL�
9.6.33
391'78
DOC. NO.
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
S E P 51980
RESOLUTION NO. 4249(1980 SERIES) WILLIAM E. ZIMARIK
COUNTY RECORDER
RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL TIME 3 00 00 PM
FINDING THAT PORTIONS OF IRIS AND GEORGE STREETS BETWEEN
THE IMPROVED PORTIONS OF SAID STREETS AND THE CENTRAL
COAST CLINIC COMPANY (FRENCH MEDICAL CLINIC) PARKING
LOT IS NO LONGER NEEDED FOR STREET PURPOSES AND ABANDON-
ING SAME WITH CERTAIN RESERVATION FOR UTILITIES EASEMENTS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. In accordance with the public hearing duly held on October 3, 1978,
pursuant to Division 9, Part 3, Chapter 2,of the California Streets -and Highways
Code and Resolution No. 3659 (1978 Series), this Council finds and determines that
the hatched portion of George Street and Iris Street shown on Exhibits "A" and "B"
and described on Exhibit "C" attached hereto and incorporated herein, is not
necessary for present or prospective public street purposes and said portions are
hereby ordered abandoned, subject to the reservation of certain easements.
WHEREAS, the City Council finds that the streets are not needed for present or
future street purposes except for reservation by Pacific Gas and Electric Company of
an easement to install, maintain, repair, operate, replace, remove, and renew lines
of wires, poles, and other structures, equipment.and fixtures above ground for the
operation of said facilities in. :a portion of George Street; and
WHEREAS, the abandonment is subject to reservation of a private easement to
accommodate the maintenance and operation of a sewer lateral of the Central Coast
Clinic company (French Medical Clinic) within the Geroge Street abandonment; and
WHEREAS, the.abandonment is subject to reservation of an easement to the City
of San Luis Obispo for storm drain purposes within the George Street abandonment.
R 4249
VOL 2266PAGE 944
NOW, THEREFORE, the City Council resolves that the portion of Iris and George
Streets, between the improved portions of said streets and the Central Coast Clinic
Company parking lot, as shown on Exhibit "A" and Exhibit "B" attached and described
on Exhibit rv% are hereby abandoned subject to:
1) Reservation by Pacific Gas and Electric Company of an easement to'install,
maintain, repair, operate, replace, remove, and renew lines of wires, poles, and
other structures, equipment, and fixtures above ground for the operation of said
facilities in said streets; and
2) Reservation of a private easement to accommodate the maintenance and oper=
ation of a sewer lateral of the Central Coast Clinic Company within the George
Street abandonment; and
and
3) Reservation of an easement for storm drain purposes within George Street;
4) That the City Clerk shall cause a certified copy of this Order of Abandonment,
duly attested under the seal of the City, to be recorded in the San Luis Obispo
County Recorder's Office.
On motion Councilman Munger , seconded by Councilman Bond ; and
on the following roll call vote:
AYES: Councilmembers Munger, Bond, Dunin and Mayor Cooper
NOES: Councilwoman Billig
ABSENT: None
the foregoing Resolution was passed and adopted this .2nd._ day of September 1980 .
ATTEST:
CITY CL J.H. FITZPATRICK
VOL 2266PAGE 945
APPROVED:
i
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City Attorney
s _
ng City Engineer
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Community De t elopment r rector
VOL 2266PAGE 946
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LEGAL DESCRIPTION
ABANDONMENTS OF PORTIONS OF--
GEORGE STREET AND IRIS STREET
A. George Street
EXHIBIT C
That portion of George Street lying between Lots 6, 7, and 8 of
Block 6 and Lots 1 and 2, Block 1., of the Buena Vista Addition
to the City of San Luis Obispo.
Except the southwesterly 15 feet.
Reserving therefrom, an easement for Pacific Gas & Electric Company
to install, maintain, repair, operate, replace, remove, and review
lines of wires, poles, and other structures, equipment, and fixtures
above ground for the operation of said facilities in said street
over the northwesterly 5ifeet of the southwesterly 35 feet of said
abandonment.
Also, reserving therefrom: an-- easement to the City of San Luis Obispo
for storm drain purposes, as indicated on Minor Subdivision No. 78 -131.
Also, reserving therefrom an easement to Central Coast Clinic Company
(French Medical Clinic) for sewer lateral purposes. Said easement
indicated on Minor Subdivision No. 78 -131
B. Iris Street
That portion of Iris Street (formerly Upham Street) lying northwesterly
of Lots land 2, Block 1, of the Buena Vista Addition to the City of
_� _ w_ --- - ---
San�Lus .-Obispo, lying easterly_ofa circular curue, concave
to the west, being tangent at the westerly corner of said Lot 2,
having a radius of 50 feet, a central angle of 1010 32' 13" and a
length of 88.61 feet, more or less.
END Of DOCUMENT
VOL ?2�GI�PAGE 949
1 -
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RESOLUTION NO. 4248 (1980 Series)i
A RESOLUTION OF THE COUNCIL OF THE CITY, -
LUIS OBISPO FINDING AND DETERMINING THAI
OF MONTALBAN STREET BETWEEN STENNER CREE �r.r
ROSA STREET IS UNNECESSARY FOR PRESENT 0
STREET PURPOSES AND ORDERING THE ABANDON__ —
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 on September 2, 1980,,
pursuant to Division 9, Part 3, Chapter 2.of the California Streets and Highways Code,
this Council finds and-determines that the portion of Montalban Street between Stenner
Creek and Santa Rosa Street shown on the. map marked Exhibit "A ", attached hereto and
incorporated herein, is not necessary for present or prospective street purposes in
that the portion to be abandoned is a dead end street, and all parcels contiguous
to the abandoned portion are served either by a portion of Montalban Street not
abandoned hereunder or by an easement reserved hereunder.
SECTION 2.. This Council hereby orders the abandonment of said section of-Montalban
Street subject to reservations of easements as outlined in Section 3, immediately below.
SECTION 3. This resolution shall be effective only upon the approval by the City
of a final parcel map providing, at a minimum, the following:
(a) The merger of the area to be abandoned with the contiguous parcel A (see
Exhibit "A "), reflecting new lot lines and corners.`
(b) Precise locations, over the area to be abandoned, of public easements for
utilities., sewer, water, drainage, creek access and pedestrian access.
(c) Provision of an ingress /egress easement and..utilities, -if necessary, for;.
Lot 1, Block 76, Town of San Luis Obispo.
(d) Provision for the owners of Parcel A(See Exhibit "A ") to install creek
pedestrian crossing improvements to the satisfaction of the City Engineer and Community
R 4248
C�
Resolution Nd: 4248
,1980 Series
Development Director, as well as curb, gutter, sidewalk, pavement, drainage inputs,
and additional right of way to provide a cul -de -sac as described on Exhibit "A ".
SECTION. 4. The City Clerk shall cause a certified copy of this Order of Abandon=
ment, duly attested under the seal of the City to be recorded in the Officer of the
Recorder of the County of San Luis. Obispo, at such time as this Resolution becomes
effective under the terms of Section 3, immediately above..
.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 2nd- day of September, 1980.
ATTEST:
CITY CL J. H. FITZPATRICK
APPROVED:
�-
City A Of icer
City Attorney
Director of C unity elopment
Director of Public Services
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CERTIFICATE OF POSTING
NOTICE OF HEARING ON PROPOSED ABANDONMENT
Montalban Street
STATE OF CALIFORNIA )
) SS.
County of San Luis Obispo )
The undersigned, Dennis J. Reeves
g � under penalty of
perjury, certifies as follows:
That at the instance of and for and on behalf of the City Engineer of
the City of San Luis Obispo, he posted Notice of Hearing in accordance
with Resolution No. 4227 , A Resolution of Intention to Abandon a portion of
Montalban Street between Stenner Creek and Santa Rosa Street
adopted by the City Council on August 5, 19 80 , along the proposed
/--14 Z
abandonment, at not more than 300 feet apart, and not less than three in all;
that said posting was fully completed on the 21st day of August 19 80�
that a copy of said Resolution of Intention to Abandon is attached hereto,
marked Exhibit "A" and by reference made a part hereof..
Executed on the 21st day of August 19 80
-lwwGd J.
Dennis J. V,411ves
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AREA M
BE ABANDONED
RESOLUTION NO. 4247 (1980 Series)
A RESOLUTION Ot THE Cr"NCIL 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: "LAGUNA GOLF COURSE DRIVE RANGE
PROTECTIVE SCREEN"
ESTIMATE: $36,500.00
BIDDER: A.D. Construction Co.
CITY PLAN NO: D -35
BUDGET ACCOUNT: 40- 5961 -631
BID AMOUNT: $34,699.82
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond seconded by Councilman Munger ,
and on the following roll call vote:
AYES: Courncilmembers Bond, Munger, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
the-foregoing Resolution was passed and adopt
1980. 11
ATTEST:
G CLERK J.H. FITZPATRICK
APPROVED:
City A minis rat ve icer
this 2nd day Of GPPtamhar
LYNN R..
R 4247
RESOLUTION N0. 4246 (19 80 Series)
A RESOLUTION OF T'.' 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 followings
PROJECT: "DOWNTOWN SIDEWALK REPAIR"
ESTIMATE: $54,407.00
BIDDER: A.D. Construction Co.
CITY PLAN NO: D -56
BUDGET ACCOUNT: 23- 4871 -D -56
BID AMOUNT: $37,600.18
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond seconded by Councilman Munger ,
and on the following roll call vote:
AYES: Councilmembers Bond, Munger and Mayor Cooper
NOES: Councilmembers Billig and Dunin
ABSENT: None
the foregoing Resolution was passed and adopted this .2nd day of September- ,
1980.
ATTEST:
CITY',poMJ.H. FITZPATRICK
APPROVED:
City Administrative Officer
R 4246
I
RESOLUTION NO. 4245
I \
(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE CLOSING OF STATE HIGHWAY FOR
THE CALIFORNIA STATE FIREMANS ASSOCIATION CONFERENCE
PARADE
WHEREAS, the California State Firemans Association of the State
of California will be holding their annual celebration on September 16,
1980; aid
WHEREAS, a parade on Tuesday.evening, September 16,'1980, is an
integral part of the California State Firemans Association Conference; and
WHEREAS, the California State Firemans Association Conference is a
most important celebration, drawing visitors to this city from distant places
for this conference.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City oftSan Luis
Obispo as follows:
1. A Parade Permit is hereby issued to the California State Firemans
Association authorizing the closing of Highway 227 (Higuera Street only between
Broad Street and Carmel Street) during the hours of 7:00 p.m. to 8:30 p.m. on
September 16, 1980.
2. The City Police Department and other City Departments are directed
to cooperate with the Firemans Association officers 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 State Highway for
this parade, and they are hereby requested to approve this action. No Highway
101 interchanges are to be closed by this request.
4. The City Clerk is hereby directed to notify the appropriate city
departments and state agencies by forwarding certified copies of this
resolution.
R 4245
Resolution No. 4245 (1980 Series)
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 2nd day of September,
1980.
r Lynn R. Co
ATTEST:
Cit erk J.H. Fitzpatrick
* * * * * * * * * * * * * *
Approved:
�WZZ,
" rz��Z��
Cit minis "ative 6f ficer
City Attorney
RESOLUTION NO. 4244 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND GRASS ROOTS II, FOR GRASS ROOTS II TO
PROVIDE SERVICES FROM JULY 1,.2980 -JUNE 30, 1981
AND CITY TO PAY GRASS ROOTS II $6,000.00 FOR SAID
SERVICES.
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
Grass Roots II
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Grass Roots II, Human
Relations Commission, City Finance Director
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 ado�dlthis 2nd day of September , 1980•
L11Y 1Y 1 \• VY /'
ATTEST:
CITY J.H. FITZPATRICK
APPROVED:
City, s rative 0 icer
City At
Finance Direc
R 4244
A r7.1 F r1VrXTT
GRASS ROOTS II
THIS AGREEMENT, dated July 1, 1980, for the convenience of the parties hereto,
is between the CITY OF SAN LUIS OBISPO, a municipal corporation of California (herein-
after called "City ") and GRASS ROOTS II, a non - profit corporation (herein after
called "Association ").,
14ITNESSETH
WHEREAS, City.recognizes that the Grass Roots program has served both a
public purpose and a municipal `purpose, `and City-desires fo see the continuation
of the Grass Roots Program, or an.equivalent thereof; and
WHEREAS, Association has represented to City that it has the manpower and
expertise to carry on an effective program equivalent thereto; and
WHEREAS, City and Association previously have entered into agreements for
funding of such community services; and
WHEREAS, City and Association now desire.to enter into a similar funding agreement
for the period July 1, 1980 through June 30, 1981, with certain modifications.
NOW, THEREFORE, City and Association; for and in consideration of the mutual
benefits, promises and agreements set forth herein, do agree as follows:
1. This agreement shall be effective as of July 1, 1980, and shall terminate
June 30, 1981.
2. The City, through the City Administrative Officer or his designee, shall
during the term of the agreement, with input from Grass Roots.II Board of Directors
continue to evaluate the efficiency of the operation of Grass Roots II as it pertains
to City funded money.
3. Association agrees to use its best efforts to operate a program within the
City of San Luis Obispo. Services to be provided by the Association include information
and referral, crisis intervention, emergency services, transportation and a voice for
advocacy for, but not limited to, low income persons.
4. City agrees to pay Association the total sum of $6,000.00 for costs actually
incurred during the term of this Agreement, as follows:
(A) $6,000.00 shall be disbursed upon receipt of required reports and vouchers
on the last day of each of the twelve (12) months of the term of this agreement, the
sum of $500.00 per month, as compensation for office space rent.
(B) If during any-month, office space rent is less than $500.00„ payment
by City to Association hereunder shall be reduced accordingly. In no event, however,
shall monthly payments exceed $500.00 per month.
5. (A) Association will -provide City with monthly summary reports describing
the type and quantity of services provided, funds expended for office rent, accompanied
by a rent receipt, and listing funds expended and funds received by Association from
other sources The reports shall be in a form approved by City Administrative Officer
(Exhibit "A" attached). Said monthly reports shall be submitted to the City on or
before the 15th day of the month for which office rent reimbursement is sought.
(B) City may from time to time during the term of this agreement further
reporting by Association to ensure: (1) that the purpose and intent of this agreement
is being carried out, and (2) that Association is administering City funds in an
efficient manner.
6. Association shall not in any manner represent that it is an agency of
City. Association and all of its agents, representatives and participants in any
manner in the Grass Roots II program shall be independent contractors or volunteers
for Association and shall not be considered as employees or agents of City for any
purpose. Association agrees to hold the City harmless and defend. the City in any
action, proceeding or hearing wherein the cause of action of claim is based upon an
allegation that any person participating in the Grass Roots II program is an
employee or agent of the City.
7. Association will hold the City harmless from all claims and liability
arising from the operation of the Grass Roots II program. Association shall
obtain and keep current a liability insurance policy with property damage coverage
of not less than $50,000.00 for each person on account of any one occurrence, and
with personal injury coverage of not less than $100,000.09 for each person and
$300,000.00 total for each occurrence. The City shall be specifically listed as .a
named insured in said policy, which shall contain a provision that there shall be.
no cancellation or material change in coverage without thirty (30) days prior
written notice to City.
8. Funding hereunder is not, and shall not be construed as, a commitment or
.promise to fund the Association at any future date following the term of this
agreement. -
9. The City Council may by motion terminate this agreement at its sole discretion
after a public hearing held upon ten.(10) days written notice to Association. Said
termination shall be effective thirty (30) days after City mails notice of termination
to Association.
10.. For purposes of .notice under this Agreement, all notices shall be considered
effective upon being sent by certified mail to the following addresses:
CITY: City Clerk
City of San Luis Obispo
P. 0.. Box 321
San Luis Obispo, CA 93406
ASSOCIATION: Grass Roots II, Inc.
1371 Pacific Street - B
San Luis Obispo, CA 93401
IN WITNESS WHEREOF, the parties hereto have executed this agreement by their
proper officers duly authorized.
ATTESTS
- 1
CITY RK- J.H. FITZPATRICK
GRASS ROOTS -I�/I, INC.%
BY �C -4�,�' -
r�e—_ dent - -- -
Y
Treasurer -- -
CEXH_ L"T A
GRASSROOTS II, INC.
REQUIREMENTS FOR REPORTING TO
CITY OF SAN LUIS OBISPO
CITY ADMINISTRATIVE OFFICER
GUIDELINES FOR REPORTING:
MONTHLY
I. Summary of persons assisted during the past month:
A. .Total unduplicated cases
Residence: City
County
Outside SLO County
B. Total Units of.Client services
Residence: City
County
Outside SLO County
C. Number of unduplicated walk -ins
D. Copy of receipt for rent of professional offices
II. Percentage of Staff time
III. Services*
A. Information and Referral (units of client service, by
phone, or in home)
1. Transportation
2. Food
3. Clothing
4. Housing /Shelter
5. Crisis counseling
6. Other /general
7. Citizen advocacy
B. Trarasportcacion provided
C. Food provided
D. Clothing provided
.=�CiIBIT A
i 1
Units of service
Unduplicated clients
Total number of meals
Unduplicated clients
E. Dissolution cases Unduplicated clients
F. Citizen advocacy Unduplicated clients
G. Crisis counseling Unduplicated clients
IV, Director's report- for month immediately past..
V. Fiscal Reports
1. Balance sheet
2. Income and Expense Statement
.3. In -kind donation report
4. Rent receipt
VI, Board Minutes- for most recent meetings.
VII. Grassroots to notify City Administrative Officer of all regular
and special meetings of the Grassroots II Board scheduled for
coming month.
ANNUAL
I Grassroots II to provide City Administrative Officer with current
copies of its by- laws /constitution and current list of board
members and officers.
* A list of referring and referral agencies will be provided. Those
most frequently utilized by the office in the current month will
be designated by an asterisk.
s,
RESOLUTION NO. 4243 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBIS PO AUTHORIZING THE SALE OF CITY OWNED
PERSONAL PROPERTY AT PUBLIC AUCTION
!-�z.
WHEREAS, pursuant to an inventory by the individual City department of personal
property surplus to the needs of the departments, and also to other departments of the
City; and
WHEREAS, certain motor vehicles, trucks and construction equipment also have
been.designated surplus to the users of the various departments.
NOW, BE IT RESOLVED by the Council of the City of.San.Luis Obispo that all
these.items of personal property, including motor vehicles, on the attached Exhibit "A"
are hereby declared surplus to the needs of the City and are ordered to be disposed of by
public auction and sold to the highest bidder; the City Clerk is directed to advertise
the date, time and place that the public auction will take place.
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
ATTEST:
CITY CLE .H. FITZPATRICK
APPROVED:
Ci�r`k inistrative O-Fficer
City Attorney
day of September ,1980.
R 4243
city ®f san Us o is ®
CITY CLERK /TREASURER
Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000
August 20, 1980
MEMORANDUM
TO All Department Heads
FROM J.H. Fitzpatrick, City Clerk
SUBJECT Surplus Property Auction
Attached for your review is a list of all city -owned personal property
surplus to the needs of the various departments of the city. We have
kept the list of items by department. We would ask each of you to do
two things: 1) look over the list and make sure your item is properly
described; and 2) note if property surplus to one department is of any
use to your department.
We would like to get the approved final li
by Tuesday, August 26, 1980 so that we can
September 2 to sell the items at auction.
will advertise the items to sell, try and
inspection and hold the biggest yard sale
1980.
JHF:pv
Attachment
st back from each department.
get Council approval on
Upon Council approval we
put them in one place for
in town early in September,
NhO
SURPLUS MATERIAL AUCTION
AGE/
QUANTITY YEAR, DESCRIPTION DEPARTMENT
400'
#6 AWG RHW -RHH Wire
Fire
1856'
2 Conductor, direct burial IMSA Wire
Fire
2
Ea.
Soft suction hose with brass fittings
Fire
1
Ea.
1970
Isometric Exercisor
Fire
3
Ea.
Manual Royal Typewriters
Fire
1
Ea.
20 yr.
National Electric Adding Machine
Fire
1
Ea.
20 yr.
Burroughs Electric Adding Machine
Fire
Misc..
Scrap Copper Wire
Fire
1
Ea.
1� ton hand operated hoist (chain drive)
Fire
5620'
C Wire on reel
Fire
1
2
Ea.
pre '70
3 -M Copier, Desk Top Style
35- 4ydE&e!4:e
Fire
rZ -e
Ea
gellee "seg geed -gEade 811
1
Ea.
(:b -__, . ,.ledea) _
Remington Rand Adding Lachine, Model 269
Clerk
1
Ea.
Manual Royal Typewriter
Clerk
1
Ea.
IBM Executive Typewriter, electric
Community Dev.
1
Ea.
Wooden Folding Door w/ hardware (11'x8 ")
Build. Maint.
1
Ea.
Wooden Folding Door w/ hardware (11'x9'8 ")
Build. taint.
20
Sections
Folding Theatre Type Seats, 3 seats per sect.
Build. Maint.
18
Sections
Folding Theatre Type Seats, 2 seats per sect.
Build. Maint.
1
Ea.
6' Glass Patio Door with hardware
Build. Maint.
1
Ea.
Polaroid Flash Attachment, Model 268
Community Dev.
1
Ea.
Old Counter Book Board
Community Dev.
1
Ea.
Map Rack Guides
Community Dev.
1
Ea.
8- Drawer Flat Map File Cabinet
Community Dev.
1
Ea.
4- Drawer Legal Size Wooden File Cabinet
Community-Dev.
1
Ea.
Map Binder Crimper
Community Dev.
1
Ea.
Wire Rack, 10 "x20 "36 ", 3 bins
Community Dev.
12
Ea.
Legal Size Minute Binders, 4 hole square
Community Dev.
3
Ea.
3 yr.
Hand Calculators, Battery (Inoperative)
Community Dev.
(Keystone 390)
1
Ea.
Projector Screen, torn - 8'x8'
Build. Maint.
2
Ea.
1970
Ford 1 -ton Service Body Dump Truck, 240 cu.in.
Utilities
6- cylinder engine, 4 -speed manual trans-
mission, dual rear wheel
SURPLUS MATERIAL AUCTION
PAGE 2
AGE/
UANTITY
YEAF.
DESCRIPTION
DEPARTMENT
1
Ea.
1942
1" Gasoline Pump
Utilities
Misc.
Scrap Metal
Utilities
2
Ea.
Steel Water Tanks, 120,000 gal, open top
Grater Plant
1
Ea.
Steel Grater Tank, 100,000 gal, covered top
Water Plant
(all 3 could be dismantled and moved)
1
Ea.
1968
Dodge !�-ton pickup (has 200,000 miles)
Whale Rock
1
Ea.
1972
Dodge 4 -Door Sedan, Car #672
Engineering
1
Ea.
Pre '70
Treadmill, Sears
Recreation
1
Ea.
Pre '70
Belt Reducer
Recreation
1
Ea.
Pre '70
Roller Reducer
Recreation
1
Ea.
Steel /Upholstered Armed Desk Chair, Need repair
Recreation
1
Ea.
Kimball Upright Piano (Was Player Piano)
Recreation
1
Ea.
1950's
National Cash Register, Inoperative
Recreation
1
Ea.
Hand Operated Duplicating Machine, Ditto
Recreation
1
Ea.
1950's
Olivetti Adding Machine
Recreation
1
Ea.
1960's
BDC Rex Rotary, Electric Mimeo Machine
Recreation
2
Ea.
Adding Machines
Recreation
1
Ea.
1970
Electric Stove Top -4 burners, Tan colored
Recreation
2
Ea.
late '40's
Record Players
Recreation
4
Ea.
Large Overstuffed Chairs, needs reupholstery
Recreation
1
Ea.
Settee (bamboo with cushions)
Recreation
1
Ea.
1935
Underwood Standard :Manual Typewriter
Recreation
3
Ea.
6 yr.
Weedeaters, 2 working, 1 defective
Parks taint.
1
Ea.
7 yr.
Pack Vacuum (Billy Goat)
Parks Maint.
1
Ea.
15 yr.
Chain Saw, McCullough Model 250
Parks Maint.
1
Ea.
7 yr.
Chain Saw, Tru Cut 25" (64- 5380H)
Parks Maint.
1
Ea.
15 yr.
Howard Renovator (Model E, Ser. 3)
Parks Maint.
1
Ea.
5 yr.
Block Trailer (E310531)
Parks Maint.
1
Ea.
10 yr.
Scooter (1905 G 0266976), blown engine
Parks Paint.
4
Ea.
Rocking Horses
Parks Maint.
1
Ea.
15 yr.
Gravely Rototiller (Serial M68076)
Parks Maint.
1
Ea.
Electric Hot Water Heater (20 -gal.)
Parks Maint.
6
Ea.
10 -12 yr.
National Reels for Mower
Parks Maint.
1
Ea.
5 yr.
Hydraulic Hedge Trimmer
Parks Maint.
'v
SURPLUS MATERIAL AUCTION
PAGE
3
AGE/
QUANTITY
YEAR
DESCRIPTION
DEPARTKENT
1
Ea.
15 yr.
Tow Aerifier
Parks Maint.
2
Ea.
Adding Machines
Parks Maint.
1
Ea.
15 yr.
Burner (Butane Tank -City ID 10365)
Parks Maint.
1
Ea.
7 yr.
Green Trimmer (24 ")
Parks Maint.
1
Ea.
8 yr.
Yazoo Mower (no engine)
Parks Maint.
1
Ea.
10 yr.
[flood Tool Box
Parks Maint.
1
Ea.
15 yr.
Buckner Walker Sprinkler
Parks Maint.
1
Ea.
15 yr.
Brown Water Pump, Needs work
Parks Maint.
1
Ea.
15 yr.
National Sickle Mower No. 3667 (A3030),
no Parks Maint.
engine
Misc.
3 yr.
PVC Pipe, all sizes and lengths
Parks Maint.
1
Ea.
25 yr.
Wards Power Sickle Mower (2 -wheel hand
Streets
tractor with mower)
1
Ea.
27 yr.
Sickle Mowing Machine (for tractor side
mounting) Streets
1
Ea.
1958
Chevrolet 2 -ton Cab & Chassis, Unit 258
Streets
(E138289 - VB582107388)
1
Ea.
1936
Lincoln Portable Arc Welder 300 Amp DC,
Streets
Unit 236 (8D18243)
1
Ea.
25 yr.
Clayton Steam Cleaner, 180 GPM
Streets
1
Ea.
Tokhem Gas Pump
Streets
2
Ea.
Gilbarco Gas Pumps
Streets
1
Ea.
20 -25 yr.
Georgia Buggy
Streets
1
Ea.
1958
Gat Grader, Unit 158, Ser. #70D262, 9414
hours Streets
2
Ea.
Film Bags, 14 "x22"
Community Dev.
RESOLUTION NO. 4242 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN MANAGEMENT
PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
ARTICLE I
Salary Provisions
Employees covered by this resolution shall be paid at the monthly salaries
listed below effective July 1, 1980:
I. Council appointed employees
City Administrator
City Attorney
City Clerk
2. City Administrative Officer appointed
City Engineer
Director of Community Development
Director of Public Services
Director of Parks & Recreation
Finance Director
Fire Chief
Personnel Director
Police Chief
ARTICLE II
Benefits
$3,800
3,500
3,252
2,500
2,462
3,180
2,050
2,760
3,000
2,052
3,200
Section A Medical Insurance
For medical insurance the city agrees to contribute the same amount for
management personnel coverage as it does for the general employees, except
that the contribution for the police and fire chiefs shall be equal to that
granted to their respective employee association. Such contribution shall
R 4242
n
be spent, first, on CCmployee coverage under an appro% ;''medical insurance
plan and, second, on dependent coverage. The city reserves the right to
choose the method of insuring and funding these benefits.
Section B.Eye Care
The city agrees to contribute $5.65 per month for the approved eye care plan.
Section C Dental Plan
The city agrees to contribute $20.00 per month for an approved dental plan.
Section D Life and Disability
The city shall provide the following special insurance benefits:
1. Long -term disability insurance providing 60% of gross salary
to age 65 for any sickness or accident after a 90 -day waiting
period.
2. $50,000 term life insurance including accidental death and
dismemberment.
3. One -half of employee's health insurance premium paid for retired
employees who elect to remain members of the city's group health
plan.
Section E Retirement
The city agrees to provide the Public. Employees' Retirement System's 27
at age 60 plan to all eligible employees including the amendment permitting
conversion of unused sick leave to additional retirement credit; the_1959
survivor's benefit and one year final compensation.
The police and fire chiefs shall receive the same retirement benefits as sworn
personnel in their department.
Section F Vacation
Vacation leave is governed by Section 2708.7 of the Municipal Code except that
it may be taken after the completion of the sixth calendar month of service
since the benefit date. Vacation leave shall be accrued as earned each payroll
-2-
period up to a maximum of twice the annual accrual race. However, if the
1. City Administrator determines that a management employee has been unable
to take vacation due to the press of city business, the City Administrator
may increase the accrual limits or once annually authorize payment for one -
half of the excess accumulation up to a maximum of five (5) days. In addition
to vacation leave the City Administrator may grant up to five (5) days of
administrative leave to department heads for special training or recuperation
purposes. The City Administrator and City Attorney shall receive seventeen
(17) days paid vacation per year.
Section G Holidays
The twelve (12) holidays as provided by M.O.U. for the general employees'
association shall apply to management personnel.
Section H Sick Leave
Sick leave is governed by Section 2708.5 of the Municipal Code. An employee
may take up to two (2) days per year of sick leave if required to be away from
the job to personally care for a member of his /her immediate family as defined
in Section 2708.5. This may be extended to five (5) days per year if the family
member is part of the employee's household, and to seven (7) days if a household
family member is hospitalized and the employee submits written verification of
such hospitalization.
Upon termination of employment by death or retirement, a percentage of the .
dollar value of the employee's accumulated sick leave will be paid to the
employee, or the designated beneficiary or beneficiaries according to the
following schedule:
(A)`Death - 25%
(B) Retirement and actual commencement of PERS benefits:
(1) After ten (10) years of continuous employment - 10%
(2) After twenty (20) years of continuous employment - 15%
-3-
Section I Workers' 0d pensation Leave ,p
Any employee who is absent from duty because of on- the -job injury in
accordance with the state workers' compensation law and is not eligible for
disability payments under labor code section 4850 shall be paid the difference
between his base salary and the amount provided by workers' compensation law
during the first 90 business days of such disability absence.
Section J Vehicle Assignment
For those management personnel who require the use of an automobile on a regular
24 -hour basis to perform their normal duties, the city will, at city option,
provide a city vehicle or an appropriate allowance for the employee's use of a
personal automobile. The use of a personal automobile for city business beyond
the three - county area (San Luis Obispo, Monterey and Santa Barbara) will be
eligible for mileage reimbursement in accordance with.standard city policy.
On motion of Councilman Dunin, , seconded by Councilman Munger ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Munger, Bond and Mayor Cooper
NOES: Councilwoman Billig .
ABSENT: None
the foregoing resolution was passed and adopted this 2nd day of September , 1980.
ATTEST:
J. %.0tzpitrick, City Clerk
APPROVED:
City minis rative r
City Attorney
-4-
_XOJ100,0,0/�6 - - - -
Director nan e
_2L04_,, 9
Personnel Director
RESOLUTION NO. 4241 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING IN PRINCIPLE, THE
AWARD OF A CONTRACT TO BAKER CORPORATION WITH-
OUT COMPETITIVE BIDS TO CONDUCT CERTAIN WORK
ON CUESTA GRADE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That letter from R. Baker dated August 12, 1980, attached
hereto and marked Exhibit "A" and incorporated herein by reference is approved
in principle subject to the preparation and execution of a utilities agreement
with Cal Trans and preparation and execution of a formal contract for the work.
SECTION 2. The City Clerk shall furnish to Public Services Director,
Utilities Engineer /Superintendent, and R. Baker, Inc.
On motion of Mayor Cooper , seconded by Councilwoman Billig_,
and on the following roll call vote:
AYES: Mayor Cooper, Councilmembers Billig, Bond, Dunin and Munger
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted.this 19th day of
August , 1980.
ATTEST:
APPROVED:
City A i e Officer
R 4241
�J
Resolution No. 4241 -2- (1980 Series)
City Attorney
Public Services Director
y J
STATE OF CALIFORNIA
Di.- PARTNIENT of TRANSPORTATION
INTERSTATE -=------ - - - - --- ---
FORM DH•ORW 39 tREV. 7.73)
District
County
:' ,)ulc
P. M.
E. A.
05
n—
SLO
------
101
32.7 35.1
048209
418.0.11
NOTICE NO ------------------------------------------------------
SOURCE CODE NO ------ 05400
OWNER'S PILE
UTILITIES AGREEMENT NO.____418.0.11-
a C
FIRST PARTY: State of California; acting by.and through its Department of Transportation, hereinafter
called STATE.
SECOND PARTY: CITY OF SAN LUIS OBISPO
hereinafter called OWNER.
I Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because:
Owner has prior rights as set forth in the document from MANUAL S. GULARTE,
et ux., to CITY OF SAN LUIS OBISPO, recorded November 19, 1912 in Volume 95
of Deeds at page 277, Records of Sari Luis Obispo County..
II The work to be done consists of the installation of 6 -inch ductile iron
pipe inside of the existing casings, installed by the State for Owner's
use in 1967, which have been used as conductors through the embankments
at H.E.S. 21 +30+ and H.E.S. 36 +80+ and are saturating the embankments.
due to failures in both casings.
This is in connection with the conventional highway project to reconstruct
the roadway between 2.5 miles north of San Luis Obispo to 0.5 mile south of
the Cuesta Overhead,,Road 05 -SLO -101, P.M. 32.7 to 35.1., as follows:
1. Install 420 lineal feet of.6 7inch ductileiron pipe at
Schoolhouse Canyon and 580 lineal feet of 6 -inch ductile
iron pipe at Sulpher Canyon within the conduits installed
_ in 1967.
2. Is in accordance with Notice to Relocate No. 418.0.11,
dated September 31 1980.
I The
been
No.
work is to be performed by City's contractor, the award having
made August 19, 1980 by Council action pursuant to Resolution
4241, at the regular, meeting of the Council..
IV Owner agrees to cause the herein described work to be prosecuted
diligently to completion sous to prevent the extension of the
work into the winter season.
V The State shall pay.its share of the actual cost of said relocation
within 90 days after receipt of an itemized bill in quintuplicate
signed by a responsible official of Owner's organization, compiled
on the basis of the.actual cost and expense. The Owner shall.
maintain records of the actual costs incurred and charged or allo-
cated to the project in accordance with recognized accounting
principles.
It is understood and agreed.that the State will not pay for any
betterment or increase in capacity of Owner's facilities and that
Owner shall give credit to the State for all accrued depreciation
on the replaced facilities and for the salvage value of any
material or parts salvaged and retained or sold by Owner.
At the election of the Owner., progress bills for" costs incurred
May be submitted not to exceed Owner's recorded costs as of a
specific date less estimated credits applicable to completed
work where the recorded costs are sufficient to warrant such
billing.
The finial billing shall be in the form of an itemized statement
of the total costs charged to the project; less the credits
provided for in the agreement, and less any amounts.covered by
progress.billings.
Detailed records from which the billing is compiled shall be
retained by the Owner'for a period of four years from the date
of the final bill and will be available for verification by State
(and Federal) auditors.
VI Owner shall submit a Notice of Completion to the District Utilities
Engineer within 30 days of the completion of the work described
herein. .
VII It is agreed that the costs of the overhead experienced by the
City in connection with the investigation prior to and develop-
ment of any necessary plans and specifications'and contract
administration will be the responsibility of City.
VIII It is also agreed, the cost of the temporary plasc.i- pipe,
purchased by City to construct a bypass, necessary to continue
the water service to the property owner as called for in the
document recorded in Volume '95 Deeds 277, is $250.
City shall give-credit to the State for the amount of the salvage .
value of the plastic pipe, as taken into account on.the City's
books.
IX It is further agreed that the cost of the work, based on the bid
accepted,by the City, is the sum of $21,850:00, which is the
responsibility of the State in its entirety.
9
Estimated Cost to STATE $ ------ 21,5- 5-0,0-0
OWNER agrees to perform and STATE agrees to pay for the above-described work in accordance with
the terms -bf this agreement:
- -- - -------------------------- - ----------------------------------------------------------------------------------------------------------------------------------------------------- ------ - ------
----------- ------------ - --------------------------------------------------------------------------- -------------------- ------------------- ----------------- ---- -------- ----------------
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above. written..
APPROVAL RECOMMENDED:
Dis
Aict Right of Wdy Ag¢t
----- Age�.t ---- --- ------ ....... ------
APPROVED:
CERT:r!,-.A'riCA' n,.Pn FUq1.*,*,,%S
I hereby certry r mi r a.
udgeted
Ponds ane ?v:'r:;lc 1:1:� 54 Fiscal
Year: Shl"A Leg.slatura
for try t:lu vi;Zilil hill be
OUT: se
LUIS-OBISPO
fAiayor Lynn K. uoop
-------------------------=--- - - - - -- --- -- - - - --- ---------------------------
-4 a -- --
------ ------------ --------- --------
r
ty C e k J.H. Fitzptrick
Oir ne r
STATE OF CALIFORNIA
DEPARTMENT OF TRA.NSPORTATIO.N
---------------- -------------- -- -- -------------- ------- ------- ----
.EST. 6157, 13577-50i) 7-73 TOM (D A OS•
RESOLUTION'NO - 4240 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE FINAL MAP OF TRACT 772 LOCATED
AT 1680 SOUTHWOOD DRIVE. LEONARD BLASER: APPLICANT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
WHEREAS, thig.Council previously made certain findings concerning Tract 772
as contained in Resolution No. 3873 (1979 Series); and
WHEREAS, a set -aside letter in .the amount of $158,500.00 to guarantee
installation of subdivision improvement and $79,250 -.00 to guarantee labor and
materialsi°;is on file with the City.
NOW, THEREFORE, this Council hereby grants approval of the final map of
Tract 772 and authorizes the Mayor to execute the Agreement.
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 19th day of August- , 1980.
ATTEST:
CITY J FITZPATRICR
APPROVED:
City A ni ter Officer
City Att
iUl
�7C
City ineer
Gr
. COOPER
R 4240
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TiIIS ArnEE-%!-NT, , dated this _ �% /day of by and
between Leonard Bla_ser ;erci.: referrc%
to as "Suiidi::idcr ", and the. CITY OF SAN LUIS OBISPO, herein rer.'orred to as
it "
9` I T N E S S E T H
REFEPENCE IS 14E"EB1 :%LADE to that certain proposed subdiviSion of gnat curtain
real property in the City of San Luis Obispo, County of San Luis Obispo., State cf
California, descrint'_on of which is shown on final " ?lap of Tract No. 772. ,
Located at 1680 Southwood
City of San Luis Obispo, California ",.
as approved by the City Council, on the day of I 19
WHEREAS, the Subdivider desi -res that said Subdivision Map of said Tract No. 772
he accepted and approved as a final map pursuant to the Subdivision Regulations and
Ordinances of z,he City of San Luis Obispo, and
WHEREAS, Lt is a condition of.said regulations and ordinances that the Sub-
divider aaree's to install the street improvements and utility lines and facilities
as set forte on the plans therefore.
NOW THERE-FORE, in consideration of the foregoing, the Subdivider does hereby
a,ree to construct and install the following subdivision improvements in accordance
with said sub('_ivision ordinances and regulations, and in accordance with approved
plans and specifications on file in the office of the City Enaineer, City of San Luis
Obispo, to ! >'it:
1. CURBS, GUTTERS and SI'DEWALIS
2. STREET BASE and SURFACING
�. 1VATr-R miNS and SEWER MAINS, including sewer. laterals to the property
line '.,nd !rater services to the curb stop..
4. DRAINAGE STRUCTURES
i. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS', TELEPHONE and CABLE TELEVISION: In addition to the inspec-
tion arid approval of such facilities by the City, each public utility
shall be required to file a let -ter stating that the developer has prop-
er],., ins -_:,lied all facilities to be provided by him, and that the said
Lit. itY is prepared to provide service to residents upon r:;ui:est.
7 ANY 6 ALL OTHER I NIP ROVDIE,NTS sho!.n on plans or required by City regulations.
All the ahovc- `ac.il.ities small he installod..in the locations designated and tc the
;Mans and s>>ccif cations on file and app:rovbd by said City Engineer.
The lines na,d Irades for all of said improvements shali he esta!-,Ishcd by the
:��1:..(i'l �', (i'_ ..� :! '(t', 1lC !•: ...'.1 ;1fil '1(1'•al.'.'',.(1 p1:G.s nnc; c!)C�- :.fl(...tions..
Me Si:bd.•: ider agrees that the :ork of instailiaa the above improvements s;�ali
bc; n thirty 301 da:•s from the date of recording of :he
q ;i .:i tar
and that the :.cork shall be completed :with eighteen in _ (18) .:iontils 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, tae Sul 4 idcr
shall have an additional period of time equivalent to such period of delay in t:nich
to complete such -,•rork. Any extension of time hereunder shall not operate to release
the suret;% on the Improvement Security filed pursuant to this agreement. In this
connection, th- surety waives the provisions or Section 2319 of the Civil Code of
the State of Californid.
the Subdivider does also agree. to comply with the following conditions establi-
shed by the Planning Commission and /or.the City Council.
1. Subdivider shall pay $127.00 for grading permit fees. This shall
be considered a normal subdivision inspection fee.
p •y� 2. Subdivider shall pay park -in -lieu fees of $15,361.70 based on a requirement
of 0.372 acres (by Resolution 3873) and a purchase price of $0.948 per
square foot:
Subdivider shall pay water charges of $11,072.20 (Acreage: 6.32 acres
�rN @ $1160 per acre,frontage for lots 19, 20, 21 & 22: 322.5 feet @
11.60 per foot).
4. Removal of certain trees on lots 22, 23, and 24 is hereby authorized
consistent with building details on tentative map. Specific tree removals
shall be authorized by the tree committee consistent with said detail.
5. Subdivider shall trim remaining eucalyptus trees as required by the tree
committee staff.
6. Lots shown on the tentative map with less than 20 -foot street yard setbacks.
shall apply to the'Board of Adjustments for setback variations.
7. Subdivider shall, prior to final acceptance of the subdivision improvements,
provide,certified cost of said improvements to the City.
8. if, after the•time alloted by this agreement, the subdivision improvements
are not complete,new building permits will not be issued nor will occupancy
be granted for residences within this subdivision until completion of the
improvements.
9. Time limits have expired on reimbursement agreements for streets and
utilities, therefore no fee is required to satisfy condition 22 of
resolution 3873.
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.
The Subdivider hereby attaches hereto, and as an int gral 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
,I 157d of $ 158,500 and which is in the amount of the estimated cost of said
g' 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.
J ct° The Subdivider agrees to deposit with the City a labor and material bond in
�II�rQ�
S the amount of SOo of the above described subdivision improvements in accordance
with State law.
Said Subdivider shall deposit with -the City the sum of $ 5,910.00
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
4•
that they have been completed.in accordance with the plans and specifications.
Any unexpended monies will be returned to the Subdivider. In the event the permit fees
of inspection and grading
inspection fees exceed the sum of $ 6,037.00 being the sulhe difference is to be paid
by the The City reserves the. sole discretion in determining
Subdivider..
-3-
t;:e. a,T,CUiit� t0 bC )n id for salar.�' and CX�.C.1 Oi Said insi�eCtOr Cr - :15IJCCtprs.
Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled
"Subdivision" - All' plans and specifications on file With said Cit7 ngineer as a
part of said Subdivision tdsp, and all other
S;:bdi•;ider and approved by the City Engineer
b—rticulars in interpreting and definin, the
this agreement
documents filed With the Cit•,., by t!:e
ate hereby referred to foz• further
obligations of the Subdivider under
It is ar.derstood and agreed by and between t;e Parties hereto that this
agreement s:lall bind the heirs, executors, administrators, successors and assigns
of the respective Parties to this rgreement.
It is agreed that the Subdivider Will iurnlsn copies of the SUCCesstul bidder's
contract unit prices and total bid prices for all of the improvements herein
: f•Crred tlo
IN IVIT ?:i_SS "HEREOF, this agreement has been executed b;:
frzi day of /G 6J-::r �' 19,
Approved as to form
- 4 -
• MAI
WA
City of San Luis Obispo
San Luis Obispo, Ca. 93401
CROCKER nKTionAL KpnK
CONSTRUCTION FINANCE DEPARTMENT
3111 STEVENS CREEK BOULEVARD, SAN JOSE, CALIFORNIA 95117
July 29, 1980
Re: Set Aside Letter for Tract 11772
Vincent S. Fonte and Marianne E. Fonte,
Leonard G. Blaser and Rebecca R. Blaser
Gentlemen:
We understand that the City of San Luis Obispo has approved Tract 11772, consist-
ing of 24 residential lots in the City of San Luis Obispo, County of San Luis
Obispo, State of California. We have agreed to make a construction loan to
Vincent S. Fonte, Marianne E. Fonte, Leonard G. Blaser and Rebecca R. Blaser.
We hereby pledge that the amount of $158;500.00 has been committed by Crocker
National Bank and funds will be disbursed from a construction control account
and that said sum is guaranteed for payment of subdivision improvements. The
additional amount of $79,250.00 is available from Crocker National Bank in lieu
of the labor and material bond required of Vincent S. Fonte, Marianne E. Fonte,
Leonard G. Blaser and Rebecca R. Blaser for payment to the City on demand upon
failure of Vincent S. Fonte, Marianne E. Fonte, Leonard G. Blaser and Rebecca R.
Blaser to pay when due the contractor, subcontractor, laborers, materialmen and
other persons employed in the performance of the improvements referred to herein -
above. Payments from the Account will be disbursed to the borrower on its order
by way of a control account as the work for the individual items is completed to
the satisfaction of the City as evidenced by written not -ice. All loan advances
must be approved by the bank's Inspection Department.
We have no obligation with respect to insuring:
1) Proper completion of such improvements, including without limitation.to
workmanship and timeliness, or,
2) That the amount deposited in the Account is sufficient to complete the
improvements.
In the event that there is a default by the principals in their obligation under
the aforesaid agreement to complete the said improvements, all funds remaining
in said Account if any, at the time of receipt at this branch of your written
notification of default, shall be available to you, at the same times and under
the same conditions as they would have been paid to the borrower, for the prompt
completion of said improvements and payment therefore.
We shall have no obligation to disburse from said Account and our obligations
hereunder shall automatically terminate when all funds have been disbursed from
the above referenced accounts or 180 days have elapsed from the date the offsite
City of San Luis Obispo
Page 2
July 29, 1980
improvements are accepted to the satisfaction of the City of San Luis Obispo,
whichever is sooner.
The obligations of. the undersigned set forth here —in are expressly conditional
upon the prior recordation of our loan to Vincent S. Fonte, Marianne E. Fonte,
Leonard G. Blaser and Rebecca R. Blaser, which loan must be secured by First
Trust Deed on Real Property described in Exhibit "A" attached hereto..
CROCKER NAATIONAL BANK
Clifford�C. Marcussen
Assistant Vice President
CCM:pe
ACCEPTED:
City of San Luis Obispo
— s�
A
'Am"'
_J
RESOLUTION NO. 4239 (1980 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNCIL
APPROVING A TWELVE -MONTH TIME EXTENSION FOR MINOR
SUBDIVISION 79 -114
� J
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 Planning Commission further finds that a revised condition
should be imposed on the approval of the time extension due to the following:
1. It is not within the intent of Section 9100.3.12.2 et. seq.
of the Municipal Code of this city to require park -in -lieu
fees for existing occupied residences within a subdivision.
WHEREAS the City Council concurs with the Planning Commission findings;
NOW THEREFORE the City Council resolves that Minor Subdivision 79 -114
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. 3889
attached hereto and one revised condition of approval as follows:
1. Delete Condition No. 1 of Resolution No. 3889.
On motion of Councilwoman Billig , seconded by Counciinn n„n;n
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 adop
1980.
ATTEST:
Citoetlerk J.H. Fitzpatrick
this 19th day of August
Lynn R.
R 4239
Resolution No. 42 (1980 Series)
Minor Subdivision C14 1
Page 2
APPROVED:
City A i " Officer
City Attorney
AU4 &100�
Community Dev i lopment ector
-� 4-e
v.
RESOLUTION NO. 4238(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 928
LOCATED AT 411 FOOTHILL BOULEVARD
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION.l. That this council, after consideration of the tentative map
of Tract 928 and the Planning Commission's recommendations, staff recommendations
and reports thereon, makes the following findings:
1. The tentative map is consistent with the general plan and specific plans.
2. The design and improvements of the proposed subdivision are consistent with
the general plan and specific plans.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of-,the subdivision and the proposed improvements are not likely
to cause substantial environmental damage.. or substantially avoidably injure
fish or wildlife-or their habitat.
6. The design of the subdivision or the type of improvements are not likely
to cause public health problems.
7. The design of the subdivision or the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision.
8. The negative declaration approved for the project by the Community Develop-
ment Director is appropriate.
SECTION 2. That the approval of the tenative map for Tract 928 be subject
to the following conditions:
1. Subdivider shall grant a 6 -foot public utilities easement along the property.'.s
street frontage.
2. Subdivider shall grant a blanket easement over the common lot area, except under
structures, for underground public utilities serving the site.
3. Subdivider shall install individually metered •dater service to each unit.
Meters shall be located at the property frontage, to the approval of the
Public Services Department.
4. On -site sewer lines shall be privately owned, except for existing city
sewer main.
R 4238
423..E
Resolution No. vJ80 Series)
Tract 928
Page 2
5. Subdivider shall submit declaration of covenants, conditions and restrictions
(CC &Rs) and documents related to the creation of a homeowners association
prior to final map approval, for review and approval by the Community
Development Director and City Attorney. The CC &Rs shall contain the following
provisions:
A. A homeowners' association to enforce the CC &Rs and provide for professional,
perpetual maintenance of all common areas including landscaping, building
exteriors, private driveways, private utilities, lighting, walls, fences,
etc., in first class condition; homeowners' association shall maintain
area within the Foothill Boulevard right -of -way between street paving
and front property line;
B. A right of the City of San Luis Obispo to compel performance if the
homeowners association fails to perform and assess the homeowners associa-
tion for expenses incurred;
C. No parking in private driveways 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, trailers or inoperable
vehicles.
F. No unscreened outside storage by individual units;
G. No change in city required provisions of CC &Rs without prior City
Council approval.
6. Units shall be numbered as shown on the attached addressing plan (Exhibit A).
7. Subdivider shall soundproof the interior of the dwelling units to a 45 db
level or better consistent with General Plan Noise Element.
8. All on -site driveways, nonstructural improvements, and utilities shall be
installed as subdivision improvements.
On motion of Councilwoman Rill -ig , seconded by Councilman D,min ,
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 19th day of August ,
1980.
Resolution No. 4238' �'0 Series) ^�
Tract 928
Page 2
ATTEST:
City c J. TI. Fitzpatrick
APPROVED:
city'Attorney
wQ,c�
AfMnA
Community De lopment rector
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FOOTN /LL BOULEVARD
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RESOLUTION NO. 4237 (1980 Series)
AIRESOLP';. ?ON 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.follow ng:
PROJECT: "GRETA PLACE.SEWERLINE"
ESTIMATE: $12,537.00
BIDDER: VIC'S PIPELINE
CITY PLAN NO: D -25
BUDGET ACCOUNT: 40- 7062 -733 (D2S)
BID AMOUNT: $12,418.00
SECTION 2. That the "City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond , seconded by Mayor Cooper
and on the following roll call vote:
AYES: Councilman Bond ,Mayor Cooper, Councilmembers Billig,,Dunin and Munger
NOES: None
ABSENT: None
the foregoing Resolution was passed and
19 80.
ATTEST:
CITY ,,4rfm J.H. FITZPATRICK
APPROVED:
City Ad ini trative Officer
:this 19th day of August
R 4237
RESOLUTION NO. 4236 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING -AN AGREEMENT BETWEEN THE
CITY AND LINNAE.A PHILLIPS TO COORDINATE ALL
MISSION PLAZA PROGRAMS, ACTIVITIES AND EVENTS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Linnaea Phillips
is hereby approived and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Linnaea Phillips, City
Finance Director, Director of Parks & Recreation
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 adopt�u yhis 19th day of AllQllSt 1980-
LYNN R. COOP?
ATTEST:
CITY C J.H. FITZPATRICK
APPROVED-
minis rative Officer
R 4235
A G R E E M E N T
This Agreement, effective July 1, 1980, is by and between the CITY OF SAN LUIS
OBISPO (hereinafter referred to as "City ") and LINNAEA PHILLIPS (hereinafter referred
to as "Coordinator ").
WITNESSETH
WHEREAS, City desires to promote Mission Plaza as a community recreational
area; and
WHEREAS, the coordination and development of cultural and recreational
events in Mission Plaza is a desirable asset to the City; and
WHEREAS, Linnaea Phillips is qualified to carry out such activities on
behalf of the City; and
WHEREAS, the provisions of the Government Code of the State of California
authorize the expenditure of public funds by a municipal corporation as therein and
herein provided:
NOW, THEREFORE, City and Coordinator, for and in consideration of the mutual
benefits, promises and agreements set forth herein, do agree as follows:
1.. The term of this agreement shall be from July 1, 1980, through June 30, 1981,
with one month as unpaid vacation and determined by mutual consent between Coordinator
and Director of Parks and Recreation, and this agreement shall be subject to earlier
termination by either party as otherwise provided herein.
2. Coordinator will perform duties as set forth in Exhibit "A ", attached hereto.
3. Notwithstanding the wording of Exhibit "A ", or any other representations,
oral or written, between the parties, including any and all agents or representatives
thereof„ Coordinator, at all times covered by the terms of this agreement, is acting
as a free and independent contractor, and not as an employee of the City. The City
Park and Recreation department shall provide broad general guidance and Coordinator
shall be expected to use initiative and discretion in performing the details of the
work. The records required to be kept by Coordinator under this agreement are solely
to provide City with criteria for evaluating the overall value of this and possible
�I
subsequent contracts and not as details to establish performance or non - performance
by Coordinator.
4. Coordinator will receive notice of monthly meetings of both Park and
Recreation Commission and Promotional Coordinating Committee and act as liaison
between the two advisory bodies. Coordinator will attend such meetings of either
advisory body when placed on the agenda to provide reports detailing events, coming
events and expenditures.
5. The Coordinator will work no less than twenty -five (25) hours each week
and as necessary to maintain control during City sponsored events.
6. City agrees to pay Coordinator Three Hundred Seventy Dollars ($370) per
month for eleven ;. (11) months for a total yearly compensation of $4,070.
7. City agrees to pay monthly phone bills as submitted by Coordinator to
Park and Recreation Department.
8. City agrees to pay miscellaneous expenses incurred in planning and
producing City sponsored programs and events.. The Coordinator will discuss
miscellaneous expenses with Park and Recreation Department prior to purchase and
be responsible for submitting invoices to Park and Recreation Department for approval
prior to payment by the City Finance Department.
9. City agrees to allow Coordinator the use of the Murray Adobe for office
operations. Said office shall be open twenty (20) hours per week as announced to
allow public access to museum displays and office. No sales will be made at the Adobe.
10. Either party may terminate this agreement prior to its normal expiration
by mailing a notice of termination by certified mail to the other party at the
respective addresses as follows:
CITY: City Clerk
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93401
COORDINATOR: Linnaea Phillips
676 Pismo
San Luis Obispo, CA 93401
4
The agreement shall be terminated thirty (30) days after the mailing of such
notice, or sooner if the parties so agree in writing. Obligations due and payable
on the termination date shall be calculated pro -rata based upon the calendar days
in the month.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
ATTEST:
S/J:H. FITZPATRICK
CITY CLERK J.H. FITZPATRICK
MISSION PLAZA EVENTS COORDINATOR
Linnaea Phillips
CITY OF SAN LUIS OBISPO
_ ell YNN R COORPR
MAYOR LYNN R. COOPER
MISSION PLAZA EYE5TS COOROi -TOR
Goals of the Coordinator:
To investigate and, where possible, develop new possibilities
for events in Mission Plaza, including but not limited to:
May Day
Old Fashioned Fourth of July
Fall Fair
Christmas in the Plaza
To develop a group of small events with cross- section
interest;
To develop a group of small events which stress the Cultural
and Heritage of San Luis Obispo, past and present;
To continue Murray Adobe as display space;
To continue development of evening concerts and other activities
in Mission Plaza.
Duties of the Coordinator:
To write, produce and distribute news releases, storie.s and
utilize personal contacts with the media to publicize events
in the Mission Plaza.
To act as liaison between Promotional Coordinating Committee,
Park and Recreation Commission and Park and Recreation Department..
To act as liaison between Old Mission Church and Park and
Recreation Department concerning scheduling of events.
To be responsible for scheduling and keeping master schedule
of all Mission Plaza Events in accord with Mission Plaza rules and
regulations.
To disseminate information concerning use of Mission Plaza to
potential users and act as consultant in programs and activities
not sponsored by the City.
To coordinate and develop local events and activities which
will fulfill those ideals stated in Plaza use Philosophy and in-
Cluded in Mission Plaza rules and regulations.
To maintain liaison with various community groups and
individuals who can provide information, exhibits, et cetera for
use in the Mission Plaza.
r
EXHIBIT "A"
xzz
' RESOLUTION NO. 4235 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE 1980 -81 ANNUAL
TRANSPORTATION CLAIM AND AMENDMENT NO. 2 TO THE
1979 -80 ANNUAL TRANSPORTATION'CLAIM
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. To approve the 1980 -81 Annual Transportation Claim.
Section .2. To approve Amendment No. 2 to the 1979 -80 Annual Transportation
Claim.
Section 3. To authorize the Mayor to execute the appropriate claim documents
for the City.
Section 4. To direct the City Clerk to forward two executed copies of each
claim and a certified copy of this resolution to:
San Luis Obispo County Area Council of Governments
979 Osos.Street, Suite B
San Luis Obispo, CA 93401
On motion of Councilman Bond_ seconded by Councilman Munger
, and on the following roll call vote:
AYES: Councilmembers Bond, Munger, Billi.g, Dunin and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 19.th day of August
1980.
ATTEST:
city Cie Fitzpatrick
R 4235
Resolution No. 42M -2- (1980 Series)
APPROVED:.
City -A m' i Officer
/
Y
follows:
RESOLUTION NO. 4234 (1560 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND ROBERT BRUINGTON, ETAL. (GARFIELD
WATERLINE - $20,000 QUARTERLY PROGRAM.)
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. That certain agreement, attached hereto marked "Exhibit
A" and incorporated herein by reference, between the City of San Luis Obispo
and Robert Bruington, Betty Bruington, Joseph Strickland and Sandra Strick-
land 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: Robert Bruington,
the Director of Public Services, the Utilities 'Engineer / Super intendent, the
Finance Director, the Chief Building Inspector and the Fire Chief.
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 19tflay of August ,
ATTEST:
City -7.H. Fitzpatrick
* * * * * * * * * * * * *
R 4234
Resolution No. 4234
APPROVED:
City Ad-mhdstrdti e Officer
City Attorney
Director of Public Services
1980Seres
-2-
L r_
EXHIBIT "A"
AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT, dated 19;3'0, for the convenience
of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and Robert Bruington, Betty
Bruington, Joseph Strickland and Sandra Strickland, the fee owners and
developers of the real property described in EXHIBIT "B ", attached
hereto, hereinafter called "Developers ".
WITNESSETH:
In consideration of the mutual benefits, promises and agreements
set forth herein, the parties agree as follows:
1. The City agrees to contract for the installation of, and
assist in funding the following described water system improvements in'
accordance with Municipal Code Section 7410.9 subsection (c), relating
to main extensions to new customers other than subdivisions, and City
Council Resolution No. 2435, adopted on March 9, 1973, which resolution
is made a part of this agreement as though specifically set forth herein:
A. Construction of approximately 140 feet of 8 inch diameter
water line in Garfield Street from Monterey Street to Buena
Vista Street with tie -in to existing 14 inch diameter steel
transmission line in Monterey.
2. Said water system improvements have been determined necessary
to provide adequate fire protection for developments on the property at
1942 Garfield Street, said property being more particularly described in
EXHIBIT "B" attached.
C�
Agreement
City $ R. Bruington, etal
page 2
3. City agrees to prepare plans and specifications providing
for the above described installation to City.standards and to call for
bids, award a contract and administer same in accordance with the
provisions of Section 724 of the City Charter.
4. Developer agrees to pay the following amounts as his share
of the costs for said improvements:
A. At the time of signing.this agreement, a deposit in
the sum of $500.00.
B. Prior to the commencement of the work and immediately
following the opening of bids; the additional amount of $1000.00
which represents the balance of the $1,500.00 contribution to
this project offered by developers. It is understood that if
said balance is not paid to the City within thirty (30) days
after notification to do so, no improvements will be made and
the deposit will be forfeited and retained by the City.
5. For planning purposes; the City estimates that the water
system improvement will be completed within five (5) weeks after the
contract is awarded; the City agrees to use due diligence in seeking
timely contract performance. However, the parties recognize that City
cannot guarantee timely performance; and Developer agrees that City shall
not be responsible for any loss incurred by him as a result of delays in
contract completion. Developer also agrees to hold City harmless from
all claims by third persons, purchasers or tenants which are based upon
delays in performance of the water main construction contract.
-2-
Agreement
City & R. Bruington, etal
page 3
6. Developer agrees that he will not seek a certificate of
occupancy and he will not permit others to occupy, the project to be
constructed by him upon the real property referred.to herein prior to the
completion of the needed water system improvements, unless written
permission to do so is obtained from the City Fire Department.
7. This agreement shall be binding upon and shall inure to
the benefits of the heirs, assigns, and all other successors in interest
of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed.
CITY OF SAN LUIS OBISPO:
slLYNN R. COOPER
Mayor Lynn R. Cooper
ATTEST:
SUR FITZPATRICK
City Clerk J.H. Fitzpatrick
DEVELOPERS:
fr
Rob6rt Bruington
-3-
Agreement
City & R. Bruington, etal
page 4
APPROVED: /
City Admigds "ra"tive 0 ficer
Director of Public Services
-4-
e•
EXHIBIT "B"
AGREEMENT AFFECTING REAL PROPERTY
That portion of Lots 1,2,3, and 4 in Block 35 of Phillip's
Addition to the City of San Luis Obispo, in the City of
San Luis Obispo, County of San Luis Obispo, State of Calif-
ornia, according to map filed for record August 27, 1902
in the office of the County Recorder of said County, described
as follows:
Beginning at the Southeast corner of said Lot 1 on the North
line of Murray Street; thence West along the North line of
Murray Street, 50 feet; thence North at right angles to the
North Line of Murray Street, 120 feet; thence East 50 feet
and then South 120 feet to the point of beginning.
(Murray Street has been renamed Garfield)
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RESOLUTION NO. 4233 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND ECONOMIC RESEARCH ASSOCIATES FOR
DEVELOPMENT OF THE COMMUNITY 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
Economic Research Associates.
is hereby approved and the Mayor is authorized to execute the.same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Wayne Peterson, City
Engineer and Kahn & Associates, Inc.
On motion of Councilman Munger seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Councilmembers Munger, Billig, Dunin and Mayor Cooper
NOES: Councilman Bond
ABSENT: None
the foregoing Resolution was passed and
ATTEST:
CITY CL J.I. FITZPATRICK
APPROVED:
Ci y Admin t ve Officer
, 19 8Q
R 4233
0
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CONSULTING SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of August
1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of
California, hereinafter "City ", and, ECONOMIC RESEARCH ASSOCIATES of
San Francisco, California, hereinafter "Consultant."
WITNESSETH:
WHEREAS, City desires to retain certain services for development of a
community parking program. This consultant service shall be in the area of
development of sources of income for the program, including assessment
formula development and assessment spreads.
WHEREAS, City desires to engage Consultant to provide these services
by reason of its qualifications and experience for performing such services,
and Consultant has offered to provide the required.services on the terms
and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants, the parties
hereto agree as follows:
1. PROJECT COORDINATION.
(a) City. The 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.
(b) Consultant. Consultant shall assign a sinqle Project Manager to
have overall responsibility for the progress and exeuution of this agreement
for Consultant. William W. Lee hereby is designated as the Project.Manager
for Consultant. Should circumstances or conditions subsequent to the execution
-1-
0 0 � ; . .
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. Consultant'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 shall be made by William W. Lee 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 incorporated 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 incidental to the
due and lawful prosecution of the services to be performed by Consultant under
this agreement;
(2) Keep itself fully informed of all existing and future federal,
state, and local laws, ordinances, regulations, orders, and decrees which may
affect .those engaged or employed under this agreement, any materials used in
Consultant's performance under this agreement, or the conduct of the services
under this agreement;
(3) At all times observe and comply with, and cause all of its
employees, to observe and comply with, all of said laws, ordinances,
regulations, orders, and decrees mentioned above;
(4) Immediately report to the City's Project Manager in writing
any discrepancy or inconsistency it discovers in said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this agreement.
-2-
(c) Release of Reporte and Information. Any reports, information,
data, or other material given to, or prepared or assembled by, Consultant
under this agreement shall be the property of City and shall not be made
available to any individual or organization by Consultant without the prior
written approval of the City's Project Manager.
(d) Copies of Reports and Information. If City requests additional,
copies of reports, drawings, specifications, or any other material in addition
to what 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.
4. COMPENSATION.
(a) For the full performance of the services described herein by
Consultant, City shall compensate Consultant on a time and materials basis
utilizing the fee schedule outlined in Exhibit "D" attached hereto and
incorporated herein by this reference. In no case shall the total compensation
exceed that stated in Exhibit D for the work to be performed by Consultant
hereunder.
(b) City shall pay Consultant according to the following schedule:
(1) Payment for consulting services for the first 90% of the
work to be performed under this agreement will become due and payable in
accordance with the monthly progress invoices to be computed utilizing the
fee schedules in Exhibit "D ".
-3-
•
0
(2) The final loo will become due and payable upon
acceptance by the City of the particular phase of the project.
5. TIME IS OF THE ESSENCE.
(a) Time of completion of this project is of the essence.
(b) Consultant shall complete the work to be performed under
this agreement within the time frame set out in Exhibit "D ".
(c) Time extensions may be allowed for delays caused by City;
other governmental agencies, or factors not directly brought about by the
negligence or lack of due care on the part of the Consultant.
6. TEMPORARY SUSPENSION.
The City Engineer.shall have the authority to suspend this
agreement, 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.
7. SUSPENSION: TERMINATION.
(a) Right to Suspend or Terminate. The City retains the right to
terminate this agreement for any reason by notifying Consultant in writing seven
(7) days prior to termination and by paying the compensation due and payable
to the date of termination; provided, however, if this agreement is terminated
for fault of Consultant, City shall be obligated to compensate Consultant only
for that portion of Consultant services which are of benefit to City. Said
compensation to be arrived at by mutual agreement of the City and Consultant
and should they fail to agree, then an independent arbitrator is to be
appointed and his decision shall be binding upon the parties.
-4-
(b) Return of Materials. Upom' -such termination, Consultant shall
turn over to the City immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared
by Consultant, and for which Consultant has received reasonable compensation,
or given to Consultant.in connection with this agreement. Such materials
shall become the permanent property of City. Consultant, however, shall not
be liable for City's use of incomplete materials or for City's use of complete
documents if used for other than the project contemplated by this agreement.
S. INSPECTION.
Consultant shall furnish City with every reasonable opportunity
for Citv 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
Manager's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its agreement as
prescribed.
9. O.-MERSHIP OF MATERIALS.
All original drawings, plans and other materials prepared by
Consultant pursuant to this agreement shall become the permanent property of
the City.
10. IP:DEPENDENT JUDGMENT
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for under this
agreement, on the basis of differences in matters of judgment shall not be
construed as a failure on the part of Consultant to meet the requirements of
this agreement.
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11. ASSIGNMENT; SUBCONTRACTORS: EMPLOYEES.
This agreement is for the performance of professional consulting
services of the Consultant and is not assignable by the Consultant without
prior consent of the City in writing. The Consultant may employ other
specialists to perform special services as required with prior approval by
the City.
12. NOTICES.
All notices hereunder shall be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
TO CITY: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
TO CONSULTANT: Economic Research Associates
680 Beach Street
San Francisco, CA 94109
13. INTEREST OF CONSULTANT.
Consultant covenants that it presently has no interest, and shall
not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services
hereunder. Consultant further covenants that, in the performance of this
agreement, no subcontractor or person having such an interest shall be employed.
Consultant certifies that no one who has or will have any financial interest
under this agreement is an officer or employee of City. It is expressly
agreed that, in the performance of the services hereunder, Consultant shall at
all times be deemed an independent contractor and not an agent or employee of
City.
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14. INDEMNITY.
Consultant hereby agrees to indemnify and save harmless. City,
its officers, agents and employees of and from:
(1) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury to or death
of any person or damage suffered or sustained by any person or corporation
caused by any negligent act or omission of Consultant under this agreement
or of Consultant's employees or agents;
(2) Any and all damage to or destruction of the property of
City, its officers, agents, or employees occupied or used by or in the care,
custody, or control of Consultant, or in proximity to the site of Consultant's
work, caused by any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
(3) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury to or death
of or damage suffered or sustained by any employee or agent of Consultant
under this agreement, however, caused, excepting, however, any such claims
and demands which are the result of the negligence.or willful misconduct of
City, its officers, agents, or employees;
(4) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any infringement or
alleged infringement of any patent rights or claims caused by the use of any
apparatus, appliance; or materials furnished by Consultant under this
agreement; and
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� 7
(5) Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term or condition
of any permit, when said violation of any law or regulation or of any term
or condition of any permit is due to negligence on the part of the Consultant.
Consultant, at its own cost, expense, and risk, shall defend any and
all suits, actions, or other legal proceedings that may be brought or instituted
by third persons against City, its officers, agents, or employees on any such
claim or demand of such third persons, or to enforce any such penalty, and
pay and satisfy any judgment or decree that may be rendered against City, its
officers, agents, or employees in any such suit, action, or other legal
proceeding, when same was due to the negligence of the Consultant.
15. WORKERS' COMPENSATION.
Consultant certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be insured
against liability for workers' compensation or to undertake self- insurance
in accordance -with the provisions of that code, and it certifies that it will
comply with such provisions before commencing the performance of the work
of this agreement.
16. INSURANCE.
At the request of the City Engineer, Consultant shall provide proof
of comprehensive general liability insurance ($500,000) (including automobile)
and professional liability insurance ($250,000) satisfactory to the City
Engineer.
17. AGREEMENT BINDING.
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators, assigns,
and subcontractors of both parties.
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If Consultant is found in violation of the nondiscrimination
provisions of this agreement or. the applicable affirmative action guidelines
pertaining to this agreement, Consultant shall be found in material breach
of this agreement. Thereupon, City shall have the power to cancel or suspend
this agreement, in whole or in part, or to deduct from the amount payable to
Consultant the sum of Two Hundred Fifty Dollars ($250) for each claendar day
during which Consultant is found to have been in such noncompliance as damages
for said breach of contract, or both.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS.
This document represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral. This document may be amended only by
written instrument, signed by both City and Consultant. All provisions of this
agreement are expressly made conditions. This agreement shall be governed by
the.laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the
day and year first above written.
CONSULTA T:- OMIC RESEARCH ASS ES
By dILLIAM W. LEE
CITY OF SAN LUIS OBISPO
By s/LYNN R. COOPER
MAYOR LYNN R. COOPER
ATTEST:
_ s/J.H. FiTZPATRECE(
City Clerk J.H. Fitzpatrick
18. WAIVERS.
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision, ordinance, or
law shall not be.deemed to be a waiver of any subsequent breach or violation
of the same or of any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or other money which
may become due hereunder shall not be deemed to be a waiver of any preceding
breach or violation by the other party of.any term, covenant, or condition of
this agreement or of any ,applicable law or ordinance.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising out of
this agreement may recover, its reasonable costs and attorneys' fees expended
in connection with such an action from the other party.
20. NONDISCRIMINATION.
No discrimination shall be made in the employement of persons under
this agreement because of the race, color, national origin, ancestry, religion
or sex of such person.
If Consultant is found in violation of the nondiscrimination provisions
of the State of California Fair Employement Practices Act or similar provisions
of federal law or executive order in the performance of this agreement, it
shall thereby be found in material breach of this agreement. Thereupon, City
shall have the power to cancel or suspend.this agreement, in whole or in part,
or to deduct from the amount payable to Consultant the sum of Twenty -.five Dollars
($25) for each person for each calendar. day during which such person was
discriminated against, as damages.for said breach of contract, or both. Only
a finding of the State of California Fair Employement Practices Commission or
the equivalent federal agency or officer shall constitute evidence of a
violation of contract under this paragraph.
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t
EXHIBIT A
William W. Lee Project Manager
Steve Spickard Staff
Julie Buford Staff
A -1
EXHIBIT B
Scope of Services
ERA proposes a three - phased consulting effort summarized as follows:
1. Examination of assessment approaches, other funding sources and
project alternatives.
2. Selection of assessment approach and preparation of preliminary
assessment spread.
3. Additional consultation and final assessment spread.
Phase I: Examination of Alternatives
In this first.phase of the project, ERA will examine the assessment
approaches used by other California communities; the issues unique
to San Luis Obispo; the location, size, and cost of facilities contem-
plated as they relate to the financial bearing capacity of this com-
munity and supplemental sources of revenue possible. The actual tasks
to be performed are discussed in greater detail below.
1. ERA will first present a review of the experience of other California
communities in formation and operation of parking assessment
districts. Five or six detailed case studies, emphasizing post
Proposition 13 experience, will be presented. The case studies
will focus on the formula for allocating costs between the City
and the special district and between different property owners in
the special district.. It will also identify the range of costs
borne by property owners in these other cities.
2. Since San Luis Obispo is a unique community, ERA proposes to
interview 25 to 30 key project area merchants and property owners
to determine issues of concern of this community. These discus -.
sions will be designed to assuage fears concerning unfair assess-
ments and to determine the magnitude of financial support possible
in the downtown for additional parking. Unique situations which
deserve special attention will be identified for City consideration..
3. ERA will also discuss the location, size, and cost of proposed
parking improvements as they relate to the perceived need of the
community and the financial bearing capacity of that community
with the Project Manager and the design firm retained by the City.
It will be ERA's responsibility to insure that the location and
cost of improvements are not inconsistent with community needs and
ability to pay.
B -1
ERA will also consider the existing and future expenses of the existing
parking program, including the present bonded indebtedness, operational,
and maintenance cost and the establishment of a fund for-future lots and /or
structures.
4. ERA will explore sources of revenue other than assessments. These
could include grants from state and federal agencies, parking meter
revenues, business taxes, monthly parking stall lease fees, validation
program, commercial space rent, rental to other public agencies, con-
tribution by the City or County, parking in lieu fees, and tax increment
bond revenues. These revenues, if available, would reduce the assess-
ment burden and facilitate formation of the special district.
At the conclusion of these four tasks, ERA will recommend two or three
alternative assessment approaches which are appropriate for downtown
San Luis Obispo, the different benefit zones as distance from parking
facilities increase and hypothetical annual assessment costs on represen-
tative properties under each approach. All of the above and related
issues will be compiled in a concise Phase I interim report for City staff,
BIA, and City Council review and decision.
As a part of this consulting effort, ERA will meet with the Citizen's
Advisory Committee at the beginning of the study and once again at the
conclusion of Phase I to present findings and recommendations. The 25 to
30 personal interviews will represent additional interaction with the
downtown San Luis Obispo community.
Phase II: Preliminary Assessment Spread and Engineer's Report
After receiving the Phase I report and other input from other consultants,
the City will presumably decide.on specific parking improvement projects
and the appropriate assessment approach. Once those decisions are made,
ERA will be instructed to proceed with Phase II. The specific tasks to
be performed by ERA in Phase II are as follows:
1. ERA will do the detailed field research which is necessary to apply
the selected assessment formula to the properties in the assessment
district. Depending upon the formulas selected, this could involve
measurement of land parcel are building use, building square footage,
distance to parking facilities, parking spaces privately provided,
and other variables.
2. After the field research has been completed, the specific character-
istics to be used in determining.the formula will be mailed to each
property owner for varification of accuracy.
3. ERA will refine the boundaries of
specific property lines. Street
mation will be incorporated.
B -2
the benefit zones to conform to
crossings and other pertinent infor-
4. ERA will then prepare the "Engineer's Report" which will include
formula development, characteristics of each property, boundaries
of benefit zones, fractional allocations of annual assessments to
each property, and the preliminary annual assessment of each property.
Submission of this "Engineer's Report" will represent conclusion of
Phase II. During Phase II, ERA will attend one meeting at the beginning
to receive input on decisions reached by the City and the Advisory
Committee.
Phase III: Follow -on Consultation
EAR will remain available for follow -on consultation on a time- and - expense
basis. This follow -on consultation could include additional meetings,
preparation of the final assessment spread after detailed costs are
provided, and other services.
B -3
E '
EXHIBIT C
City Responsibility
For ERA to perform its duties in an efficient manner, assistance from
the City is expected in several areas. The City is requested to
provide the following:
1. Form the steering committee for this study.
2. Select the 25 to 30 individuals to be interviewed.
3. Schedule meetings and interviews.
4. Provide supporting information such as parking studies, assessor's
maps, base maps, and aerial photographs.
C -1
17YT4TRTT 11
Time and Cost
ERA anticipates a three to four month time span for this study. Our
experience indicates that the decision making by the City and the
community is more time consuming than the flow of consulting work.
ERA proposes a fixed fee contract of ten thousand dollars ($10,000)
for Phase I and seven thousand five hundred dollars ($7,500) for
Phase II. The total for Phases I and II therefore, be seventeen
thousand five hundred dollars ($17,500).
For Phase III work, the prevailing billing rate at the time of service
will apply and expenses will be billed at cost plus ten percent. The
current billing rates for key staff listed below.
William W. Lee Project Manater $66
Steve Spickard Staff $47
Julie Burford Staff $35
These rates are subject to increases as salaries are increased over time.
MDR
,,
i
RESOLUTION NO. 4232 (1930 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY Or SAN
LUIS 03ISPO APPROVING AN AGREEME`IT BETWEEN THE
CITY AND MERRIAM, DEASY & WHISENANT, INC. FOR
DEVELOPMENT OF THE COMMUNITY PARKING 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
Merriam, Deasy & Whisenant, Inc.
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Wayne Peterson, City
Engineer and Kahn & Associates, Inc.
On motion of Councilman Munger
, seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Councilmembers Munger, Billig, Dunin and Mayor Cooper
NOES: Councilman Bond
ABSENT: None
the foregoing Resolution was passed and adoptd This 19th day of August , 1980.
ATTEST:
CITY CT E H. FITZPATRICK
APPROVED:
C1. n 's ativcer
R 4232
I
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this, 19th day of August ,
1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of
California, hereinafter "City ", and, Merriam, Deasy & Whisenant, Inc. of
San Luis Obispo, hereinafter 'Consultant
WITNESSETH-
WHEREAS, City desires to retain certain services for the development of a
community parking program. This consultant is being retained to provide
architectural and engineering services.
WHEREAS, City desires to engage Consultant to provide these services
by reason of its qualifications and experience for performing such services,
and Consultant has offered to Provide the required.services on the terms
and in the manner set forth herein;
NOW, THEREFORE, in consideration of their mutual covenants, the parties
hereto agree as follows:
1: PROJECT COORDINATION.
('a) City. The 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.
fie shall supervise the progress and execution of this agreement.
(b) Consultant. Consultant shall assign a sinqle Project Manager to_
have overall responsibility for the progress and exeuction of this agreement
for Consultant. Jay R. Whisenant hereby is designated as the Project Manager
for Consultant. Should circumstances or conditions subsequent to the execution
-1-
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. Consultant'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 shall be made by Jay R. Whisenant or his City approved subsititue.
2. DUTIES OF CONSULTANT.
(a) Services to be furnished: Consultant shall provide all specified
services as set forth in Exhibit "B" attached hereto and incorporated 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 incidental to the
due and lawful prosecution of the services to be performed by Consultant under
this agreement;
(2) Keep.itself fully informed of all existing and future federal,
state, and local laws, ordinances, regulations, orders, and decrees which may
affect those engaged or employed under this agreement,.any materials used in
Consultant's performance under this agreement, or the conduct of the services
under this agreement;
(3) At all times observe and comply with, and cause all of its
employees, to observe and comply with, all of said laws, ordinances,
regulations, orders, and decrees mentioned above;
(4) Immediately report to the City's Project Manager in writing
any discrepancy or inconsistency it discovers in.said laws, ordinances,
regulations, orders, and decrees mentioned above in relation to any plans,
drawings, specifications, or provisions of this agreement.
-2-
r)
•
(c) Release of Reports and Information. i "Uiy reports, information,
data, or other material given to, or prepared or assembled by, Consultant
under this agreement shall be the property of City and shall not be made
available to any individual or organization by Consultant without the prior
written approval of the City's Project Manager..
(d) Copies of Reports and Information. If City requests additional
copies of reports, drawings, specifications, or any other material in addition
to what 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 "B" attached hereto and incorporated by this reference.
4. COMPENSATION.
(a) For the full performance of the services described herein by
Consultant, City shall compensate Consultant on a time and materials basis
utilizing the fee schedule outlined in Exhibit "C" attached hereto and
incorporated herein by this reference. In no case shall the total compensation
exceed the maximum listed amount shown.in Exhibit C for any single phase for
the work to be performed by Consultant hereunder.
(b) City shall pay Consultant according to the following schedule:
(1) Payment for consulting services for the first 90% of the
work to be performed under this agreement will become due and payable in
accordance with the monthly progress invoices to be computed utilizing the
fee schedules in Exhibit "D ".
-3-
(2).The final 10% of each phase will become due and.payable
upon acceptance by the City of the phase.
5. TIME.IS OF THE ESSENCE.
(a) Time of completion of this project is of the essence.
(b) Consultant shall complete the work to be performed under
this agreement within the time frame set out in Exhibit "D" attached
hereto and incorporated herein by this reference.
(c)_Time extensions may allowed for delays caused by City,
other governmental agencies, or factors not directly brought about by the
negligence or lack of due care on the part of the Consultant.
6. TEMPORARY SUSPENSION.
The City Engineer shall, have the authority to suspend this
agreement, 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.
7. SUSPENSION: TERMINATION..
(a) Right to Suspend or Terminate. The City retains the right to
terminate this agreement for any reason by notifying Consultant in writing seven
(7) days prior to termination and by paying the compensation due and payable
to the date of termination; provided, however, if this agreement is terminated
for fault of Consultant, City.shall be obligated to compensate Consultant only
for that portion of Consultant services which are of benefit to City. Said
compensation to be arrived at by mutual agreement of the City and Consultant
and should they fail to agree, then an independent arbitrator is to be
appointed and his decision shall be binding upon the parties:
-4-
(b) Return of Materials. Upon such termination, Consultant shall
turn over to the City immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared.
by Consultant, and for which Consultant has received.reasonable compensation,
or given to Consultant in connection with this agreement. Such materials
shall become the permanent property of City. Consultant, however, shall not
be liable for City's use of incomplete materials or for City's use of complete
documents if used for other than the project contemplated by this agreement.
8. INSPECTION.
Consultant shall furnish City with every reasonable opportunity
for City to ascertain that the services of Consultant are being performed in
accordance with the requirements and intentions of this agreement. All work
done and all materials furnished, if any, shall be subject to the City Project
Manager's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its.obligations to fulfill its agreement as
prescribed.
9. OWNERSHIP OF MATERIALS:
All original drawings, plans and other materials prepared by
Consultant pursuant to this agreement shall become the permanent property of
the City.
.10.. INDEPENDENT JUDGDSENT.
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for under this
agreement, on the basis of differences in matters of judgment shall not be
construed as a failure on the part of Consultant to meet the requirements of
this agreement.
-5-
1
1J: ASSIGNMENT; SUBCONTRACTORS: EMPLOYEES.
This agreement is for the performance of professional consulting
services of the Consultant and is not assignable by the Consultant without
prior consent of the City in writing. The Consultant may employ other
specialists to perform special services as required with prior approval by
the City.
12. NOTICES.
All notices hereunder shall be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
TO CITY: Office of the City Clerk
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
TO CONSULTANT: Merriam Deasy & Whisenant, Inc.
979 Osos Street
San Luis Obispo, CA 93401
13. INTEREST OF CONSULTANT.
Consultant covenants that it presently has no interest, and shall
not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services
hereunder. Consultant further covenants that, in the performance of this
agreement, no subcontractor or person having such an interest shall be employed.
Consultant certifies that no one who has or will have any financial interest
under this agreement is an officer or employee of City. It is expressly
agreed that, in the performance of the services hereunder, Consultant shall at
all times be deemed an independent contractor and not an agent or employee of
City.
-6-
14. INDEMNITY.
Consultant hereby agrees to indemnify and save harmless City,
its officers, agents and employees of and from:
(1) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury to or death
of any person or damage suffered or sustained by any person or corporation
caused by any negligent act or omission of Consultant under this agreement
or of Consultant's employees or agents;
(2) Any and all damage to or destruction of the property of
City, its officers, agents, or employees occupied or used by or in the care,
custody, or control of Consultant; or in proximity to the site of Consultant's
work, caused by any negligent act or omission of Consultant under this
agreement or of Consultant's employees or agents;
(3) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury to or death
of or damage suffered or sustained by any.employee or agent of Consultant
under this agreement, however, caused, excepting, however, any such claims
and demands which are the result of the negligence or willful misconduct of
,City, its officers, agents, or employees;
(4) Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any infringement or
alleged infringement of any patent rights or claims caused by the use of any
apparatus, appliance, or materials furnished by Consultant under this
agreement; and
-7-
(5) Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term or condition
of any permit, when said violation of any law or regulation or of any term
or condition of any permit is due to negligence on the ,part of the Consultant.
Consultant, at its own cost, expense, and risk, shall defend any and
all suits, actions, or other legal proceedings that may be brought or instituted
.by third persons against City, its officers, agents, or employees on any such
claim or demand of such third persons, or to enforce any such penalty, and
pay and satisfy any judgment or decree that may be rendered against City, its
officers, agents, or employees in any such suit, action, or other legal
proceeding, when same was due to the negligence of the Consultant.
15. WORKERS' COMPENSATION.
Consultant certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be insured
against liability for workers' compensation or to undertake self- insurance
in accordance with the provisions of that code, and it certifies that it will
comply with such provisions before commencing the performance of the work
of this agreement.
16. INSURANCE.
At the request of the City Engineer, Consultant shall provide proof
of comprehensive general liability insurance ($500,000) (including automobile)
and professional liability insurance ($250,000) satisfactory to the City
Engineer.
17. AGREEMENT BINDING.
the terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators, assigns,
and subcontractors of both parties.
CM
18. WAIVERS.
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision, ordinance, or
law shall not be deemed to be a waiver of any subsequent breach or violation
of the same or of any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or other money which
may become due hereunder shall not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, covenant, or condition of
I
this agreement or of any applicable law or ordinance.
19. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action between the parties to this
agreement brought to enforce the terms of this agreement or arising out of
this agreement may recover its reasonable costs and attorneys' fees expended
in connection with such an action from the other party.
20. NONDISCRIMINATION.
No discrimination shall be made in the employement of persons under
this agreement because of the race, color, national origin, ancestry, religion
or sex of such person.
If Consultant is found in violation of the nondiscrimination provisions
of the State of California Fair Employement Practices Act or similar provisions
of federal law or executive order in the performance of this agreement, it
shall thereby be found in material breach of this agreement. Thereupon, City
shall have the power to cancel or suspend this agreement, in whole or in part,
or to deduct from the amount payable to Consultant the sum of Twenty -five Dollars
($25) for each person for each calendar day during which such person was
discriminated against, as damages for said breach of contract, or both.. Only
a finding of the State of California Fair Employement Practices Commission or
the equivalent federal agency or officer shall constitute evidence of a
violation of contract under this paragraph.
IM
L
If Consultant is found in violation of the nondiscrimination
provisions of this agreement or the applicable affirmative action guidelines
pertaining to this agreement, Consultant shall be found in material breach
of this agreement. Thereupon, City shall have the power to cancel or suspend
this agreement, in whole or in part, or to deduct from the amount payable to
Consultant the sum of Two Hundred Fifty Dollars ($250) for each claendar day
during which Consultant is found to have been in such noncompliance as damages
for said breach of contract, or both.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS.
This document represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral. This document may be amended only by
written instrument, signed by both City and Consultant. All provisions of this
agreement are expressly made conditions. This agreement shall be governed by
the laws of the State of California.
IN WITNESS WHEREOF, City and Consultant have executed this agreement the
day and year first above written..
CONSULTANT: TRRIAiM, DEASY & ISGNANT, INC.
By R �1/)
CITY OF SAN LUIS OBISPO
By s /LYNN R. COOPER
MAYOR R.
ATTEST:
OR MPATRICK
City Clerk J.H. Fitzpatri
EXHIBIT A
The following key staff from each firm will be participating in the project:
1. Jay R. Whisenant, AIA (Principal, MDW) Mr. Whisenant will be responsible
for the on -going overall administration of the project throughout all
phases, including presentations, team coordination and work product
direction and review.
2. Bruce D. Fraser, AIA (Principal, MDW): Mr. Fraser will be responsible
for the daily architectural administration of the project and conceptual
design tasks.
3. J. Renard Bollier, Architect (Associate, Conrad Associates): Mr. Bollier
will be responsible for the functional design layouts, operating costs/
income analysis and design construction performance documentation.
Supporting Consultants
If the city elects to pursue the more conventional method of our consultant
team preparing the final construction documents, rather than the design/
construct method, we would utilize the following building system consultants:
Mechanical Engineering: Charles Mistretta and Associates
Electrical Engineering: Perry and Ring, Inc.
Landscape Design: Karner Caminiti and Associates
Should the city select the design /build concept, and a contracting entity
associated with Conrad Associates obtains the construction, we would
propose that P.E. Lawrence and Associates be retained by our team to provide
the on -going bid evaluation and construction services.
._ .. t
A -1
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EXHIBIT B
The scope of work is based on the six phases. Summarized briefly, the
major tasks and work products of each phase are as follows:
Phase 1: Concept Development
.A major focus of our activities
alternative functional designs
of each, and recommendation to
The end product of this phase i
describe the conceptual budget,
operational /design programs.
Phase.2: Schematic Design
in this phase is the development of
and programs for each site, evaluation
the City Council of a preferred alternate.
s the selection of an alternative that will
number of cars, functional layout, and
This phase takes the selected alternate of phase 1 and prepares a specific
design expression for the functional layout. Evaluation of various building
systems and architectural designs are developed in this phase, as well as
deciding whether to go on a design /build or conventional approach.. This
phase ends with the approval, by all appropriate agencies and groups, of
the architectural design, cost estimate, and project approach.
Phase 3: Petition Administration
Our work in this phase is minimal, consisting of monitoring the construction
climate to ascertain any changes in cost, scheduling, or availability con-
cerns that would effect the approved schematic design.
Phase 4: Final Document Preparation
J
Based on the decision reached in Phase 2, we will
documents to either obtain design /construct cost
bidders, or to prepare the necessary construction
bidding and building permits.
Phase 5: Bid Administration
prepare the necessary
submittals from.interested
documents for conventional
This phase involves clarification of construction documents, bid evaluation,
and contract negotiation assistance tasks associated with awarding a contract
to some construction entity.
Phase 6: Construction Administration
Tasks in this phase are based on representing the City in construction
observation, submittal review, and payment request coordination. This phase
is complete when the facility is turned over to the City for use.
B -1
J
Each phase will be evaluate- prior to beginning to insure the proper
task definition, orientation, and coordination with other activities of
the City's project in order to insure the timely and successful execution
of the project. We recognize that in a project of this type that changes
in project scope, conditions, and participants are likely. Consequently,
we feel our scope of work is defined in such a way as to permit a flexible
response that accurately will reflect the City's needs. The following
detailed scope of services identifies specific tasks associated with the
proposal.
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EXHIBIT C
Cost
A major aspect of this project is defining its scope. Consequently it is
quite difficult to establish definite dollar amounts for the various.
phases of the work. We propose the following fee arrangement as being
the most easily managed and .adaptable format. This will allow for defini-
tion of the exact extent of the scope of services at the start of each
phase, resulting in development of an equitable and cost based fee.
Compensation Schedule
1. Phase 1: Estimated fee range $9,000
To be compensated on
an hourly basis per
attached rate list.
2. Phase 2: Estimated fee range $9,500
To be compensated on
same basis as Phase 1.
3. Phase 3.: Estimated fee
Same basis as
4. Phase 4: Estimated fee
Based on desi
procedure and
rate list.
range $500
Phase 1.
range $6,000
gn /construct
per attached
a. Should a conventional
approach be selected,
we would anticipate our
fee to be approximately
2;�% of the estimated
construction cost.
5. Phase 5: Estimated fee range,
for either design /construction
or conventional, to be approxi-
mately .5% of estimated con-
struction cost.
6. Phase 6: Estimated fee range,
for either design /construction
or conventional, to be approxi-
mately .75 -1% of estimated con-
struction cost.
C -1
Compensation Considerations
1. The fees presented anticipate.consultant travel associated with the
project and report reproduction for staff use. They do not include
bidding documents reproduction.
2. As MDW currently carries 1 million dollars general liability and 1
million dollars professional liability insurance, our fee dosen't
include any premium addition.
Fee Schedule
MDW
Jay R. Whisenant
Bruce Fraser
Supporting Staff
Conrad Associates
J. Renard Bollier
Supporting Staff
C -2
Hourly Rate
$50.00
$40.00
$30.00
$70.00
$40.00
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RESOLUTION NO. 4231 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING.AN AGREEMENT BETWEEN THE
CITY AND KAHN & ASSOCIATES, INC. FOR DEVELOPMENT
OF THE COMMUNITY PARKING PROGRAM
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Kahn & Associates, Inc.
is hereby approved and the Mayor is authorized to execute the same.
I SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Wayne Peterson, City
Engineer.
On motion of Councilman Munger , seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Councilmembers Munger Billig, Dunin and Mayor Cooper
NOES: Councilman Bond
ABSENT: None
the foregoing Resolution was passed and
ATTEST:
CITY CL =• FXf$'PATRICK
APPROVED: ---Vl
-19th-. day of A"g;cwt $ 1980
R.
R 4231
!a
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of August ,
1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of
California, hereinafter "City ", and KAHN & ASSOCIATES, INC. of San Luis
Obispo; California, hereinafter "Consultant ".
WITNESSETH:
WHEREAS, City desires to retain certain services in conjunction with a
community parking program for San Luis Obispo. The services being provided
by this consultant under this contract are program management and project
promotion.
WHEREAS, City desires to engage Consultant to provide these services by
reason of its qualifications and experience for performing such services,
and Consultant has offered to provide the required services on the terms and
in the manner set forth herein;
NOW, THEREFORE, in consideration of .their mutual 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 agree-
ment for Consultant. Donald J. Kahn, Sr., 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. Consultant's Project
Team.is further described in Exhibit "A" attached hereto and incorporated
herein by this reference. The individuals.identified and the posit -ions 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 Donald J.
Kahn, Sr., of his City- approved substitute.
2. DUTIES OF CONSULTANT.
(a) Services to be furnished. Consultant shall provide all specified
services as forth in Exhibit "B" attached hereto and incorporated 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 not -ices which may be necessary and incident to the due
and lawful prosecution of the services to be performed by Consultant under
this agreement;
(2) Keep itself fully informed of.all existing and 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, ordinances, regu-
lations, orders, and decrees mentioned above in relation to any plans, drawings,
specifications, or provisions of this agreement.
(c) Release of Reports and Information. Any.'reports, information,
data, or other material given to, or prepared or assembled by, Consultant
under this agreement shall be the property of City and.shall not be made avail-
able to any individual-or organization by Consultant without the prior written
approval of the City's Project Manager.
(d) Copies of Reports and Information. If.City requests additional
copies of reports, drawings, specifications, or my 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 dupli-
cating 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.
WO
4. COMPENSATION.
The Consultant will perform the work in phases as described in Exhibit
-3-
Consultant will bill City on a time and material basis every month
and will include a progress report letter with the bill. City will pay each
bill within 30 days of receipt. The Consultant may not charge more than the
amount shown in Exhibit "D" without prior approval of the City's Project
Manager.
5. TIME FOR COMPLETION OF THE PROJECT.
Program scheduling shall follow the attached chart (Exhibit "E ")
unless revisions to the chart are approved by the City'.s Project Manager and
project's Management Consultant.
Time extensions may be allowed for delays caused by City, other
governmental agencies, or factors not directly brought about by the negligence
or lack of due care on the part of the Consultant.
6. TEMPORARY SUSPENSION.
The City Engineer shall have the authority to suspend this agreement,
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
fifteen (15) days prior to termination and by paying the compensation due and
payable to the date of termination; provided, however; it this agreement is
terminated for fault of Consultant, City shall be obligated to compensate
Consultant only for that portion of Consultant services which are of benefit
-4-
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 compensation, or
given to Consultant in connection with this agreement. Such materials shall
become the permanent property of City. Consultant, however, shall not be
liable for City's use of complete materials or for City's use of complete
documents if used for other than the project contemplated by this agreement.
8. INSPECTION.
Consultant shall furnish City with every reasonable opportunity to
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
Manager's inspection and approval. The inspection of such work shall not
relieve Consultant of any of its obligations to fulfill its agreement as pre-
scribed.
9. OWNERSHIP OF MATERIALS.
All original drawings, plans, and other materials prepared by Consul-
tant pursuant to this agreement shall become the.permanent property of the.
City.
10. INDEPENDENT JUDGMENT.
Failure of City to agree with Consultant's independent findings,
conclusions, or recommendations, if the same are called for under this agree-
ment, on the basis of differences in matters of judgment shall not be construed
-5-
C
as a failure on the part of Consultant to meet the requireraants of this
agreement.
11. ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES.
This agreement 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 perform special services as required with prior approval
by the City.
12. NOTICES.
All notices hereunder shall be given in writing and mailed, postage
prepaid, by certified mail, addressed as follows:
To City: Office of the City Clerk
City of:San Luis Obispo
Post Office Box 321
San Luis Obispo, CA 93406
To Consultant: Kahn & Associates, Inc.
Post Office Box 691
San Luis Obispo, CA 93406
13. INTEREST OF CONSULTANT.
Consultant covenants that it presently has no interest, and shall
not acquire any interest, direct or indirect, financial or otherwise, which
would conflict in any manner or degree with the performance of the services
hereunder. Consultant further convenants that, in the performance of this
agreement, no subcontractor or person having such an interest shall be
employed. Consultant certifies that no one who has or will have any financial.
interest under this agreement is an officer or employee of City. It is
expressly agreed that, in the performance of the services hereunder, Consultant
shall at all times be deemed an independent contractor and not an agent or
employee of City.
IM
11:. INDEMNITY..
Consultant hereby agrees to indemnify and save harmless City, its
officers, agents, and employees of and from:
(1) Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or death of
any person or damage suffered or sustained by any person or corporation
caused by any negligent act or omission of Consultant under this agreement
of or Consultant's employees or agents;
(2) Any and all damage to or destruction of the property of City,
its officers, agents, or employees occupied or used by or in the care, custody,
or control of Qonsultant, or in proximity to the site of Consultant's work,
caused by any negligent act or omission of Consultant under this agreement or
of Consultant's employees or agents;
(3) Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any injury to or death of
or damage suffered or sustained by any employee or agent of Consultant under
this agreement, however caused, excepting, however, any such claims and
demands which are the result of the negligence or willful misconduct of City,
its officers, agents, or employees;
(4) Any and all claims and demands which may be made against City,
its officers, agents, or employees by reason of any infringement or alleged
infringement of any patent rights or claims caused by the use of any apparatus,
appliance, or materials furnished by Consultant under this agreement; and
(5) Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or condition of any
permit, when said violation of any law or regulation or of any term or con-
dition of any permit is due to negligence on the.part of the Consultant.
-7-
Consultant, at its own cost, expense, and risk, shall defend any
and all suits, actions, or other legal proceedings that may be brought or
instituted by third persons against City, its officers, agents, or employees
on any such claim or demand of such third persons, or to enforce any such
penalty, and pay and satisfy any judgment or decree that may be rendered
against City, its officers, agents, or employees in any such suit, action,
or other legal proceeding, when same was due to the negligence of the Con -.
sultant.
15. WORKERS' COMPENSATION.
Consultant certifies that it is aware of the provisions of the Labor
Code of the State of California, which require every employer to be insured
against liability for workers' compensation or to undertake self- insurance
in accordance with the provisions of that code, and it certifies that it will
comply with such provisions before commencing the performance of the work of
this agreement.
.16. INSURANCE.
No professional liability insurance is required.
17. AGREEMENT BINDING.
The terms, covenants, and conditions of this agreement shall apply
to, and shall bind, the heirs, successors, executors, administrators, assigns,
and subcontractors of both parties.
18. WAIVERS.
The waiver by either party of any breach or violation of any term,
covenant, or condition of this agreement or of any provision, ordinance, or
law shall not be deemed to be a waiver of any subsequent breach or violation
of the same or of any other term, covenant, condition, ordinance, or law.
The subsequent acceptance by either party of any fee or other money which may
become due herednder ;;':all not be deemed to be a waiver of any preceding
breach or violation by the other party of any term, convenant, or condition
of this agreement or of any applicable law or ordinance.
19. COSTS-AND ATTORNEY'S FEES.
The prevailing party in any action between the parties to this agree-
ment brought to enforce the terms of this agreement or arising out of this
agreement may recover its reasonable costs and attorney's fees expended in
connection with such an action from the other party.
20. NONDISCRIMINATION.
No discrimination shall be made in the employment of persons under
this agreement because of the race, color, national origin, ancestry, religion
or sex of such person.
If Consultant is found in violation of the nondiscrimination pro-
visions of the State of California Fair Employment Practices Act or similar
provisions'of federal law or.executive order in the performance of this
agreement, it shall thereby be found in material breach of this agreement.
Thereupon, City shall have the power to cancel or suspend this agreement, in
whole or in part, or to deduct from the amount payable to Consultant the sum
of Twenty -five Dollars ($25) for each person for each calendar day during
which such person was discriminated against, as damages for said breach of
contract, or both. Only a finding of the State of California Fair Employment
Practices Commission or the equivalent federal agency or officer shall con-
stitute evidence of a violation of contract under this paragraph.
If Consultant is found in violation of the nondiscrimination provi-
sions of this agreement or the applicable affirmative action guidelines
pertaining to this agreement, Consultant shall be found in material breach
of this agreement. Thereupon, City shall have the power to cancel or suspend
SE
this agreement, in whole or in part, or to deduct from the amount payable to
Consultant the sum of Two Hundred Fifty Dollars ($250) for each calendar day
during which Consultant is found to have been in such noncompliance as damages
for said breach of contract, or both.
21. AGREEMENT CONTAINS ALL UNDERSTANDINGS.
This document represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral. This document may be amended only by
written instrument, signed by both City and Consultant. All providions of this
agreement are expressly made conditions. This agreement shall be governed by
the laws of the State of California.
IN WITNESS WHEREOF,.City and Consultant have executed this agreement
the day and year first above written.
ATTEST:
H. FWATRICK
City Clerk; J.H. Fitzpatrick
-10-
CITY OF SAN LUIS OBISPO
BY: AM R. COOPER __
MAYOR LYNN R. COOPER
EXHIBIT L
The Management Team assigned to this project will include, but not be
limited to,the following:
Donald J. Kahn, Sr. President
Kahn & Associates, Inc.
Daniel J. Cervenak Senior Management Consultant
Kahn & Associates,.Iric.
The following affiliate firms may be utilized in advisory capacities at
the discretion of the Consulting firm:
GROUP 4
San Luis Obispo and Santa Maria, CA
A California Corporation established in 1970, this company structure
is based in four (4) independent companies specializing in project
management, planning, and architecture, civil and structural engin-
eering and surveying. The purpose of the.association is to provide
"team: services to developers and clients seeking a broad range of
professional services related to the construction industry."
MANAGEMENT GROUP INTERNATIONAL
San Luis Obispo and San Francisco, CA and Salt Lake City, UT
Established in 1975, this company is registered both in the United
States and outside of the continental boundaries of the United States.
Although it's major area of concentration is to provide construction
management, project development, and cost /quality control services
to foreign projects, the company has implemented services on major,
complicated projects in the Western United States. Management Group
International is represented in several foreign countries including
Saudi Arabia, Nigeria, and the Phillipines.
WESTERN TECHNICAL SERVICES
San Luis Obispo, CA
Although formally established as a professional service for only one
(1) year, this company brings together an association of profes-
sionals in the construction industry and incorporafes the talents
of specialists in the areas of cost engineering, construction
estimating and value engineering. All representatives of the firm
have comprehensive backgrounds encompassing a variety of experiences
in commercial, residential, and industrial construction.
A -1
i
EXHIBIT B
It is intended that Kahn & Associates provide two specific types of
services as detailed below.
A. Public Relations - Communications - Promotion
This responsibility will be handled personally by Don Kahn. In
summary terms, the Consultant in this part of the job is to work
with the city and county staffs and officials, the business com-
munity, and downtown property owners to incourage communication
and promote the development of the community parking program.
Don Kahn will personally make presentations before city boards
and commissions as required. He will also meet with members of
the community, the press, and anyone else interested in the pro-
gram to provide information and to promote the community parking
program.
B. Project Coordination - Management
The following duties will be performed by the consultant as required:
1. Assist city in the.choosing of other consultants, including
preparation, contracts, work scopes, etc.
2. Supervise and coordinate the activities of all involved parties.
3. Design reporting system for the office of the city engineer..
4. Design inter - entity reporting system.
5. Design and implement project coordination /communication systems.
6. Work with the project team to develop.precise plans and schedules
for expediting processes.
7. Assist in developing a Cost Control /Budget Analysis Program.
8. Determine long -lead requirements.
9. Provide value analysis services.
10. Recommend meeting requirements relative to timing, personnel, and
methods throughout the course of the project.
11. Assist in the development and coordination of Public Relations
information and methods to "sell" the project.
12. Initiate petition circulation using BIA volunteers and follow up.
13. Insure this portion of the project is completed on schedule.
Rol
C. Management Review
The consulting firm will determine, through discussions with all
involved entities, the requirements of each for pertinent data from
the total management information system for the project. The variety
of reports which can be generated from the proposed system is such
as to meet all requirements from field supervision to top -level
management.
It is recommended that the experience of the project management
consulting firm be utilized to suggest distribution of reports to
all involved personnel. A report distribution chart will be pre -
pared in the early stages of each project.
D. Training
In order to successfully implement a project management information
system such as is proposed, certain responsibilities must be assumed
by members of the project team. These responsibilities will include:
1. Communication of scheduling requirements to key project personnel.
Such requirements are a function of the basic schedules and reports
issued on a regular basis as well as changes and revisions deemed
necessary between updatings by the consulting firm.
2. Assistance in educating project personnel in the understanding
and beneficial use of the planning and scheduling information.
B -2
EXHIBIT C
In order to successfully and expeditiously fulfill all contractual
requirements, the consulting firm will require the following items:
A. Advisory services from the City of San Luis Obispo.
B. Advisory services from all contracted consultants.
C. Access to all reports, documentation and correspondence pertaining
to the project.
D. Access to data processing capabilities.
E. Access to contract documents prepared by the design consultant.
C -1
J
EXHIBIT D
Phase I - Concept Development:
Senior Management.Consultant
20 days @ $550 /day
Drafting:
40 hours @ $25 /hour
Secretarial:
60 hours @ $15 /hour
Phase I Total
Phase II - Schematic Design:
Senior Management Consultant:
30 days @ $550 /day
Drafting
20 hours @ $25 /hour
Secretarial
60 hours @ $15 /hour
Phase II Total
Phase III - Petition Phase:
$11,000.00
1,000.00
900.00
$12,900.00
$16,500.00
500.00
900.00
$17,900.00
Assumes that the Project Manager will be responsible. for the
circulation of the petition.
Senior Management Consultant
15 days @ $550 /hour $8,250.00
Secretarial
30 hours @ $15 /hour 450.00
Phase III Total $8,700.00
D -1
0
Phase IV - Final Document.Preparation:
Senior Management Consultant.
20 days @ $550 /day $11,000.00
Drafting
20 hours @ $25 /hour 500.00
Secretarial
60 hours @ $15 /hour 900.00
Phase IV Total $12,000.00
Phase V - Bid Administration:
Senior Management Consultant
20 days @ $550 /day $11,000.00
Secretarial
30 hours @ $15 /hour 450.00
Phase V total $11,450.00
Phase VI -'-Construction Administration
A separate contract will be proposed for project /construction
management services for this phase.
Additional Charges
Extraordinary work incurred by direction of the owner /client shall
be performed at standard rates, a listing of which is attached.
D -2
P1
F
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PROJECT MANAGEMENT CONSULTANTS
1108 Garden St Suite 210 SAN LUIS OBISPO. CALIF. 93401 Tel (805) `,438727
P.O. Box 691 TWX 91&351 -6714
LIST OF STANDARD COSTS FOR
PROJECT IMIANAGEMENT CONSULTING SERVICES
1. CONSULTANT'S FEES
Senior Management Consultant:
$
70.00 /hour
Base Rates:
550.00 /day
Prime Pates*
$
850.00 /day
Management Consultant:
$
60.00 /hour
Base Rates:
450.00 /day
Prime Rates:*
$
600.00 /day
* Prime Rates scheduled are employed on days when twelve
(12).hours or more of travel and /or consulting time
are expended.
2. SUPPORTING - STAFF FEES
Computer Analysis S 45.00 /hour
Data Processing: 30.00 /hour
Drafting: 25.00 /hour
Secretariala 15.00 /hour
3. COMPUTER SERVICES
Kahn & Associates Affiliate
$400- 900 /hour
Use of outside facilities on a time sharing basis by
request or necessity will be charged at direct cost.
4. EXPENSES
All expenses such as travel and subsistence, printing,
telephone, etc. will be charged at direct cost-.
5. CONSULTING ARRANGEMENTS
Arrangements for Consulting Services can be made on a fixed-
fee (proposal) basis, on a. fixed -time duration (Weekly, monthly,
etc.) basis or on a fees plus expenses basis, the option to
be selected in advance of contract at the client's discretion.
6. EXPERT WITNESS FEE
Senior Management Consultant: S 85.00 /hour
650.00 /day
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RESOLUTION NO. 4230 (1980 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING THE CITY ENGINEER
TO EXECUTE PAVEOUT REIMBURSEMENT AGREEMENTS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby authorizes the city engineer to execute
paveout agreements and cause same to be recorded (form agreement attached
hereto) on behalf of the City of San Luis Obispo, as may be necessary from
time to time in compliance with City Council Resolution No. 4130 (1980 Series).
On motion of Councilman Munger , seconded by
and on the following roll call vote:
AYES: Councilmembers Munger, Bond and Mayor Cooper
NOES: Councilmembers Dunin and Billig
ABSENT: None
Councilman Bond ,
the foregoing resolution was passed and adopted this 19th day of August ,
19 80.
ATTEST:
APPROVED:
j yam.
City dmi 's at ve Officer City g veer
City Attorney
R 4230
Community Devi lopment Trector
AGREEMENT AFFECTING REAL PROPERTY
APN
PAVEOUT REIMBURSEMENT AGREEMENT
The City of San Luis Obispo will contribute funds or labor /materials
for paving out the street to meet the curb, gutter and sidewalk
installed by the property owner at:
If the property owner develops to a higher use or subdivides this
property within two years following installation of all street improve-
ments, he agrees to reimburse the city in .full for its contribution.
(Resolution No. 4130 -1980 Series)
This covenant shall run with the land and shall bind the current
owner, subsequent purchasers, their heirs, executors, administrators
and assigns.
Date
Owner
Owner
(If a corporation executes this Agreement, corporate knowledgement is
required.)
State of California )
)ss
County of San Luis Obispo)
on ,
who executed the agreement above,
personally appeared before me and acknowledged that
executed the same agreement.
Approved: Notary Public
City Engineer
(Authorizing Resolution 1980 Series)
- - - - - - - - - - - - - - - - - %- - - -.- .- - - - - - - - -
(To be completed by City Engineer)
Installation date of all street improvements:
City's contribution:
RESOLUTION NO. 4229(1980 Series)
A RESOLUTION OF INTENTION TO ABANDON A PORTION OF
MARSH STREET EASTERLY OF CALIFORNIA BOULEVARD
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. It is the intention of the City of San Luis Obispo to abandon
a portion of Marsh Street easterly of California Boulevard 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, September 16, 1980, at 7:30 p.m., in the Council
Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the
time and place set for hearing all persons interested in or objecting to the
proposed abandonment, which time is not less than fifteen (15) days from the
passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be
published once in full, at least three (3) days before the public hearing on
the proposed abandonment, in the Telegram- Tribune, a newspaper published and
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 proceeding to be taken will be subject to reservation
by the city of public easements for utilities, sewer, water and drainage and
easements for common driveway and vehicular access and for access, maintenance
and possible widening of San Luis Creek as may be required by the City Council
R 4229
Resolution No. 422W980 Series)
Page 2
at time of final abandonment.
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
1980.
ATTEST:
City rk '7.H. Fitzpatrick
APPROVED:
City A i iati: Officer
City Attorney
Community D velopme t irector
-'City E14 ineer
ted this 19th day of August ,
J
EXHIBIT "A►►
it
RESOLUTION NO. 4228 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO GRANTING AN APPEAL OF A PLANNING
COMMISSION DENIAL OF A VARIANCE REQUEST TO
ALLOW A DEEP LOT SUBDIVISION AT 1215 BUCHON
STREET (Applicant Randy High)
WHEREAS, by Application No. V0855 applicant requested Planning Commission to
allow a deep lot subdivision at 1215 Buchon Street (R -2 zoning; General Plan, medium-
density residential) with a 50 foot street frontage, where a 60 foot frontage is
required and with less lot area than required by the zoning regulations.; and
WHEREAS, due to a lack of 4 affirmative votes required for variance Application
No. V0855 was denied by the Planning Commission; and
and
WHEREAS, Applicant has appealed the Planning Commission denial to this Council;
WHEREAS, the Council on August 5, 1980 held a public hearing on the appeal by
the applicant; and
WHEREAS, this Council has considered comments of the applicant, his representative,
other members of the public and all materials submitted to the Council in the agenda
packet for the August 5, 1980 meeting; and
WHEREAS, this Council has determined that the appeal should be granted.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Based on all the comments, documentation and other information
provided the Council, as described above, the Council makes the following findings:
a. That there are exceptional circumstances applying to the site, namely, the
existing size and shape of the property.
b. The variance will not consitute a grant of special privilege inconsistent
with other properties in the vicinity with the same zoning because at the same time
the property was subdivided a 50 foot frontage was the standard throughout the area
and because it isl'anticipated that the existing single family residential use and
not
R 4228
o
Resolution No. 4228
density will change in the future.
1980 Series
c. The variance will not adversely affect the health, safety or general welfare
of persons residing or working in the vicinity.
d. The variance request is exempt from environmental review requirements.
SECTION 2. Based on the findings set out in Section 1, the Council hereby
orders that the appeal described herein be granted, and that Application No. V9855
be approved.
SECTION 3. This order shall be effective upon staff approving a covenant to
run with the property which will provide that parcels A and B on the attached plat
shall be used for single family dwelling purposes only, subject to certain conditions.
On motion of Councilman Munger, seconded by Councilman Bond, and on the
following roll call vote:
AYES: Councilmen Munger, Bond and Dunin
NOES: Councilwoman Billig
ABSENT: Mayor Cooper
the foregoing Resolution was passed and adopted this 5th day of August, 1980.
VICE -MAY RONALD DUNIN
ATTEST:'
r
CITY CL .H. ^ITZPATRICK
APPROVED:
Cit�Adm f r A tr14kJ/O fficer
City Attorney
Director o4ommunity elopment
11
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Copy for City AcL,rir:i traL:'ve Ofricri
Copy for the followi�rg uut �rtrrr >it::
RESOLUTION NO. 4227 ('1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO STATING ITS INTENTION TO ABANDON A PORTION OF
MONTALBAN STREET BETWEEN STENNER CREEK AND SANTA ROSA
STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows,:
SECTION_1'. It is the intention of the City of San Luis Obispo to abandon a portion
of Montalban Street between Stenner Creek and Santa Rosa Street as shown on the map
marked Exhibit "A" attached hereto and incorporated herein by this.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, September .2, 1980, at 7:30 P.ti. in the Council Chamber of
the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set
for hearing all persons interested in or objecting to the proposed abandonment, which
time is not less than fifteen (15) days from the passage of this resolution..
SECTION 4. This resolution, together with the ayes and noes; shall be published
once in full, at least three (3) days before the public hearing on the proposed abandon-
ment, 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 the portion of the street proposed to be abandoned at least ten (10)
days before the date set for hearing in accordance with Section 8322 of the Streets and
Highways Code.
SECTION 6. The proceedings to be taken will be subject to reservation by the city
of public easements for utilities„ sewer, water, drainage, creek access, pedestrian access,
all as may be required by the City Council as the time of final abandonment..
On motion of Councilman Bond , seconded by Councilwoman.Billig_ ,
and on the following roll call vote:
R 4227
r
Resolution No. 4227 (1980 Series)
AYES: Councilman Bond, - Councilwoman Billig, Councilmen Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopt
ATTEST:
CITY J. H. FITZPATRICK
APPROVED:
City Adafiiri`strrative OTficer
yt4-
City TAttorney
Director of ommunity velopment
Director of-Public Services
5th day of August, 1980.
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AREA TO
BE ABANDONED
RESOLUTION N0.4226 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
THE COUNTY OF SAN LUIS OBIS PO
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
the County of San Luis Obispo for lease of a City vehicle to County for use by
the Juvenile Justice Commission 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:
A. Chief of.Police
B. Clerk of the Board of Supervisors
On motion of Councilman Bond , seconded by Councilman Munger ,
and on the following roll call vote:
AYES: Councilmembers Bond, Plunger, Billig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passe
19 80 .
ATTEST:
CI ERiC FITZPATRICK
R 4226
C
Resolution No. 4226
APPROVED:
City Ad nistrative Officer
City Attorney
M-A I Z M Now ,r
Tel
-2-
(1980 Series)
a
LEASE AGREEMENT
LEASE OF CITY VEHICLE TO COUNTY OF SAN
LUIS OBISPO FOR USE BY JUVE_NIL_E JUSTICE
CO:�fI S S ION
THIS AGREEMENT, made and entered into this. 5th'. day of August
1980, by and between the City of San Luis Obispo, hereinafter referred to as
"City ", and the County of San Luis Obispo, hereinafter referred to as "County ".
W I T N E'S S E T H
IN CONSIDERATION of the.mutual promises and conditions set out herein-
below, THE PARTIES HERETO AGREE AS FOLLOWS:
1. City agrees to lease to County a vehicle owned by City, to wit
a.1977 Plymouth VIN RL41U7A217961, license number E692160, for one (1) year,
commencing on the date first written above.
2. County shall pay one dollar ($1.00) to City as compensation for
the one year lease of the described vehicle.
3. County shall assign the vehicle to the County Juvenile Justice
Commission for use by the Juvenile Services Task Force as.an educational
tool, especially for elementary school age children. If at any time during
the term of this agreement the County ceases use of the vehicle in this
manner, the vehicle shall be returned to the City.
4. County shall be responsible for all maintenance and operation
costs attributable to the use of the vehicle.
5. County shall pay for and provide liability insurance on the vehicle
to at least the level of insurance for passenger vehicles presently.owned and
maintained by the County.
Q
6. County shall hold City free and harmless from and, at no cost to
City, defend the City against any claims, complaints., judgments or any other
liabilities occurring directly or indirectly as a result of County's
operation maintenance and use of the vehicle.
7. At the expiration of the term hereof, County shall return the
vehicle to City in the same condition as that in which it is delivered at the
beginning of the term hereof, reasonable wear and tear and modifications due
to the described use excepted.
8. County may extend the term hereof year to year by giving written
notice to the Chief of Police of its intent to extend at least thirty (30)
days prior to expiration of_the term.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures
below on the date first written above.
ATTEST:
oe
Gir,rOMErk J.H. Fitzpatrick
"iiROMIT
City Admi'!`strative Officer
City Attorney
Chief of Police
J
CITY Oj� LUIS OBISPO
WMN"
-2-
To
.,,rte i r•.'. "1 �Fi:C?:r
COUNTY OF SAN LUIS OBISPO
By
CBai man, Surd of Supervisors, County of
It San Luis 06iapo, State of Califoroia
RESOLUTION NO. 4225 (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 -181 LOCATED AT 615 GRAND AVENUE.
BE IT RESOLVED by the Council of the City of San.Luis Obispo as follows:
SECTION 1. That this Council previously made certain findings as .contained
in Resolution No. 4029 (1979 Series).
SECTION 2. Whereas the Planning Commission took action on Sigma Kappa
Sorority use permit 0842 on April 23, 1980 to require removal of existing
driveway ramp since applicant no longer intended to use both parcels A and B
for sorority use.
SECTION 3. Whereas pursuant to Planning Commission action on U0842,
r
condition no. 1 of Resolution No. 4029 became unnecessary.
SECTION 4. Whereas a cashiers check in the amount of $600.00 is on file
to guarantee installation of certain required improvements.
SECTION 5. This Council hereby grants approval of the Final Map of
Minor Subdivision SLO -79 -181.
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 r:• None
}the foregoing Resolution was passed and adopted
M
ATTEST:
CITY R J-.-H. FITZPATRICK
5th day of August ,
R.
R 4225.
Resolution No. 4225 (1980 Series)
*.* * * * * * * * * * *
APPROVED:
City Admin' tive Offlc .
City Attorney
/City En eer
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RESOLUTION NO. 4224 (1980 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CITY COUNTIL
APPROVING A TWELVE -MONTH TIME EXTENSION FOR TRACT 772
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 Tract 772 is granted a twelve-
month time extension to June 19, 1981, subject to original tentative tract map
conditions as specified in City Council Resolution No. 3873 attached hereto.
On motion of Councilman Dunin , seconded by Councilman Munger ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 5th day of August ,
1980.
ATTEST:
City rc J.H. Fitzpatrick
R 4224
C
Resolution No.4224(1980 Series)
Tract 772
Page 2
APPROVED:
Admi ra ve bilf i Fe r
�1
City Attorney
AL /uyg/
Community Development Department
i
RESOLUTION NO. 3873 (1979 series)
A- :RESOLUTION OF THL'COUNCIL,'OF THE CITY OF
r.SAN LUIS OBISPO GRANTING APPROVAL.OF
TENTATIVE TRACT MAP NO. 772 LOCATED AT
1680 SOUTHWOOD DRIVE
BE IT RESOLVED by the.Co,uncil, of the City -of San Luis Obispo as follows:
SECTION 1. That this Council, after consideration of the tentative map
of Tract 772 and the Planning Commission's recommendations, staff recommenda-
tions and reports thereon, makes the following findings:
1. The tentative map is consistent with the general plan.
2. The design and improvements;of,,,the proposed subdivision are consistent
with the General Plan.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the proposed density of development.
5. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. The design of the subdivision. or the type of improvements are not likely
to cause public health problems`;
7. The design of the subdivision or the type of improvements will not conflict
with easements, for access through or use of property within the proposed
subdivision. -
8. Variances are granted for lots 2, 3, 4, 8 and 16 for required front
footage, lot 8 for required average depth, lot 23 for area, front footage
and depth and lot 24 for front footage with.the following findings:
a. There are unique site characteristics including a drainage channel
and unusual tract dimensions, r
b.• The spirit of intent of the subdivision regulations are fulfilled in
that the overall subdivision provides for lots compatible with the
surrounding neighborhood and suitable for construction of homes,
a
c. The variances are, not grant of special privilege because of a. and
b. above.
9. An exception to standard street requirements is granted for Sequoia Street
to provide street access with, lesser street width for limited number of
houses.
SECTION 2. That the approval of the tentative map for Tract 772 be sub-
ject to the following conditions :;
Streets
1. Subdivider shall dedicate vehicular access rights to the city along
Southwood Drive on lots 1, 19 and 22.
2. Subdivider shall provide frontage improvements along Southwood Drive tract
frontage.
3. Subdivider shall install traffic.control devices as required by the City
Engineer.
4. Subdivider shall provide 'no parking'.signs for one side of Sequoia Street
cul =de -sac street (hillside street standard permits parking on one side
only).
5. Cul -de -sac street shall be named Barranca Court.
6. Subdivider shall dedicate 12 feet for full length of Sequoia Street and
shall widen the street to 24 feet and provide curbs along tract frontage
(sidewalks along Sequoia Street tract frontage are hereby waived),
1 �
Tentative Map 712 (1979)
Subdivider shall provide blanket coat on Sequoia Street as required
by City Engineer.
Utilities
7. Water and sewer shall. be. extended in Sequoia Street as required by the
City Engineer..
8. Water and sewer shall be extended in cul -de -sac street as required by the
City Engineer.
9. Water line shall be looped to adjacent tract to the west in an easement
as required by City Utilities.Engineer (this requirement may be satisfied
by larger dead -end line as required by the City Utilities Engineer).
10. Fire hydrants shall be provided as required by city fire code.
11. Water and sewer charges shall be paid prior to recordation of the final
map, as required by the City Engineer,
Drainage
12. Drainage easements shall be dedicated to city to accommodate the two drainage
courses traversing this property to the satisfaction of the City Engineer.
Proposed structures shall be allowed to be cantilevered over said easements
provided clearances are obtained satisfactory to the City Engineer.
13. All offsite and onsite cross -lot drainage shall be intercepted and diverted
to an acceptable point of disposal, as determined by the City Engineer.
All drainage devices shall be privately maintained except where they lie
within public easements. Calculations shall be submitted by a Civil Engineer
indicating the drainage,facilities (on and off site) are adequate to handle
this development to the satisfaction of the City Engineer.
Vegetation Protection
14. Final grading plan shall contain provisions to save trees adjacent to cul -de-
sac street. Said provisions shall be approved by the tree committee staff.
15. Removal of certain trees on lots 22, 23 and 24 is hereby authorized consis-
tent with building details on tentative map. Specific tree removals shall
be authorized by the tree committee consistent with said detail.
16. Subdivider shall trim remaining eucalyptus trees as required by the tree
committee staff.
17. Final map shall note a.riparian protection area along creek channel on the
west boundary of the tract. Said area shall be established by .survey in
consideration of recommendations in consulting biologists report submitted
with this map. Final map shall contain a note that no building, grading or
vegetation removal shall occur within this area.
Parks
18. Subdivider shall pay fees in lieu of park dedication equal to the fair market
value of .372 acres consistent with section 9100.3.12.4(b) of city subdivision
regulations.,
Tentative Map 772 (1979)
Miscellaneous
19. A note shall be placed on the final ma,p stating that lots l_1 and 12 and
portions of lot 10 are above the city water service limit and desired
water pressures may require individual pumps.
20. A note shall be placed on the final map indicating that construction on
lots 3, 22, 23 and 24 of this tract shall be subject to approval of the
City of San Luis Obispo Architectural Review Commission.
21.. Lots shown on the tentative map with less than 20 -foot street yard set-
backs shall.be approved by the Board of Adjustments for setback variations.
22. Subdivider shall pay any applicable fees for reimbursements for streets and
utilities improvements.in Southwood Drive.
23• Subdivider shall install street trees to the approval of the Public
Services Department.
On mOtion of Councilman Jorgensen, seconded by Councilman Bond,
and on the following'roll call vote.:
AYE: Councilmembers Billig,. Bond, Dunin, Jorgensen and Mayor Cooper
NOE: None
ABSENT: None
The foregoing resolution was passed and adopted this 19th day of June,
1979.
t
yJ7 ut��s_.
�- t , •t • P- COOT =E4
ATTEST Mayor Lynn R. Cooper
<•11 t ",. i is /tl�id.:i lrii
C7ty CIerTC J.11. Fitzpatrick
Approved as to form:
City ttorney
Approved as to content:
EN61cF!.
n �
l
RESOLUTION NO. 4223 (19 80 Series)
ri. A R"30LUTION 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: "CHORRO STREET RECONSTRUCTION"
ESTIMATE: $58,990.00
BIDDER: Sully- Miller
CITY PLAN NO: D -31
BUDGET ACCOUNT: 23- 4871 -D -31
(new account number)
BID LMOUNT: $43,789.20
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Dunin seconded by Councilman_ 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 and adopted this 5th day of August ,
1980.
ATTEST:
CITkt1M J.H. FITZPATRICK
APPROVED:
Cit s ra ive Officer
City Atto ey
a Direc
R 4223
RESOLUTION NO. 4222 (1980 Series) ~
'El 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: "STREET RESURFACING PROJECT"
ESTIMATE: $50,775.00
BIDDER: Pacific Western Construction Co
CITY PLAN NO: D -30
BUDGET ACCOUNT: 23- 4873 -D -30
BID AMOUNT:. $40,643.25
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilwoman Billig_ seconded by Councilman Bond. ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Munger and Mayor Cooper
NOES: None
ABSENT: None 0
the foregoing Resolution was passed and adopted :this 5th day of August ,
19 8Q
ATTEST:
CITY CL t J. . FITZPATRICK
APPROVED:
City Administrative Officer
City At ey
Financ i for
R 4222
Ic
RESOLUTION NO. 4221 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: "FOOTHILL BLVD. RESURFACING CITY PLAN NO: D -02.
AND DRAINAGE"
ESTIMATE: $80 „815.00 BUDGET ACCOUNT: 20= 4873 -D -02
BIDDER: R. BURKE CONSTRUCTION BID AMOUNT: $72,165.28 (Alternate I)
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilwoman_Billig seconded by Councilman 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 5th day of August ,
1980. _
ATTEST:
CITY C H. FITZPATRICK
APPROVED:
City A n strative Officer
City Attorney
tihanc'&-Diksrktor
R 4221
•
RESOLUTION NO. 4220 (1980 Series)
_i
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CONVEYING TO THE ALLAN R. OCHS FAMILY TRUST
AND RICHARD A. OCHS A PARCEL OF LAND AT THE SOUTH
END OF SWAZEY STREET
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with that certain agreement dated May 6, 1980
between the City of San Luis Obispo and Allan R. Ochs Family Trust and Richard D.
Ochs, approved by the City Council by Resolution No. 4156 (1980 Series), the
Council in accordance with the provisions of that agreement, Section 6, hereby
grant the Allan R. Ochs Family Trust jai Crahct.Deed to a,_
portion of Lot 14, Block 187B of the Ingleside Homestead Tract, City of San
Luis Obispo, lying northerly of the Southern Pacific Railroad right -of -way
subject to all existing easements, etc. (See Exhibit "A" attached).
SECTION 2. The Mayor and City Clerk of the City of San Luis Obispo
are hereby authorized to execute said Corporate--Grant. Dee&'on_.behalfl.of..the._,i
Council of the City of San Luis Obispo.
SECTION 3. The City Clerk shall furnish a copy of this Resolution and
the original Corporate Grant Deed to the Allan R. Ochs Family Trustfor recording.
On motion of Councilman Dunin seconded by . Councilman Munger
and on the following roll call vote:
AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and
ATTEST:
h�
Ci lerk J.H. Fitzpatrick
5th day of August, 1980.
R 4220
,•a
Resolution No. 4220 (1980 Series)
APPROVED:
Cii3v " inistrative Officer
City Attorney
r
ity EPi 'neer
•
RECORDING REQUESTED j
City Clerk
San Luis Obispo, CA 93406
AND WHEN RECORDED MAIL TO
Allan R. Ochs Family Trust
NAME
1401 Chorro Street
ADDRESS San Luis Obispo., CA 39401
CITY &
STATE L
'MAIL TAX STATEMENT5 TO
NAME
ADDRESS Allan R.-Ochs Family Trust
1401 Chorro Street
CITY L_ San Luis Obispo, CA 93401
L -2
J
7
0
SPACE ABOVE THIS .LINE. FOR RECORDER'S USE
Docutnentary transfer tai S_....N_il:..---._ ..............-------
❑ Computed on full value of property conveved, or
❑ Corriputed on full xalae less liens S encttmhrances
rentaiuin_, thereon at time of sale.
_.......... -- .............. .. _... - ---- ----------------- . --
"�ignature of derlarant or agent den-rminioFt tas firm name•.
Unincorporaled area .NCity of...i4r.-
Corporation (Irani heed APN 03- 652 -14
FOR A VALUABLE CONSIDERATION, receipt of which is herehy acknowledged.
the City of San Luis Obispo, a municipal.corporation
a corporation organized under the laays of the State of
hereby GRANTI S I to
the Allan R..O.chs Family Trust
the following descrihed real property in the City of San Luis Obispo
colulty of San Luis Obispo state of California:
Lot 14 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, .
lying northeasterly of the Southern Pacific Railroad Right of Way, as
conveyed to the City of San Luis Obispo by the State of California per
Doc. 15823, recorded. September-. 10, 1958 in Book 956, page 584 of Official
Records.of said County.
Subject to the right of Southern California Gas.Company to use and
maintain existing gas mains in their present.location.
Dated July 3, 1980
SCATF. OF CALIFORNIA
c OtJNTY OF San Luis Obis -Po ( 5s•
On July T, 1980___ before, me, the und, -r
signed, a Notary Public in and for said County and State, personally
L nn R. Cooper
appeared -- .y - -- _ P
known, to nip. to Le Fitzpatrick ._MayOr I -fXc.. and—
_J. H. Fitz t
_p- _ --- _ kn il to me to br
Cif Cl erk_uA muni co. t
c of thr/rorpnraun that esrr[iicd the
within Instrument, known to me to be the persons who eeerutvd the
within Instrument on behalf of the corporation therein n:uned,, and
arknowledRed Io me that such I orporation rseruled the within
instrument pursuant to its .by-laws or resolution of its board of
directors.
�
Ji�natu re of Nor Y
yor, e"ynn R. Co per
Ci Clerk.J.H. Fitzpatrick
FOR NOTARY SEAL OR STAMP
"O
OFFICIAL SEAL
MARILYN PERRY
NOTARY PUBLIC- CALIFOFNIA,
My Commission
PRINCIPAL OFFICE IN
SAN LUIS OBISPO COUNTY
Expires Aug. 12. 1983
Title. Order No. E c•rotc No. --
L -2 (G.S.) (Rev. 5 -67) (8 pt.)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
i
RESOLUTION NO. 4219(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND ROBERT I. CORCORAN , AS BUSINESS
IMPROVEMENT AREA ADMINISTRATION 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 marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
Robert I. Corcoran, entitled Amendment To Contract Extension for Part -Time
Business Improvement Area Administrator, is hereby amended to increase salary
from $750 per month to $1,000 per month and rent and utilities from $1,500
per year to $1,800 per year retroactively to July 1, 1980 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: Robert I. Corcoran,
the City Finance Director and the Chairman of the BIA.
On motion of Councilman Dunin , seconded by Councilman Munger ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and
ATTEST:
C' lerYcrJ.H. Fitzpatrick
R.
this 5th day of August, 1980.
R'4219
\ I
1
Resolution No. 4219
APPROVED:
City Admini tr ve Officer
/V( --T�
City /torney
City Fina e !recto
C airman of the B.I.A.
(1980 Series)
AMENDIENT TO CONTRACT EXTENSION FOR PART -TIME
BUSINESS IMPROVEMENT AREA ADMINISTRATOR
Dated: August 5, 1980
The undersigned parties to the Business Improvement Area
Administrator Employment Contract dated July 1, 1976, hereby agree
that the conditions of said contract are amended as follows:
r' The monthly salary of .the part -time Administrator Robert I.
Corcoran shall be increased retroactively to July 1, 1980, to $1,000.00
per month for the length of the contract extension through June 30, 1980.
Rent and utilities payable under the contract will be $1800.00
per year.
All other terms and conditions of said contract shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have.caused this amendment
to be executed:
ATTEST:
s/J.H. FITZPATRIC".
J.H. Fitzpatrick, City Clerk
ADMINISTRATOR:
Robert I. Corcoran
CITY OF SAN LUIS OBISPO
AM R. COOPER
Mayor Lynn. R. Cooper
I.
Approved:
Cit dm i `trat fv Officer
Alt4� I --
City Attorney
_r --( /
Finance -Dizrector�
i. eia
RESOLUTION NO. 4218 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO INCREASING PARK AND RECRE-
ATION FUND APPROPRIATIONS FOR THE 1980/81
FISCAL YEAR
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The following appropriation account be established to pro-
vide funding for a Pigeon Population Control Program within the downtown
business area.
ACCOUNT NO. DESCRIPTION AMOUNT
50 11- 5714 -405 Parks and Landscape Maintenance $2,500.
Pigeon Control Program
On motion of Councilman Dunin Councilman Munger ,
and on the following roll call vote:
AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adXtVd this 5th. day of August ,
1980.
R.
ATTEST:
00��
CI CLERK J.H. FITZPATRICK
APPROVED:
C tZ'; dm fnli�t a ive Officer
City A ney
it na ce Dir Actor
R 4218
AGREEMENT FOR PERSONAL SERVICES
This Agreement, by and between the.City of San Luis Obispo, a chartered '
municipal corporation (hereinafter referred to as "city "), and Bluebird Enter-
prises, an independent contractor (hereinafter referred to as "Contractor ");
WITNESSETH:
WHEREAS, Bluebird Enterprises is a licensed pest.control operator
capable of trapping and disposing of pigeons; and
WHEREAS, the city desires to employ said contractor as an independent
contractor to provide certain service not currently performed by city
personnel;
NOW, THEREFORE, City and Contractor for and in consideration of the
mutual benefits, agreements and promises set forth herein agree as follows:
1.. Commencing July 15, 1980 Contractor shall utilize its utmost skill
and best efforts to trap or capture, within the City of San Luis Obispo, in a
humane manner and under the supervision of the City Administrative-Officer,
or his designee, 800 or more pigeons found to be in or upon the following:
a. Public buildings, streets, parks or squares or
b. Private buildings to which access for trapping has been obtained
by the contractor.
Said trapping shall be completed on or before September 15, 1980.
2. Contractor may for the purpose of computing the number of pigeons
trapped or captured include nestlings. Provided, however, that said nestlings
may not constitute more than fifteen (15) per cent of. the birds to be trapped
or captured.
—1-
1:.. `
v
3. Contractor shall on the 1st and 15th day of each month during
the term of this agreement del -iver written notice to city giving the
general location in which its equipment will be placed during the next
following two week period.. No traps may be placed in or upon private
buildings without prior authorization by owner or operator of said buildings.
4. Contractor shall maintain in each trap an adequate supply of
pigeon feed and water and shall service the traps twice per week unless city
approves in writing a reduced service level which will not be detrimental
to the health of the trapped pigeons.
5. Contractor shall provide all- materials;'tools, supplies and
personnel necessary to perform all of the terms of this agreement including,
but not limited to, traps and pigeon feed and water.
6. Contractor shall dispose of trapped pigeons in a manner approved
in writing by the City Administrative Officer or his designee. Contractor
shall not dispose of the pigeons by sale to gun clubs or dog trainers.
7. City agrees to pay contractor the sum of Two thousand five hundred
dollars ($2,500) for the capture and disposal of 800 or more pigeons on or
before September 15, 1980.
8. Contractor shall supply city with a written report on or before
August 15, 1980 stating the number of pigeons ,trapped. City shall pay the
sum of One thousand two hundred fifty dollars ($1,250) upon the trapping or
capture of 400 or more pigeons as a progress payment under this agreement.
9. Contractor shall obtain all appropriate licenses from the county
and the city including, but not limited to, city business license.
10. Hold Harmless Agreement.
Contractor hereby agrees to hold the city harmless from, to defend
the city against, and to indemnify the city from all claims, demands and suits
made against the city„ its officers, or its employees, including attorneys`
fees and court costs incurred by the city arising from any act or omission
-2
v
on the part of the contractor, its officers, employees, subcontractors,
agents, guests or its invitees, in the prosectuion of any operation, or
portion thereof, under this contract.
11. Insurance
Throughout the term of this contract, the contractor shall maintain
insurance to protect the contractor from claims of bodily injury and property
damage liability which may arise from any operation or portion thereof under
the contract. The required types of coverage are:
Comprehensive General Liability Manufacturers and
Contractors coverage, Products and Completed Operations
coverage, and contractual liability coverage for this
contract with combined single limit of liability for
bodily injury and property damage of $300,000 per
occurrence.
An additional Insured Endorsement in favor of city.
A 30 -day written notice of Cancellation Endorsement .
in favor of the city.
It is the contractor's responsibility to evidence such insurance by
furnishing to the city a Certificate of Insurance or other forms as the city,
in its sole discretion, may require. If the contractor fails to maintain
said insurance, the city may, at its option, respond to any claim, demand,
or suit arising out of the contractor's operation, or portion thereof., under
the contract without waiving any of its rights under this agreement.
II
1. This is an agreement for personal services and is not assignable
without the prior written approval of the city.
2. Notwithstanding or any other representation, oral.or written, by
the parties, including any and all agents or representatives thereof, contractor
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.
_3_
a
3. Aforementioned services shall continvri "through September 15„ 1980
providing, however, that either party may terminate this agreement by two
weeks written notice to the other party. For purposes of a not -ice 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.O. Box 321
" San Luis Obispo, CA 93406
CONTRACTOR: Bluebird Enterprises
6408 S. Fig_
Fresno, CA 93406
IN WITNESS whereof the parties hereto affix their signature hereto
this _14th day of July 1980.
ATTEST:
Clerk-
APPROVED:
j1:
CITY OF SAN LUIS OBISPO
Cite amin 's ti tive-Officer"
(authorized by council at meeting_
May 20, 1980)
-4-
I
ti
a
RESOLUTION NO. 4217 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING TVIO AGREEIENTS ITITH THE SAN LUIS
OBISPO CITY CHAIBER OF COMMERCE TO PERFORM CERTAIN
SERVICE TO THE CITY
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement marked Exhibit 'A" and entitled
"Promotional Contract" and incorporated herein by reference and.that certain
agreement marked Exhibit "B" and entitled "Visitors Contract" and incorporated
herein by reference between the City of San Luis Obispo and the Chamber of
Commerce of the City of San Luis Obispo are hereby approved and the Mayor is
authorized to execute same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreements approved by it to: The Chamber of Commerce
and City Finance Department.
On motion of Councilman Dunin __- seconded by _Councilman Munger
and on the following roll call vote:
AYES: Councilmembers Dunin, Munger,.Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and
ATTEST:
Cit &ik J.H. Fitzpatrick
APPROVED:-'-fir
Z-� Az�-
City ni trative 0 cer
Lynn R.
5th day of August, 1980.
R 4217
i
Resolution No. 4217
Cit:� Attorney -o_
An-a�nce- DKrrector
Sec)Efkffff
PuWotional Coordinating Committee
(1980 Series)
1980 -81 Promotion
C O N T R A C T
THIS AGREEMENT, dated July .1, 1980, for reference purposes is made
and entered into by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation, hereinafter referred to as "City '., and the
CHAMBER OF COMMERCE OF SAN LUIS OBISPO, a non= profit corporation,
hereinafter referred to as "Chamber"
W I T N E.S.S E T H
WHEREAS, City desires, to promote its advantages as a tourist
and recreational center; and
WHEREAS, arranging and obtaining favorable coverage about
the community in the various news media likely to.be "read by
potential visitors to the City is an integral part of its promotion
as a tourist and recreation center; and
WHEREAS, the coordination and development of cultural and
recreational events is a necessary adjunct to the proper promotion
of the City; and
WHEREAS, the Board of Directors of the Chamber of Commerce
has authorized the Chamber to contract with the City to provide
these services; and
WHEREAS, the Chamber staff is qualified and the office is
equipped to carry on such activities on behalf of the City; and
WHEREAS, City has reviewed the Chamber's proposal to provide
such services; and
WHEREAS, the provisions of the Government Code of the State
of California authorize the expenditure of public funds by a
municipal corporation as therein and herein provided.
EXHIBIT "Al,
1980 =81 Promotional Contra. Page 2
NOW, THEREFORE, in consideration of the premises and
covenants and promises hereinafter set forth, THE PARTIES HERETO
HEREBY AGREE AS FOLLOWS:
1.. That the foregoing recitals are true and correct and
constitute accurate statements of fact herein.
2. Chamber will maintain an office suitable for the conduct
of a promotional program; this office shall be open during normal
business office hours to facilitate contact with news media
representatives and to disseminate news releases and promotional
inf.ormation in a professional manner to various media.
3. Chamber staff shall include personnel qualified in
public relations; public information shall be available as necessary
to the successful, implementation of a promotional program.
4.. Chamber shall conduct a promotional and publicity
program as directed by the City through liaison with the Chairman of
the Promotional Coordinating Committee or his /her designated.
representative as specified below..
5. The program conducted by the Chamber shall include, but
shall not be limited to, the following:
a. The writing, production, and distribution of news
releases, feature stories, photographs and illustrations, radio and
television news materials, informational flyers, graphics and such.
personal contacts with the news media as may be necessary.
b. The encouragement and professional assistance
necessary to enable local writers, photographers and artists to
place their materials dealing with the community in appropriate
media.
.
1980 -81 Promotional Contre
Page 3'
C. The coordination and promotion of local - events and
activities which will:
1. Improve the quality of life in this community.
2. Attract visitors and tourists to this area..
3. Increase local or area participation in both new
and existing events and activities.
4. Promote interest in the development of
additional community facilities.
d. the maintenance of a. file: of clippings, news
releases and other promotional material that has: been produced.
e. Representation at meetings of Promotional
Coordinating Committee and other .City commissions, including City
Council, as directed by the Chairman of the Promotional Coordinating
Committee.
f. Maintenance of a liaison with various community
groups and individuals who can produce information and action in the
support of the promotional program.
g. Such other activities and duties as directed by the
Chairman of the Promotional Coordinating Committee that would .
reasonably be a part of the City Promotional program..
6. Notwithstanding any other representations, oral or
written, between the parties, including any and all agents or
representatives thereof, Chamber at all times covered by the terms_
of this agreement, is acting as a free and.independent contractor;
and not as an agent of the City. Any and all supervision and
direction by any City official, department or body shall be only
that necessary to provide broad general outlines, and Chamber will
lb
1980 -81 Promotional Contrar-`
Page 4
use its own initiative and discretion in performing the details of
work herein.
7. City shall pay the Chamber the following sums for the
furnishing of said services
a. A base rate of twelve thousand two hundred eighty-
eight ($12,288) per year for office and staff services payable in
twelve (12) monthly installments of one thousand twenty -four dollars
($1,024) each; and,
b. Expenses not to exceed three thousand two hundred
dollars'($3,200) per year (in categories and amounts specified in
the attached budget) payable upon presentation of monthly report of
staff services, which will include invoices of services performed,
accompanied by copies of promotional material produced, as
justification of expenses claimed..
8. Either party may terminate this agreement at any time by
providing thirty (30) days written notice of termination to the
other party.
9. All notices in connection with this agreement :shall be
deemed delivered when placed in the First Class United States flail
in a properly stamped envelope, addressed to the other party at the
address shown below.
City of San Luis.Obispo:
Chamber of Commerce of
San Luis Obispo:
City Clerk
Post Office Box 321.
San Luis Obispo, CA. 93406
Executive Manager
1039 Chor.ro Street
San Luis Obispo, CA 93401
1980 -81 Promotional Contr 'Page 5
L
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed:
CITY OF SAN LUIS OBISPO
Date: August 5, 1980 BY S /LYNN R. COOPER
ATTEST:
Mayor Lynn Rc Cooper
OR FraPATRICK .
City Clerk J.H. Fitzpatrick
CHAMBER OF COMMERCE OF
SAN LUIS OBISPO, INC.
Date: J�
/ , � BY
President
BY
Executive Manager
r
G3
1980 -81 Visitors
C O N T R A C T
THIS AGREEMENT, dated July 1, 1980, for reference purposes, is made
and entered into by and between the CITY OF SAN LUIS OBISPO, a
municipal corporation; hereinafter referred to as "City ", and the
CHAMBER OF COMMERCE OF sm LUIS OBISPO, a non= profit corporation,
t, hereinafter referred to as "Chamber ";
W I T.N E S S E T H
WHEREAS, City desires to continue to promote its advantages
as a tourist and recreational center; disseminate visitors
information relative thereto, and properly follow up and give
consideration to inquiries made from time to time relative to the
various activities of.the. City and its possibilities; and
WHEREAS, City desires Chamber to continue to perform certain
visitors and tourist information services for City, which City
believes will be of great advantage and benefit to the City•and its
citizens, residents, property owners, and taxpayers thereof, and
will promote the general welfare; and
WHEREAS, Chamber. is organized for and equipped to carry on
such informational activities on behalf of City, and is in a
position to accomplish such aims and purposes of the City in an
efficient and economical manner; and
WHEREAS, the provisions of the Government Code of the State
of California authorize the expenditure of public funds by a
municipal corporation as therein and herein provided.
NOW, THEREFORE, in consideration of the premises and
covenants and promises hereinafter set forth, SHE PARTIES HERETO
EXHIBIT "Bly
1980 -81 Visi.tors.Contrac
HEREBY AGREE AS FOLLOWS:
;"D Page 2
1. That the foregoing recitals are true and correct and
constitute accurate "statements of fact herein.
2. Chamber will maintain public office.within the City of
San Luis Obispo at a location acceptable to the City Council.
Chamber will maintain a fully competent staff in this office,
t„ including a Manager with necessary secretarial assistance. The
Chamber office will provide information to visitors and business and
professional people. The office will be staffed and open to the
public daily during regular office hours seven days per week,
excepting during legal holidays. Chamber will also maintain
telephone services open to the public desiring information, will
provide written responses to inquiries, and will distribute
appropriate printed material. The information program will include
distribution of such material to local agencies and business for
dissemination to their customers and tourists. The Chamber shall
also distribute appropriate.material to other chambers; tourist
agencies, and travel organizations in other communities. Except for
material which is furnished to the Chamber by the.City; the Chamber
shall be permitted to charge reasonable fees for .material -which it
distributes.
a. Chamber will employ a manager and other necessary
personnel. The manager's qualifsica.tions will include training and
experience in public relations and public information.
b. Chamber will distribute maps and promotional
literature about San Luis Obispo and will conduct an information
program including maintaining files on the comigunity's economic
1980 -81 Visitors Contrac�"
Page 3
data, recreational facilities and events, general business
conditions, historic points of interest and cultural activities.
This .program will be.directed toward visitors and others who have
interest in the community:
c. Chamber will also maintain a library of literature,
business and telephone directories for public use.
v d. Chamber will assist in attracting conventions and
conferences to the City and assist in making arrangements to enhance
the visits of such groups.
e. In all activities, Chamber shall be a public
relations agency disseminating information and creating goodwill and
advancing the development of San Luis Obispo and its trading area.
Chamber furthermore agrees to cooperate in ascertaining the most
favorable long =range activities for the community.
f. Chamber will carry on such other duties as may be
mutually agreed upon by the parties hereto to promote tourism,
conferences, conventions and related business and cultural
activities in the community.
3. Notwithstanding any other representations, oral or
written, between the parties, including any and all agents or
representatives thereof, Chamber at all times covered by the terms
of this agreement, is acting as a free and independent contractor,
not as an agent of the.City. Any and all supervision and direction
by any City official, department or body shall be only that
necessary to provide broad.general outlines, and Chamber will use
its own initiative and discretion in performing the details of work
herein.
1980 -81 Visitors Contracc
" Page 4
4. City shall pay the.Chamber the following sums for the
furnishing of said services
a. Commencing July 1, 1980, and continuing for one
year, City shall pay Chamber the sum of eighteen thousand four
hundred twenty -four dollars ($18,424) per year, payable in monthly
installments of one thousand five hundred thirty -five dollars and
t, thirty -three cents ($1,535.33) for. the above services, to be
expended in the categories and the amounts specified in the attached
budget.
5. City.shall have the r"ight:to audit the books, records
and accounts of Chamber at any .reasonable time from time to time.
6. Chamber shall submit a monthly written report of
informational services rendered including a record of the number of
inquiries, Office visits, mailings and other related activities.
7. Either party may terminate this agreement at any time by
providing sixty (60) days written notice of termination to.the other
party.
8. All notices in connection with this agreement shall be
deemed delivered when placed in the First Class- United States Mail
.in a properly stamped envelope, addressed to 'the other party at the
address shown below:
City of San Luis Obispo:
Chamber of Commerce of
San Luis Obispo:
City Clerk
Post Office Box 321
San.Luis Obispo, CA 93406
Executive Manager
1039 Chorro Street
San. Luis 041spo, CA 93401
1980 -81 Visitors Contract
Page 5
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed:
CITY OF SAN LUIS OBISPO
Date:- ---Au . gust 5, 1980 BY SUNN R. COOPER
z> Mayor Lynn R. Cooper
ATTEST:
SUN. FffZPATRICK
City Clerk J.H. Fitzpatrick
CHAMBER OF COMMERCE OF
SAN LUIS OBISPO, INC.
Date:
J
President
BY
Executive Manager
• j O, c o / j/� n t d� /1`t
RECORDING REQUESTED BY AND MAIL TO
NAME City Clerk's Office
City of San Luis Obispo
STREET 990 Palm Street
CITY San Luis Obispo, CA 93401
RESOLUTION NO. 4216 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO CONFIRMING REMOVAL OF LIENS
ON REAL PROPERTY PARCELS FOR WEED ABATEMENT
COSTS AND THE PLACING OF THESE UNSATISFIED
LIEN ASSESSMENTS ON THE 1980/81 TAX ROLLS
DOC. NO. 34690
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
AUG s 1980
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME /0:00 ,4 . /k .
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Based on information provided by staff and in accordance
with Municipal Code Section 5220 to 5220.9, this Council hereby confirms the
removal of liens recorded for weed abatement costs on September 26, 1979, at
Volume 2188, Page 908 as set forth in Exhibit A. Said liens remain unpaid
and are removed in order to be placed as assessments on the 1980/81 tax roll
for the parcels listed.
SECTION 2. The City Clerk is directed to send a certified copy of the
Resolution to the County Recorder of the County of San Luis Obispo for
confirmation and recordation of the removal of said liens.
SECTION 3. The Finance Department is directed to process items set
forth in Exhibit A for inclusion with the 1980/81 tax roll assessments.
On motion of Councilman Dunin , seconded by Councilman Munger ,
and on the following roll.,-call vote:
AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
R 4216
VOL 2260e!GE 501
Resolution No. 4216 (1980 Series)
the foregoing Resolution was passed and adopted this 5th of August
19 8a
ATTEST:
CI;PCLERK J.H. FITZPATRICK
APPROVED:
City Administrative Officer
/14/XL144-�
City A
City ina rector
VOL 11412
EXHIBIT "A"
VOLUME 2188 PAGE 911
PARCEL NUMBER
. NAME OF OWNER
ADDRESS
AMT PD.
001 - 012 -38 -00
Deasy CC et, al
467 Osos
54.00
CA
San Luis Obispo, CA
93401
93401
003 - 578 -09 -00
001 - 043 -30 -00
Escudo Dev Co et, al
c/o Wright Jenkins & Ream
54.00
P.O. Box 777
CA
Atascadero, CA
93401
93422
Red Eagle Ranch Jt Venture
001 - 072 -22 -00
Andrews BM et, al IRS
Star Route Box 54
54.00
San Luis Obispo,
Santa Margarita, CA
93453
VOLUME 2188 PAGE 912
001 - 221 -08 -00 Costa RF 276 N. Broad St 34.80
San Luis Obispo, CA
93401
002 - 302 -19 -00 Wheeler HG 1426 Santa Rosa 10.80
San Luis Obispo, CA
93401
002 - 445 -21 -00 French EA et, al 1160 Marsh Ste G 237.60
San Luis Obispo, CA
93401
VOLUME 2188 PAGE 913
003 - .578 -08 -00
Red Eagle Ranch Jt Venture
1241 Garden
54.00
San Luis Obispo,
CA
93401
003 - 578 -09 -00
Johnson Gt
1240 Ella
54.00
San Luis Obispo,
CA
93401
003 - 578 -11 -00
Red Eagle Ranch Jt Venture
1241 Garden
54.00
San Luis Obispo,
CA
93401
003 - 578 -12 -00
Buchan E et,al
P.O. Box 140
54.00
San Luis Obispo,
CA
93401
-1-
VOL 2260P!GE 503
EXHIBIT "A"
VOLUME 2188 .PAGE 913 Continued
PARCEL NUMBER NAME OF OWNER
003 - 652 -10 -00 Shipman R et, al
003 - 654 -08 -00 Tucker RE
VOLUME 2188 PAGE 914
003 - 693 -16 -00 Moerman CP & AD
003 - 749 -13 -00 Williams BA et, al
004 - 361 -73 -00 Perozzi LM
004 - 581 -17 -00 Smees Plumbing & Hting
Shop
VOLUME 2188 PAGE 915
004 - 582 -08 -00 Smees Plumbing & Hting
004- 583 -15 -00 Spencer RR et, al
004 - 601 -15 -00 Rosenthal S
004 - 601 -17 -00 Lee HD & KD
-2-
ADDRESS
2415 Lawton
San Luis Obispo, CA
93401
41941 S Fork Dr
Three Rivers, CA
93271
2424 Augusta
San Luis Obispo, CA
93401
c/o De Frazier
627 Branch
San Luis Obispo, CA
93401
1806 Corralitos
San Luis Obispo, CA
93401
2959 S. Broad
San Luis Obispo, CA
93401
2959 S Broad
San Luis Obispo, CA
93401
c/o HG York
P.O. Box 458
Avila Beach, CA
93424
3581 Julian Ave
Long Beach, CA
90801
5120 Caballeros
San Luis Obispo, CA
93401
AMT PD.
54.00
21.60
10.80
65.40
54.00
54.00
81.00
54.00
259.80
43.80
VOL 2200PAGE 504
n
LJ
VOLUME 2188 PAGE 916
EXHIBIT "A"
O
PARCEL NUMBER
NAME OF OWNER
ADDRESS
AMT PD.
004 - 764- 07 -.00
Limon F & I
171 Buena Vista
54.00
San Luis Obispo, CA
93401
004 - 821 -01 -00
Gann Investment Inc
1880 Santa Barbara
81.00
San Luis Obispo, CA
93401
004 - 821 -08 -00
Gann Investment Inc
1880 Santa Barbara
108.00
San Luis Obispo, CA
93401.
004 - 821 -09 -00
Gann Investment Inc
1880 Santa Barbara
135.00
San Luis Obispo, CA
VOLUME 2188 PAGE 917
93401
004 - 822 -01 -00
Gann Investment Inc
1880 Santa Barbara
243.00
San Luis Obispo, CA
93401
004 - 822 -02 -00
Gann Investment Inc
1880 Santa Barbara
135.00
San Luis Obispo, CA
93401
004 - 823 -01 -00
Gann Investment Inc
1880 Santa Barbara
81.00
San Luis Obispo, CA
93401
004 - 842 -12 -00
French CE et, al
1160 Marsh Street
54.00
San Luis Obispo, CA
93401
004 - 911 -26 -00
Cummings FT & CL
1162 Seaward
33.00
San Luis Obispo, CA
93401
VOLUME 2188 PAGE 918
004 - 962 -16 -00 New World Inv c/o Vetter Group 189.00
1150 Laurel Lane
San Luis Obispo, CA
93401
052 - 022 -18 -00 Soldavini JS 2364 Parkland Terr 32.40
San Luis Obispo, CA
93401
-3-
VOL 226OP!GE 5015
VOLUME 2188 PAGE 920
AMT PD.
54.60
54.00
54.00
54.00
053 - 171 -16 -00 Bartlett GM et, al P.O. Box 224 30.60
Lake Arrowhead, CA
92352
053 - 193 -04 -00 San Luis Brick, Inc 2900 Broad 74.40
San Luis Obispo, CA
93401
VOLUME 2188 PAGE 921
053 - 201 -07 -00
Bullock RL & LE et,al
EXHIBIT "A"
VOLUME 2188 PAGE 919
PARCEL NUMBER
NAME
OF OWNER ADDRESS
052 - 022 -21 -00
Baker JA & LE
331 Sycamore
053 - 241 -23 -00
Vandenberg AFB, CA
P.O. Box 1135
189.00
93437
052 - 163 -04 -00
Ross JR
1151 Marsh
San Luis Obispo, CA
053 - 245 -77 -00
93401
052 - 193 -01 -00
RODGERS B
P.O. Box 878
San Luis Obispo, CA
Cambria, CA
93428
052 - .203 -12 -00
Nelson SH et, al
P.O. Box 1427
400 Allen
54.00
San Luis Obispo, CA
Arroyo Grande, CA
93406
VOLUME 2188 PAGE 920
AMT PD.
54.60
54.00
54.00
54.00
053 - 171 -16 -00 Bartlett GM et, al P.O. Box 224 30.60
Lake Arrowhead, CA
92352
053 - 193 -04 -00 San Luis Brick, Inc 2900 Broad 74.40
San Luis Obispo, CA
93401
VOLUME 2188 PAGE 921
053 - 201 -07 -00
Bullock RL & LE et,al
P.O. Box 1466
81.00
San Luis Obispo, CA
93406
053 - 241 -23 -00
Cuesta Associates
P.O. Box 1135
189.00
San Luis Obispo, CA
93401
053 - 245 -77 -00
Cuesta Associates
P.O. Box 1135
216.00
San Luis Obispo, CA
93401
053 - 251 -11 -00
Arroyo Inc
400 Allen
54.00
Arroyo Grande, CA
93420
-4-
VOL 22UOPIGE 506
i
VOLUME 2188 PAGE 922
PARCEL NUMBER
001 - 062 -12 -00 Corda PR
EXHIBIT "A"
NAME OF OWNER ADDRESS
1131 Monterey
San Luis Obispo, CA
93401
001 - 194 -01 -00
Schott FE
& AF
520 Chorro.Street
San Luis Obispo, CA
93401
003 - 782 -10 -00
Soldavini
JS
2364 Parkland Terr
San Luis Obispo, CA
93401
004 - 271 -24 -00
Val Vista
Estates Inc
P.O. Box 1457
Newport Beach, CA
92663
004 - 271 -27 -00
Val Vista
Estates Inc
P.O. Box 1457
Newport Beach, CA
92663
VOLUME 2188 Page 923
004 - 361 -72 -00 Perozzi LM
004 - 821 -08 -00 Gann Investment Inc
004- 821 -09 -00 Gann Investment Inc
004 - 822 -01 -00 Gann Investment Inc
004 - 822 -02 -00 Gann Investment Inc
004 - 823 -01 -00 Gann Investment Inc
-5-
1806 Corralitos
San Luis Obispo, CA
93401
1880 Santa Barbara
San Luis Obispo, CA
93401
1880 Santa Barbara
San Luis Obispo, CA
93401
1880 Santa Barbara
San Luis Obispo, CA
93401
1880 Santa Barbara
San Luis Obispo, CA
93401
1880 Santa Barbara
San Luis Obispo, CA
93401
AMT PD.
10.80
10.80
21.60
10.80
10.80
54.60
81.00
54.00
162.00
81.00
54.00
voL zz6®P .IGE 507
VOLUME 2188 PAGE 924
PARCEL NUMBER
052 - 032 -28 -00 Hampton M
NAME OF OWNER
052 - 162 -02 -00 Castro A et, al
053 - 203 -01 -00 Union Oil Company of CA
ADDRESS AMT PD.
575 Cerro Romauldo 97.20
San Luis Obispo, CA
93401
c/o Cooley Godward et, al 54.00
1 Maritime Plaza 20th Floor
San Francisco, CA
94111
Union Oil Building 43.20
Los Angeles, CA
90017
CORRECTIONS TO PRIOR RECORDINGS FOR REMOVAL OF LIENS
The following items supercede and correct previous recordings at the location
indicated:
VOLUME 2209 PAGE 125 DOCUMENT NO. 57598 -- RECORDED 12 -11 -79
1. Volume 2188 Page 911
001 - 066 -19 -00 Roselip, VB, et, al c/o B. Roselip et, al 81.00
(Corrected 212 Panorama Drive
Parcel No.) Paso Robles, CA 93446
VOLUME 2255 PAGE 568 DOCUMENT NO. 31107 -- RECORDED 07 -18 -80
2. Volume 2188 Page 918
004 - 963 -66 -00 Johnson Highlands Box 111 A Rt. 2 144.00
San Luis Obispo, CA (Corrected
93401 Amount)
3. Volume 2188 Page 922 (Corrected Page Number)
004 - 271 -28 -00 Val Vista Estates Inc P.O. Box 1457 10.80
Newport Beach, CA
92663
EN® Of DOCUMM von 226ON!GE 5G8
RESOLUTION NO. 4215 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY
AND TIMOTHY AND KAREN LASALLE (WILSON STREET WATER
LINE - $20,000 QUARTERLY 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
Timothy and Karen LaSalle 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: Timothy and Karen LaSalle,
the Director of Public Services, the Utilities Engineer /Superintendent, the
Finance Director, the Chief Building Inspector and the Fire Chief.
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 5th day of August ,
1980.:.
ATTEST:
Cit erc J.H. Fitzpatrick
R 4215
Resolution No. 4215
APPROVED:
City Administr O cer
City Attorney
irect of Pub is Services
Utilit es Engineer /Superintendent
Direc or Finan e
1980 Series
a
1
EXHIBIT "A"
AGREEMENT AFFECTING REAL PROPERTY -
THIS AGREEMENT, dated August 5 1980, for the convenience
of the parties hereto, is between the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and 'Timothy and Karen LaSalle, the
fee owner and developer of the real,property depicted in EXHIBIT "B ", attached
hereto, hereinafter called "Developers
iVITNESSETH:.
In consideration of the mutual benefits, promises and agreements
set forth herein, the parties agree as follows:
1. The City agrees to contract for the installation of, and assist in
funding the following described water system improvements in accordance with
Municipal Code Section 7410.9 subsection (1), relating to main extensions to
new customers other than subdivisions, and City Council Resolution No. 2435,
adopted on March 9., 1973, - which resolution is made a part of this agreement
as though specifically set forth herein:
A. Construction of approximately 365 feet of 8 inch diameter
water line in Wilson Street from Park Avenue to Grand Avenue with
tie -ins and_service: connections. (This portion of the project
including inspection, engineering, and administration thereof is
to be, financed by the City under provisions of Resolution No. 2435,
otherwise known as the "$2.0,000 Quarterly Funding Program!'.)
B. Installation of one fire hydrant with - connecting lateral
and related facilities. (This portion of the project, including
inspection, engineering and administration thereof, is to be financed
by the developers)
Agreement
City 4 Timothy & Kareti LaSalle.
2. Said water system improvements have been determined necessary to
provide adequate fire protection for developments existing and proposed on
the developers' property described as Parcel A of Parcel Map SL0- 68 -36,
San Luis Obispo County .(620 Park Street).
3. City agrees to prepare plans and specifications providing for the
above described installation to City•standards and to call for bids, award a.
contract and administer same in accordance with the provisions of Section 724
0 of the City Charter.
4: Developers agree to pay the following amounts as their share of the
costs for said improvements:
A. At the time of signing this agreement, a deposit in the sum of
$1,828.50 which represents the estimated total costs for the installa-
tion of the fire hydrant plus 15% for engineering and administrative costs.
B. Should the actual costs be less than, or greater than, the deposit,
the City will, after completion of the project, either refund, or bill.
the developers for, the difference, whichever is appropriate.
S. For planning purposes, the City estimates that the water system im-
provement will be completed within five (5) weeks after the contract is awarded;
the City agrees to use due diligence in seeking timely contract performance.
However, the parties recognize that City cannot guarantee timely performance,
and Developers agree that City shall not be responsible for any loss incurred
by them as a result of delays in contract completion. Developers also agree to
hold City harmless from all claims by third persons, purchasers or tenants which
are based upon delays in performance of the water main construction contract.
6. Developers agree.that they will not seek a certificate of occupancy,
and they will not permit others to occupy, the project to be constructed by
them upon the real property referred to herein prior to the completion of the
needed water system improvements, unless written permission to do so is obtained
from the City Fire Department_
A;).
Agreement
City & Timothy & KareC-aSalle
7. This agreement shall be binding upon and shall inure to. the benefits
of the heirs, assigns, and all other successors in interest of the.parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed.
CITY OF SAN LUIS OBISPO:
s/LYNN R. COOPER
Mayor Lynn R. Cooper
ATTEST:
s/J.H. FITZPATRICK
City Clerk J:H-. Fitzpatrick
rua z6mx119
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City A :Mi_,'st ati icf4 er
/Direct -of Public Services
nMf7TnpFn-
Xar'en LaSall'
Utilities Engineer /Superintendent
D rector Financ
RESOLUTION NO. 4214(1980 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS -
OBISPO APPROVING AN AMENDMENT TO THE TENTATIVE MAP
FOR TRACT NO. 827 LOCATED AT 2800 JOHNSON AVENUE
WHEREAS, the subdivider requests a modification to the tentative map
approved to allow filing of two final maps; and.
WHEREAS, the Council, after a public hearing, desires to allow such
modification;
NOW THEREFORE the City Council resolves that the following condition be
added to Resolution No. 3989:
Condition 13: Phasing shall be permitted and multiple final maps
(two only) may be filed.
On motion of Councilwoman Billig seconded by Councilman Munger ,
and on the following roll call vote:
AYES: Councilmembers Billig, Munger and Bond
1 .NOES• None
ABSENT: Councilman Dunin and Mayor Cooper
the foregoing resolution was passed and adcp<i�i this 15th day of J
1980.
ATTEST:
City C1 . .'Fitzpatrick
R 4214
Resolution No. 421 80 Series)
• 'Tract 827
Page 2
APPROVED:
City Admini trative Officer
City A for
! /
Community Development Department
RESOLUTION NO.4213(1980 Seriesk
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO DENYING APPEALS FROM PLANNING COMMISSION
DECISIONS DENYING 1) A TENTATIVE 11AP FOR MINOR SUB-
DIVISION 80 -29 MAP AND 2) USE PERMIT U -0853
WHEREAS, Cuesta Valley Properties has applied for approval of 1) Minor Sub-
division No. 80 -29 to create four lots from one lot at 565 Hill Street, R -1,. R -1 -S,
A /C -20 zones, and 2) Use Permit No. U -0853 to allow a four lot residential subdivision
at 565 Hill Street, R -1 -S zone; and
WHEREAS, on June 25, 1980, the Planning Commission denied both of these
applications; and
WHEREAS, Cuesta Valley Properties has appealed the Planning Commission denials
to this Council; and
WHEREAS, this Council has considered the appeal, the application, appellant's
other materials, staff materials, including all materials submitted to the Planning
Commission and the Council regarding the appeals, the minutes of the Jung 25, 1980
Planning Commission meeting, and comments of staff, appellant, and the public:
NOW, THEREFORE; BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Based on the items considered as listed above, this Council makes
the following.findings:
a. The Council is unable to make the findings necessary under the City's
subdivision regulations to support the variances requested by the application for
minor subdivision 80 -29.
b. The site is not physically suitable for the proposed density or type of
development.
c. The site is appropriate for residential development but of a design
configuration and layout different from that proposed by the applications under
consideration here.
R 4213
•
Resolution No. 4213
r�
1980 Series)
SECTION 2. Based on the findings made hereinabove, the Council hereby
denies the appeals from 2enials of minor subdivision 80 -29 and use permit U -0853.
Cn motion of Councilwoman Billig, seconded by Councilman Bond, and on the
following roll call vote:
AYES: Councilwoman Billig, Councilmen Bond and Dunin
NOES: Mayor Cooper and Councilman Munger
ABSENT: None
the foregoing Resolution was passed and adopted this th day of July, 1980.
LYNN R.
ATTEST:
CITY CLE TZPATRICK
APPROVED:
City Adminisistr :ve Officer
Ci, Attorney
RESOLUTION NO. 4212 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain Memorandum of Understanding, attached hereto marked
and incorporated herein by reference, between the City of San Luis Obispo and the San
Luis Obispo Police Officers' Association is hereby approved and the Mayor is authorized
to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the
executed agreement approved by it to the President, San Luis Obispo Police Officers'
Association.
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
FA D 01�f1
the foregoing Resolution was passed and adopted this 15th day of July
1980.
ATTEST:
y;'. "b• Yy.
CITYALEIM J:H. FITZPATRICK
R 4212
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CITY OF SAN LUIS OBISPO
MEMORANDUM OF UNDERSTANDING
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
JULY 1, 1980
Through
a
JUNE 30, 1982
I
ARTICLE I
2 PREAMBLE
3 This Agreement is made and entered into this 15th day of July
4 1980, by and between the City of San Luis Obispo, hereinafter referred to as
5 City, and the San Luis Obispo Police Officers' Association.
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7 The purpose of this Agreement is to promote the improvement of personnel
8 management and employer /employee relations, provide an equitable and peaceful
9 procedure for the resolution of differences and establish rates of pay and
10 other terms and conditions of employment.
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12 The City and the Police Officers' Association agree that all employees of
13 the City share in the important responsibility of providing superior service
14 to the public and that every job and position is considered to be important.
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16 Nothing in this Agreement between the parties shall invalidate or be sub -
17 stituted for any provision in City Resolution No. 3405 (1977 Series) unless
18 so stipulated to by provisions) contained herein and agreed to. Copy of
19 Resolution No, 3405 is attached hereto marked Exhibit "A."
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21 ARTICLE II
22 RECOGNITION
23 Pursuant to Government Code Section 3500 et seq and City Resolution No.
24 3405 (1977 Series), the City hereby recognizes the San Luis Obispo Police.
25 Officers' Association as the bargaining representative for purposes of
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representing regular and probationary employees, occupying the position
27 classifications set forth in Article XVIII, below, in the Police Unit with
28 respect to their compensation, hours and other terms and conditions of
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employment for the duration of this Agreement.
ARTICLE III
.CHECK OFF /DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the
Association on a monthly basis for the duration of this Agreement, which
dues shall not include assessments.
Monthly dues deduction, additions, and /or deletions shall be recorded by
the City's Finance Officer and a notification of all dues transactions
shall be sent monthly to the Association President.
The Association shall hold the City harmless from any and all claims, and
will indemnify it against any unusual costs in implementing these provisions.
Additional provisions can be found in Section 20 of Resolution No. 3405
(1977 Series,).
ARTICLE IV
MANAGEMENT RIGHTS /EMPLOYEE RIGHTS
Provisions shown within Sections 5 and 6 of Resolution No. 3405 (1977 Series
shall apply.
ARTICLE V
DEFINITIONS
For purposes of specification and clarification, the following definition
is provided:
Above Satisfactory: shall mean performance which exemplifies an employee's
productivity in both quantity and quality to meet department standards for
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the position the employee holds. Also, that said performance shows a
consistent attitude of performing one's work in the best interest of the
department and City in providing service to the general public.
The department head shall establish performance standards for each classi-
fication, to be used in measuring "above satisfactory" performance as
part of the City's existing performance evaluation program.
ARTICLE VI
REPRESENTATIVE.ROLE
Provisions set out in Section 16 of Resolution No. 3405 (1977 Series) shall
apply.
ARTICLE VII
Section A Rules Governing Step Increases
The rules govprnina. step increases for employees covered by this MOU are
included in the current Salary Resolution with the following modification:
Each department head shall be authorized to reevaluate employees who reach
Step 5 in their pay range. An employee who is not performing up to
standard for the fifth step shall be notified in writing that the depart-
ment head intends to reduce him one step unless his job performance im-
proves significantly within a 60 -day period. Unless the employee's job
performance improves to an acceptable level by the end of 60 days, the pay
reduction shall then become effective. The fifth step may be reinstated
at any time upon recommendation of the department head. If the department
head deems it necessary to again remove the fifth step during the same
fiscal year, he may make the change at any time with three business
days' written notice.
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Each salary range consists of five steps (1 through 5). Steps 1 through 4
equal 95% of the next highest step, computed to the nearest two dollars.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Each across - the -board % salary increase shall raise step 5 of range 9P by
that %. Step 5 of each successive salary range will be 2.63% above step
5 of the next lower range. After all step 5's of salary ranges have been
established, each step 5 shall.be rounded off to the nearest $2.00 and the
remaining steps established in accordance with the above formula.
Employees who are eligible for advancement to step 4 or 5 after June 30,
1.97.9, must receive an "Above Satisfactory" rating on their most recent
performance evaluation prior to or coincident with their being eligible for
advancement �y time in grade.
Section B Salary Provisions for Fiscal Year 1980 -81
1. Effective July 1, 1980, all employees covered by this MOU shall receive
a 15% salary increase. (Any retroactive pay adjustment required by this
15% increase shall be computed at 15% of the cross earnings of each
employee from July 1, 1980, to the date of implementation of this MOU.)
2. Effective July 1, 1981, all employees covered by this MOU shall
receive a salary increase equal to the percentage increase in the consumer
price index for the period April 1, 1980, through March 31, 1981. Provided,
however, that the salary increase shall not be less than 7% or more than
14% of the July, 1980, base salary. Provided, further, that this percentage
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increase number shall be'decreased by the percentage number 9.2 %, said 01.2%
being agreed upon herein by the parties as the additional cost to City
effective July 1, 1981, of providing, on an annual basis, medical, dental,
disability and retirement benefits as provided in this agreement.
Section C Overtime
1. All employees covered by this Agreement except for the Police Lieutenants,
Police Captains and Technical Services Coordinator, shall be eligible for
overtime pay. All overtime shall be paid at time- and -one -half including
shift continuation except as stated below:
a. Court Time - Employees reporting for court duty shall be guaranteed
two hours minimum payment at straight time when assigned to the second
or third watch or three hours minimum at straight time when assigned to
the first or fourth watch. Two or more court cases occurring within
the minimum time period shall be subject to a single minimum payment.
a
b. Training - Employees called back for training sessions authorized
by the Police Chief or Watch Commander shall be paid on a straight time
basis with a two -hour minimum payment. Sworn personnel below the rank
of Captain shall be paid two hours at straight time when participating
in range qualification training when off duty; each sworn employee who
shoots for qualification shall be provided 100 rounds of practice
ammunition during that month.
c. Senior Police Officers assigned as Investigators shall be paid at
time- and - one -half for the first two hours of the call -back.
d. Officers assigned to Senior Police Officer Investigator duties shall
receive.a 7 -hour per month overtime payment. Investigators who serve
one week standby duty shall receive credit for 7 -hours overtime.
All overtime earned except training, shall ;be charged against the seven
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hour monthly minimum guarantee until exhausted at which time overtime
will be paid as worked at straight time.
2. Employees eligible for overtime pay may elect to receive compensating
..ti.me.off.(CTO) at straight time in lieu of overtime pay. The watch
supervisor must authorize the use of such CTO in advance if it is for two
days or less. The division commander must authorize CTO use in excess of
two days at a time.
3. Except as otherwise provided herein, all call back shall be paid at time -
and- one -half. Employees called back to work other than their normally
scheduled shift shall be paid a minimum of two hours pay at time - and - one -half.
vlhen the employee is required to work beyond two hours he shall be compensates
at time - and - one -half for each hour worked. Provided that shift continuation
shall be paid at time - and- one -half for each hour worked.
4. a. Emergency Call Out is defined as: The unexpected, the unknown, those
events or circumstances which cannot be foreseen and /or manpower pre-
planned.
Examples: fEarthcjuakes, floods, nuclear disaster, explosions, hazardous
material spills, mutual aid. Usually, but not always, Emergency Call
Out will result in the entire department being called back to duty and/
or the instituting of twelve (12) hour shifts with all days off and
vacations cancelled. Emergency Call Out does not apply when a single
member of the department or a specialized team is called out to handle
a "special investigation" or an "unusual occurrence," such as a
"homicide investigation" or an "unlawful assembly.
b. Emergency Call Out shall be paid at a minimum of four (4)' hours
at time - and - one -half and straight time for each hour after the initial
four hours that each employee works after the declaraction of emergency
call out has been made by the Chief of Police or his authorized
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representative. No employee shall be paid more than one four -hour
minimum payment for any declared emergency.
5. Edon -sworn personnel shall receive overtime pay at time- and - one -half
for all hours worked in excess of forty (40) hours per week unless they
elect to take compensating time off at straight time. Provided, that for
training sessions non -sworn personnel shall be paid on a straight time basis
with a two -hour minimum payment.
Section D :fork Out Of Grade
Employees temporarily assigned to work in a higher classification shall
receive one step additional pay but in no case more than the top step for
the higher classification under the following conditions.:
1. The assignment exceeds ten consecutive_arork days; in which case the
step increase becomes effective on the first work day.
2. The person being temporarily replaced is on extended sick or disability
leave or the position is vacant and an examination is pending.
Section E Standby
Sworn personnel below the rank of Lieutenant on standby, except Investigators,
shall be compensated one hour's pay for each five (5) hours standby. Such
employees shall be paid a minimum of three (3) hours straight time when on
standby.
Section F Roll Call Briefing
All Police Officers, Investigators, and Sergeants I and II shall report for
duty 15 minutes before the start of their shift for roll call briefing and
shall be paid at straight time.
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ARTICLE VIII
BENEFITS
Section A Medical Insurance
1. For the period July 1, 1980, through June 30, 1981, City shall contribute
$87.47 per month for all employees covered by this MOU to be spent, first,
on employee coverage under an approved medical insurance plan, and, second,
on dependent coverage or on City- approved insurance plans. The City agrees
to maintain the current level of benefits but reserves the right to choose
the method of insuring and funding these benefits; provided, however, that
on January 1, 1981, City shall discontinue any "approved insurance plans"
provided as a "second" benefit under the provisions of the last clause of the
preceding sentence. Provided, further, however, as soon as practicable
prior to January 1, 1982, City shall pay any employee covered by this iiOU
a lump sum payment,.subject to appropriate taxation, for the difference
between $87.47 per month and any lesser sum expended by the City per month
for such employee for benefits under this section for the period January 1,
1981 through June 30, 1981. The City shall continue to contribute $3.50
per month for all employees for the approved eye care plan for the period
July 1, 1980 through June 30, 1981.
2. Effective July 1,1981, City shall fully fund a) an approved medical
insurance plan, b) Health Benefits Incorporated (HBI) dental program, and
c) approved eye care plan for all employees covered under this Agreement and
their dependents. Provided, however, City reserves the right to fund any
or all of these benefits through either self- insurance program or an
insurance carrier not currently providing these services, either of which
alternatives will continue at the current level of benefits. City shall
establish a maximum base cost per month to City per employee covered by
this MOU of providing the medical, dental, and eye care benefits through
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self- insurance program or through a carrier not currently providing these
services. Any employee covered by this Agreement.who chooses not to select
said programs, but rather selects the Health Mlaintenance Organization,
through Los Padres Group Health, shall pay the difference between the
established base cost and the cost, if greater, of the Los Padres Plan on
a monthly basis. As soon as practicable prior to January 1, 1982, City
shall pay any employee covered by this MOU a lump sum payment, subject to
appropriate taxation, for the difference between the maximum monthly base
cost established under this subsection and any lesser amount paid by the
City for the benefits provided under this subsection.
Section B Disability Insurance
Effective July 1, 1981, City agrees to pay for a disability insurance program
for all employees covered by this i11OU which will provide for 60% of the
base salary of the employee after 90 days of disability subject to any terms
and conditions-,in the disability insurance agreement including, but not
limited to, provisions for offset of disability payments against workers'
compensation, disability retirement or any other income excluded by the
terms and the disability insurance agreement.
Section C Retirement
City shall initiate an amendment to its contract with the Public Employees'
Retirement System (PERS) which will allow City to fully pay City contributions
and employee contributions under the City's current retirement program
to employees covered by this Agreement, except the following:
Communications Technician I
Communications Technician II
Technical Services Coordinator-
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Parking Enforcement Officer
Identification Technician
Crime Prevention Coordinator
Field Service Technician
It is understood that the City's ability to perform under this section is
limited by the willingness of PERS to amend City's Agreement for police
safety members. It is understood by the parties that should the City be
allowed to amend the contract as provided here all funds contributed
thereafter will remain City property under the terms of the PERS law until
the occurrence of such other event allowing whole or partial payment to
the employee, which event, as to individual employees covered by the 'SOU,
might never occur. If.the City and PERS do so amend the contract, those
employees excepted from this fully funded retirement benefit by the terms
of this section shall receive an upward adjustment of two salary ranges
from the effective date of the amendment; in the event these excepted
employees later become entitled to fully funded retirement benefits under
a policy safety MO U or other agreement, their salary shall be adjusted two
salary ranges downward..
Section D Vacation Leave
Vacation leave is governed by Section 2708.7 of the Municipal Code except
that it may be taken after the completion of the sixth calendar month of
service since the benefit date. Vacation leave shall be accrued as earned
each payroll period up to a maximum of twice the annual accrual rate.
Section E Holidays
For all employees, holiday leave shall be accrued as earned each payroll
period at a rate of 8 hours per month. The following days of each year
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are designated holidays for non -shift employees:
January 1 - New Year's Day
February 12 - Lincoln's Birthday
Third Monday in February - Washington's:Birthday
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Last Monday in May - Plemorial Day
July 4 - Independence. Day
First Monday in September - Labor Day
September 9 - Admission Day
Fourth 'Monday in October - Veteran's Day
Fourth Thursday in ?November - Thanksgiving Dav
December 25 - Christmas
Employee's Birthday
One -half day before Christmas
One -half day before New Year's
When a holiday falls on a Saturday, the preceding; Friday shall be observed.
When a holiday falls on a Sunday, the following 11onday shall be observed.
Section F Vacation, Holiday and Compensatory Time Off Recordkeeping
All employees may accrue a maximum of vacation time not to exceed twice
their annual r5te as set out in Section 2708.7 of the San Luis Obispo
Municipal Code. Holiday leave is accrued at 8 hours per month to a
maximum of 96 hours. CTO accumulated in accordance with Article VII,
Section C.2 shall not exceed 40 hours. Subject to the prior approval of
the Police Chief or his designated representative, each employee has the
option of taking holiday leave or CTO off, being paid at straight time for
any unused leave at the end of each calendar quarter, or carrying over.
A maximum of 136 hours may be so paid off each calendar year. This Section
is subject to annual approval of the Chief of Police prior to the beginning
of the new fiscal year.
Section G Sick Leave
Sick leave is governed by Section 2708.35 of the Municipal Code. An employee
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may take up to two days per year of sick leave if required to be away from
the job to personally care for a member of his /her immediate family as
defined in Section 2708.5 of the San Luis Obispo Municipal Code. This may
be extended to five days per year if the family member is part of the
employee's household, and to seven days if a household member is hospitalized
and the employee submits written verification of such hospitalization.
Upon termination of employment by death or retirement, a percentage-of the
dollar value of the employee's accumulated sick leave will be paid to the
employee, or the designated beneficiary or beneficiaries according to the
following schedule:
a. Death - 25%
b. Retirement and actual commencement of PEiftS benefits:
1. After ten years of continuous employment - 10%
2. After twenty years of continuous employment - 15%
Section H Workers' Compensation Leave.
Any employee who is absent from duty because of on- the -job injury in
accordance with state workers' compensation law and is not eligible for
disability payments under Labor Code Section 4850 shall be paid the different
between his base salary and the amount provided by workers' compensation
law during the first 90 business days of such disability absence.
Section I Uniform Allowance
1. Each employee required to wear a uniform shall receive an annual uniform
allowance of $300, paid quarterly. This allowance shall not be paid for any
employee who is off duty due to a .job - related injury at the.start of any
calendar quarter. If the employee returns to work during that quarter, his/
her uniform allowance will be prorated.
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2. The City agrees to provide bullet -proof vests to Police Officers for
optional wearing. At the discretion of the '!latch Commander, all officers
may be required to wear vests.
Section J Educational. Incentive
The City agrees to establish an educational incentive pay plan. Incentive
pay benefits will be available only to personnel below the rank of Captain.
1. Basic Benefits. Educational incentive pay shall not begin until one
year after employment with the City of San Luis Obispo, but credit will be
given for approved education obtained prior to that time. The basic benefit
for officers employed prior to July 1, 1981, will consist of one -half step
above the base salary for possession of an A.A., or equivalent degree from
an accredited community or junior college, or 60 or more semester units,
or a city - approved equivalent, towards a B.A. degree; and one full step for
a B.A. or equivalent degree from an accredited four year college or
university oroan A.A. or A.S. degree plus the P.O.S.T. Advanced Certificate.
Total incentive pay shall in no case exceed one step.
2. Job Related Fields. Degrees must be either in directly job related
fields or include at least 30 semester „or city- approved equivalent, units
in the case of an A.A. or A.S. degree, and at least 60 semester, or city-
approved equivalent, units in the case of a B.A. or equivalent degrees
leading toward the appropriate degree with a grade of "C" or better.
3. Application and Approval. Application for the incentive pay shall be
made by the employee to the department head at least 30 days before the
date the payment of the incentive pay is to be effective. Approval of the
department head and the Personnel Director shall be required.
4. Unsatisfactory Performance. In the event an employee receiving the
incentive pay is not performing up the established standards set for the job,
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the department head with the concurrence of the Administrative Officer
may suspend payment of the incentive pay or Step 5 of the salary range, but
not both, until such time as the employee's performance comes up to the
standard level, in the opinion of the department head and concurred in by
the Administrative Officer.
5. Non- Applicability. Educational incentives shall not be paid for educa-
tion received on City time. The education incentive will be removed if the
employee is promoted to a position which does not entitle.employees to such
incentives.
6. Tuition and Books. If an employee holds a position which does not
qualify him for incentive pay, the employee will be eligible to receive
payment for 50% of tuition and books for approved job related courses upon
satisfactory completion of same with a grade of "C" or better.
7. New Employees. The basic benefit for officers hired on or after July 1,
1981, shall be a five percent step increase for a period of one fiscal year
if during the previous fiscal year the officer has successfully completed --
i.e., grades of "C" or better in all courses -- a minimum of nine semester,,
or City - approved equivalent, units of college level classroom work approved
by the Chief of Police, provided that this benefit shall be payable only
for classroom work done after completion of the probationary period.
Section K Accidental Death in the Line of Duty
The spouse or surviving minor children (under 19 unless full -time students,
in which case under 23) of a Police Officer who dies in the line of duty
shall continue to receive payment of the employee's base salary and medical
insurance benefits until the workers' compensation claim is settled and
benefits awarded. At that time, the City's accumulated contributions will
be deducted from the award.
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ARTICLE IX
WORKING CONDITIONS
Section A Place of Residence
An officer's place of residence shall be within a thirty (30) minute
driving radius from San Luis Obispo proper..
ARTICLE X
PERSONNEL RULES
No new provisions covered for term of Agreement.
ARTICLE XI
PERSONNEL PROGRAMS
No new provisions covered for term of Agreement.
ARTICLE XII
GRIEVANCE PROCEDURE
Provisions shown within Section 2707 of the Municipal Code shall apply.
ARTICLE XIII
GENERAL PROVISIONS
Section A . Payday
Paychecks will be disbursed on the 7th and 22nd of each month. If the 7th
or 22nd falls on a weekend or holiday, payment shall be made the preceding
business day. This disbursement schedule is predicated upon normal working
conditions and is subject to adjustment for cause beyond the City's control.
Section B Paychecks Prior To Vacation
If an employee is taking vacation leave and wishes to receive his regular
5011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
paycheck before payday, the employee must notify the Finance Department
in writing at least two weeks prior to the start of vacation provided the
employee has sufficient vacation time coming to cover the pay period.
Section C management Benefit
Employees filling those positions defined in Article XVIII as management
shall receive $25,000 term life insurance and a long -term disability
insurance plan for recognition of their management responsibilities.
Section D Salary Survey Agencies
Agencies to be used for review of salaries shall include:
Antioch
California Highway Patrol
Chino
Clovis
Davis
Monterey
Pacifica
Salinas
Santa Barbara City
Santa Barbara County
San Luis Obispo County
Santa Maria
Section E Consumer Price Index
The CPI used for analysis in conjunction with salary setting matters shall
be the average percentage rise in the April to April index for "All Urban
Consumers" (S.F. /Oak. - L.A.) 1967 = 100 %.
-16-
I Section F Economic Reopener
2 Should there be any new, specific legislative directive or severe economic
3 downtown effectuated during the term of this Agreement, which legislation
4 or downturn economically restricts and /or limits and revenue and /or expendi-
5 tures of the City, the City reserves the right to open negotiations on all
6 economic matters contained herein. Negotiations shall in any event be
7 reopened if the Consumer Price Index increase for the period April 1, 1980,
8 through larch 30, 1981, is less than 7% or more than 14 %. Such negotiations
9 shall be for the purpose of discussing possible options available to both
10 the City and the Association in implementing all or part of this Agreement
11 is said restrictions, limits or CPI fluctuation would affect the City in
12 all or part of their financial obligations contained in this Agreement.
13
14 ARTICLE XIV
15 WORK ACTIONS
16 Provisions shown within Section 21 of City Resolution No. 3405 (1977 Series)
0
17 shall apply.
18
19 ARTICLE XV
20 FULL AGREEMENT
21 It is understood this Agreement represents a complete and final understanding
22 on all negotiable issues between the City and the Association. This
23 Agreement supersedes all previous Memoranda of Understanding or Memoranda
24 of Agreement between the City and the Association except as specifically
25 referred to in this Agreement. The parties, for the term of this Agreement,
26 voluntarily and unqualifiedly agree to waive the obligation to negotiate with
27 respect to any practice, subject or matter not specifically referred to or
28 covered in this Agreement even though such practice, subject or matter may not
-17-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
have been within the knowledge of the parties at the time this Agreement
was negotiated and signed. In the event any new practice, subject or matter
arises during the terry of this Agreement and an action is proposed by the
City, the Association will be afforded notice and shall have the right to
meet and confer upon request.
ARTICLE XVI
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of
law or by any court of competent jurisdiction, or if compliance with or.
enforcement of any provision should be restrained by any tribunal, the
remainder of this Agreement shall not be affected thereby, and the parties
shall enter into a meet and confer session for the sole purpose of arriving
at a mutually satisfactory replacement for such provision within a thirty
(30) day work period. If no Agreement has been reached, the parties agree
to invoke the provision of impasse under Section 13 of City Resolution No..
3405 (1977 Series).
ARTICLE XVII
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1980, and shall continue
in full force and effect until expiration at midnight, July 1, 1982.
ARTICLE XVIII
COVERED EMPLOYEES
Covered employees include only those employees in the following classifi-
cations in the Police Department:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Salary
Rance
(9)
Communications Technician I
lop
(1)
Communications Technician II
14P
(1)
Identification Technician
24P
(1)
Crime Prevention Coordinator
9P
(2)
Field Service Technician
9P
(2)
Parking Enforcement Officer
9P
(1)
Technical Services Coordinator
31P
(1)
Police Captain*
38P
(3)
Police Lieutenant
33P
(35)
Police Officer
22P
(4)
,'Police Sergeant I
28P
(4)
Police Sergeant II
30P
0
*Management Employee
In WITNESS WHEREOF, this Agreement becomes effective &;*0z K as
witnes d hereto by the following parties
CIy7SAN U, t7 OJVPO 1` LUIS B S P01 '.OFFICERS'. ASSOC.
v
CI 1Y ATTORNEY
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RESOLUTION NO. 4211 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISP,O FOR SALE OF SURPLUS PROPERTY ON THE NORTHEAST
CORNER OF SANTA ROSA AND MILLS STREETS IN SAN LUIS OBISPO
BE IT RESOLVED by the City Council of San Luis Obispo as follows:
SECTION 1. The city owned property on the northeast corner of Santa Rosa and
Mill Streets (shown on attached Exhibit A) will not be needed for public use and is
hereby declared "surplus.!' The future sale of this property is consistent with the
San Luis Obispo General Plan.
SECTION 2. In accordance with Federal Highway Administration Regulations,
the sale of the subject property shall be referred to the California Department of
Transportation ( CALTRANS) for appropriate action. The following conditions shall
apply to the sale of the property:
1. CALTRANS and owners of contiguous land shall enter into negotiations
for the sale of the city property. The property shall be sold only to
contiguous land owners.
2. The sale of the property to contiguous land owners is contingent upon
the approval and recordation of a final parcel map which combines the subject
property site to their land.
SECTION 3. Because of the size and location of the property, it is the City's
intent to avoid creating a "freestanding" parcel under separate ownership. If
negotiations:•with the contiguous property owners are not successful or the required
map is not approved and recorded, the subject property shall not be sold as surplus land.
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 and adopted this .15th day of July
1980.
R 4211
r t�
f
Resolution No. 4211 (1980 Series)
L
ATTEST:
CITY SOW J.H. FITZPATRICK
APPROVED:
CITY ADMEKISTR.rIVE OFFICER
i
CITY ATTORNEY
0
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RESOLUTION NO. 4210 (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 -70 (BEING PHASE I OF TRACT 827)
LOCATED AT 2785 FLORA. RON DUNIN: APPLICANT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
et-1:5�-
SECTION 1. Whereas certain findings regarding Minor Subdivision SLO -80 -70
(Phase I of Tract 827) were previously made as contained in Resolution No.
(1980 Series).
SECTION 2. This Council hereby grants approval of the Final Map of
Minor Subdivision SLO- 80 -70.
On motion of Councilwoman Billig I , seconded by Councilman Munger ,
and on the following roll call vote:.
AYES: Councilmembers Billig, Councilman Munger, Councilman Bond
NOES: None
ABSENT: Councilman Dunin and Mayor Cooper
the foregoing Resolution was passed and adopted th" 15th day of July ,
1980. "%
ATTEST:
CITY C J.H. FITZPATRICK
APPROVED:
City Admini tra a Officer
City Attorney
ity gineer
R 4210
i
g, JOHiV .
/y
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v Al
41 '4
�' ► tn(1 is � ,�t�� �an 0
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t �T
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� oq�78 � i • a
t n �
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w �
RESOLUTION NO. 4209(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR
SUBDIVISION 80-48, LOCATED AT 626 BROAD STREET-AND
651 CHORRO 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 80-48 and the Planning Commission's recommendations, staff
recommendations and reports thereon, makes the following findings:
1. The proposed parcel 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 -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 subdivision.
5.' The project is categorically exempt from ervironmental.review. requirements.
On motion•of Councilman Munger seconded by _ Councilman Bond ,
and on the following roll call vote:
AYES: Councilmembers Plunger, Bond, Billig, Dunin and Mayor Cooper.
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of
1980.
ATTEST:
Cij,aOUlerk J.H. Fitzpatrick
July ,
R 4209
Resolution No. 70209 (19L,Series)
Minor Subdivision 80-48
Page 2
APPROVED:
m nest a i e -off icer
City Attorney
Community Development Department
July 9, 1980
MEMORANDUM
MEETING AGENDA
)DATE JUL i5 '80 ITEM #
city of Sail LENS ®BiS
CITY CLERK /TREASURER
Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000
TO . Honorable Mayor and City Councilmembers
FROM J.H. Fitzpatrick, City Clerk
SUBJECT Fair Rental for City -Owned Apartments at 981 and 983 Palm Street
Since purchase of the property at the corner of Palm and Osos Streets, there
has been discussion of the fair rent of the two apartments at 981 and 983 Palm
Street in relation to other similar rentals in the downtown area.
Each of the subject apartments consist of one large bedroom, living room,
kitchen and dinette area and total about 600 square feet, with no carpeting
or furniture included. The full bath is entered from the bedroom. The city
pays for water and trash collection and the tenant pays for gas and electricity.
A survey of similar units in like physical conditions seem to rent in the area
of $250 to $275 per month. It would therefore be staff recommendation that
both apartments rent be increased to $240.per month.
981 Palm Street
983 Palm Street.
Present Rent
$135.00
110.00
ProDosed Rent
$240.00
240.00
If the Council approves the recommendation, please adopt the attached resolution
increasing the monthly rental.
JHF: LW: pv
NOTE: In discussion with the former owner, these rents have been in existence
for a long time.
f- /
RESOLUTION NO. 420 1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 915
LOCATED AT 3570 SACRAMENTO DRIVE
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION-1. That this council, after consideration of the tentative map of
Tract 915 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 typeo£•.'.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.
8. The negative declaration filed by the Community Development Director for this
project is appropriate.
SECTION 2. That the approval of the tentative map for Tract 915 be subject to
the following conditions:
1. Subdivider shall provide public utility easements along all property frontages to
the approval of affected utility companies and the,.City Engineer.
2. Final map shall contain a note which outlines land use restrictions of the existing
PG &E powerline easement, to the approval of the City Engineer and Pacific Gas and
Electric Company.
3. Final map shall show street cul -de -sac radius of 60 feet.
4. Final map shall show a Spanish or historical street name that is approved by the
Community Development Department.
R 4208
I\ '
Resolution No. 42091980 Series)
Tract 915
Page 2
5. All-lots shall „beiaddr -essed according to an addressing plan prepared by the
Community Development Department.
6. Subdivider shall install storm drainage improvements to the approval of the
City Engineer.
On motion of Councilman Munger , seconded by Mayor. Cooper ,
and on the following roll.call vote:
AYES: Councilman Munger, Mayor Cooper, Councilmembers Bond and Dunin
NOES: Councilwoman Billig
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of July, 1980
Lynn_A'_CoX er _
ATTEST:
C' Clerk J.H. Fitzpatrick
APPROVED:
City Attorney
Cit minis r t ve Officer
Community Development Department
Cit§ Engi er
9
RECORDING REQUESTED BY AND MAIL TO
NAME City Clerk's Office
City of San Luis Obispo
STREET 990 Palm Street
CITY San Luis Obispo, CA 93401
P
Wt. NO. 31LI07 �
OFFICIAL REM&
SAN LUIS OBISPO 00., CAL)
JUL l 81980
WILLIAM E. ZIMARK
COU TY RECORDER
TIME Q ®'4 5 AM
RESOLUTION N0. 4207 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO CONFIRMING SATISFACTION OF LIENS UPON REAL
PROPERTY PARCELS FOR I -TEED ABATEMENT COSTS
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Based on information provided by staff, this Council hereby confirms
the satisfaction of liens set forth in Exhibit A. Said liens were imposed for weed
abatement costs incurred by the City, recorded on September 26, 1979 at Volume 2188,
page 908.
SECTION 2. The City Clerk is directed to send a certified copy of this
Resolution to the County Recorder of the County of San Luis Obispo for confirmation
and recordation.
On motion of Councilman Dunin , seconded by Councilman Munger
and on the following roll call vote:
AYES: Councilmembers Dunin, Munger, Billig, Bond and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of July -
ATTEST:
CCLERK J.H. FITZPATRICK
. —tl
•00 H1
6000aSl
R 4207
VOL 2255POE 566
Resolution No. 4207 (1980 Series)
APPROVED:
City A "in stra ive Officer
_p
City Attorney
irector o ' ance
VOL 2255PIGE 5S?
EXHIBIT "A"
VOLUME 2188 Page 911
Pdtcel Number Name of Owner
001 - 132 -22 -00 Young CH & LW
VOLUME 2188 Page 914
003 - 656 -12 -00 Brazil LA & JL
VOLUME 2188 Page 915
004 - 583 -29 -00 Shulman, IM & R
VOLUME 2188 Page 916
004 - 761 -01 -00
Cuesta
Valley
Properties
004 - 763 -01 -00
Cuesta
Valley
Properties
004 - 765 -02 -00
Cuesta
Valley
Properties
VOLUME 2188 Page
918
004 - 963 -66 -00 Johnson Highlandsl.
VOLUME 2188 Page 919
052 - 162 -02 -00 Castro A Etal
VOLUME 2188 Page 921
053 - 241 -22 -00 Cuesta Associates
004 - 271 -28 -00 Val Vista Estates, Inc.
VOLUME 2188 Page 924
052 - 156 -11 -00 Rossi RL etal
1
Address Amt. Paid
c/o Brazil LA 10.80
2 Highland Dr
SLO 93401
2 Highland Dr 30.60
SLO, CA 93401
2236 Clearlake Dr 108.00
Santa Maria, CA 93454
1160 Marsh Ste'G 81.00
SLO, CA 93401
1160 Marsh Ste G 108.00
SLO, CA 93401
1160 Marsh Ste G 81.00
SLO, CA 93401
Box 111 A Rt. 2 27.00
SLO, CA 93401
c/o Cooley Godward Etal 108.00
1 Maritime Plaza 20th F1
San Francisco, CA 94111
945 Del Rio Rd 216.00
SLO, CA 93401
P. 0. Box 1457 10.80
Newport Beach, CA 92663
c/o Robin L. Rossi 43.20
547 Marsh Street
SLO, CA 93401
vOL 2255PIGE MR
RESOLUTION NO. 4206(1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING RENT TO BE CHARGED TENANTS AT 981
AND 983 PALM STREET.
BENT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The rent to be charged residential tenants of the City owned
property at 981 and 983 Palm Street shall be as follows:
981 Palm Street $240.00
983 Palm Street $240.00
This rental rate shall be effective September 1, 1980.
On motion of Councilman.11unger seconded by Councilwoman Billig,
and on the following roll call vote:
AYES: Councilmembers Munger, Billig, Bond, Dunin and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th
1980.
ATTEST:
40!A�
CITY
400LIM J.H. FITZPATRICK
APPROVED: i / ,
City Attorney
day of July ,
R 4206
July 9, 1980
MEMORANDUM
. MEETING AGENDA
DATE JUL 15 '60 ITEM #
C� sAn Us ® S0
CITY CLERK /TREASURER
Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000
TO . Honorable Mayor and City Councilmembers
FROM J.H. Fitzpatrick, City Clerk
SUBJECT Fair Rental for City -Owned Apartments _ at- 981_and_983_Palm Street
Since purchase of the property at the corner of Palm and Osos Streets, there
has been discussion of the fair rent of the two apartments at 981 and 983 Palm
Street in relation to other similar rentals in the downtown area. ,
Each of the subject apartments consist of one large bedroom, living room,
kitchen and dinette area and total about 600 square feet, with no carpeting
or furniture included. The full bath.is entered from the bedroom. The city
pays for water and trash collection and the tenant pays for gas and electricity.
A survey of similar units in like physical conditions seem to rent in the area
of'$250 to $275 per month. It would therefore be staff recommendation that
both apartments rent be increased. to $240 per month.
Present Rent Proposed Rent
981 Palm Street $135.00 $240.00
983 Palm Street 110.00 240.00
If the Council approves the recommendation, please adopt the attached resolution
increasing the monthly rental.
JHF : L1d: pv
NOTE: In discussion with the former owner, these rents have been in existence
for a long time.
W-00
RESOLUTION NO. (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO ADOPTING RENT TO BE CHARGED TENANTS AT 981
AND 983 PALM STREET.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The rent to be charged residential tenants of the City owned
property at 981 and 983 Palm Street shall be as follows:
981 Palm Street $240.00
983 Palm Street $240.00
This rental rate shall.be effective September 1, 1980.
On motion of seconded by
and on the following roll call vote:
AYES:
1NQ***M
ABSENT:
the foregoing Resolution was passed and adopted this day of ,
1980.
MAYOR
ATTEST:
CITY CLERK
APPROVED:
City Adm'nistrative Officer
i
City Attorney
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RESOLUTION NO. 4205 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DEREGULATING TAXICAB RATES
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Those persons, corporations, firms, or partnerships holding a
certificate of-public conveyance and necessity to operate a taxi corporation within
the City may establish, change, modify, or amend the schedule of rates to be charged
by all vehicles operated by each holder of said certificate. Any modification or
amendment to said taxi meter rates shall be posted in each vehicle in such a place
as to be in view of all passengers 30 days prior to said amended or modified rates
taking effect. All changes, modifications, or amendments to the schedule of rates
shall be filed with the City Clerk 30 days prior to such rates taking effect.
This deregulation shall be reviewed by the City Council on or before
March 1, 1981. .
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
LYNN R.
ATTEST:
CITE ARK" J.H. FITZPATRICK
APPROVED:
l
City &dEifii strative Offic
day of July , 1980.
City Attorney
R 4205
RESOLUTION NO. 4204 (1980 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO DENYING THE APPEAL OF PACIFIC WESTERN
CONSTRUCTION COMPANY AFTER REJECTION OF CLAIMS FOR
EXTRA PAYMENT FOR WORK ON THE SANTA ROSA STREET WIDENING.
PROJECT
WHEREAS, in June of 1978 City awarded a contract to Pacific Western Construction
Inc. (hereinafter referred to as "Contractor ") for the widening of Santa Rosa Street
between U. S. 101 and Monterey Street; and
WHEREAS, during the project construction certain disputes arose between the
Contractor and the City concerning Contractor's work on the project; and
WHEREAS, as a result of those disputes, Contractor made 11 claims in varying
amounts against the City for compensation under the contract; and
WHEREAS, the City Engineer denied each of the claims; and
WHEREAS, the Contractor has appealed the City Engineer's rejection to the City
Council; and
WHEREAS, Councilwoman Billig was appointed to sit as a. hearing officer to hear
Contractor's appeal; and
and
WHEREAS, the appeal hearing was held on May 8, 1980, before Councilwoman Billig;
WHEREAS, Councilwoman Billig,"by memorandum dated May 23, 1980 (attached hereto
and incorporated herein by reference) has recommended denial of each of the claims,
based on testimony and other evidence produced at the hearing;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Based on the findings and recommendations contained in Councilwoman
Billig's attached May 23, 1980, memorandum, this Council hereby denies each of the 11
claims made by the Contractor for extra payment on the work on the Santa Rosa Street
widening project.
On motion of Councilman Bond ,seconded by Councilman Munger ,
and on the following roll call vote:
R 4204
Resolution No. 4204 \ \\ \(1980 Series)
AYES: Councilmembers Bond, Munger, Biilig, Dunin and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of July ,
1980.
ATTEST:
CITY J.H. FITZPATRICR
APPROVED:
City i is a ive Officer
City Attorney
I�� I II h IIIIIiII �, I ��
city of sAn Luis oBispo
990 Palm Street • P.O. Box 321 • San Luis Obispo, CA 93406. 805/541 -1000
May 23, 1980
MEMORANDUM
To: Honorable Mayor and Members of the City Council
From: Councilwoman Melanie Billig
Subject: Recommendations following hearing on appeal of denial
of contractor's claims.for extra payment for work on
the Santa Rosa Street widening project
BACKGROUND:
In June of 1978 the City awarded a contract to Pacific Western Construction,
Inc., (hereinafter, "Contractor ") for the widening of Santa Rosa Street
between U.S. 101 and Monterey. Street. During and following the widening
work a number of disputes arose between the Contractor and either City's
representative on the job -- Cal Trans -- or the City itself. As to each
of the disputes -- eleven in all -- the Contractor made a claim against
the City for specified reasons, in each claiming a dollar amount as compen-
sation. Each of the claims was rejected by the City Engineer. Thereupon
the Contractor appealed the rejection under the terms of the .contract. The
appeal was made to the City Council, which directed the Mayor to select two
Council members to hear the appeal and report back to-the full Council,
with recommendations for the Council's.final decision on the.appeal. Two
Council members were selected to sit on the appeal board, but only one --
the undersigned -- was able to attend to conduct the hearing. The hearing
was held on May 8, 1980. Appearing to present the Contractor's position
was Tom Wiggin. Appearing to answer on behalf of the City were the City
Engineer and two representatives from Cal Trans -- Robert Scamara and
Dyer Campbell. The City Attorney was in attendance to assist the undersigned
in conducting the hearing.. The hearing was tape recorded; in addition Pam
Voges took summary notes of the proceedings.
What follows are. summaries of each claim with a recommendation for Council
action.- For your information there are also available in the Clerk's
office a number of exhibits relative to the claims, all submitted and marked
at the hearing. The City Attorney has copies of the contract documents.
THE CLAIMS:
Claim No. 1. Bid Item No. 8 in the contract covered "relocation of service
station facilities" at the corner of Monterey and Santa Rosa Streets. At
some point during work under the contract the Contractor was informed that
bid item no. 8 was to be eliminated from the contract because the owner
of the service station property had done the relocation work to meet his
own time schedule. The owner did, however, leave one small item of work
to be performed "= removal of some footing from the former station site.
Page 2
May 23, 1980
The Contractor was requested to remove the footing by issuance of change
order no. 14, estimated by Cal Trans to be a $400.00 job. The Contractor
asserts that because he was.required to do some work, however little,
which would have been required under the eliminated bid item, he.is
entitled to the profit he would have realized had the bid item not been
eliminated, a profit he estimates at $4592.00. He admits that had he
not been required to do the work under change order no. 14 he would not
be entitled to the claimed profit.
I recommend that this claim be paid in the amount of $400.00, the Cal
Trans estimate of the footing removal work. The contract clearly allows
any contract item to be eliminated. (Section 4- 1.03B(3) of the Cal Trans
Standard. Specifications) Bid item.no. 8 was duly eliminated upon notice
to the Contractor as the service station facilities were removed by a
third party;. because the work was no longer necessary, Cal Trans exercised
the discretion under the contract to eliminate the bid item, bid by the
Contractor at $7,500.00. The $400.00 Cal Trans estimate for the footing
removal.nclude a profit calculation percentage, thus the Contractor has
not been deprived of a profit on actual.work performed.
Consider, as well, that the.Contractor did not protest change order no. 14
within fifteen days, therefore, under Section 4 -1.03A of the Standard
Specifications, the payment shall be made "as set forth in the approved
contract change order and such payment shall constitute full compensation
for all work included therein or required thereby." Thus, payment need
not be allowed.
Claim No. 2. At some time during construction Contractor's heavy equip-
merit dislodged.a water lateral serving a private residence from the City
main on Santa .Rosa Street. Contractor incurred a $53.11 charge from a
local plumbing company for cleaning sediment in the residence's plumbing
caused by the dislodged lateral. Contractor claims that his method of
grading the area in front of the residence was satisfactory and, further,
that the.lateral was too close.to the surface.
Cal Trans argues that Section 10 -1.05 of the Special Provisions in per-
tinent part, absolves the.City from any responsibility for payment of
this claim; it reads . . .
The Contractor shall. ascertain the
underground main or trunk lines wh
on the plans or in the special pro
their service laterals or appurten
ground facilities which can be inf
visible facilities such as buildin
boxes prior to doing work that may
or interfere with their. service .
location of
Bence is indicated
. the location of
rred from the presence or
s, meters and junctions
damage any of such facilities
. (underscoring added)
Further, Cal Trans argues that Section 7 -1.11 is apt here. it reads,
in part:
C'
Page 3
May 23, 1980
Due care shall be exercised to avoid injury.to existing
highway improvements or facilities, utility facilities,
adjacent property, and roadside trees, shrubs and other
plants that are not to be removed . . . (underscoring added)
Based on-the two contract provisions cited by Cal Trans, I recommend
that this claim be denied. The.Contractor should have.l) ascertained
the location of the line and 2) disconnected the house lateral from
the main, both prior to grading. There.is.no statement or suggestion
in the contract provisions or..elsewhere that any .party.but the Contractor
shall be. liable for damages..and payments such as this.
Claim No. 3. During construction Contractor severed and otherwise
damaged ..some.PG &E.underground.lines. As in.the last claim, the lines
were not shown on the approved.plans.. Contractor was.forced to have
his crew "stand by" while PG &E.repaired..the lines, the stand -by cost to
Contractor estimated by him at.$118.00.. Contractor feels that the City
plans should have shown the location of the lines.. Cal. Trans points
again to-Section 10 -1.05 of the Special.Provisions which warns of the
possible.existence of underground main or trunk lines not indicated on
the plans.and to the possibility that those lines might _be.in a location
different from that which the plan indicates. In addition, Cal Trans
states that there were utility vaults visible at the location which
would lead.a reasonable contractor to inquire about:. the.possibility of
the presence in the area of lines such as those.whch were damaged.
I recommend denial of this claim,on..the.basisr:that Contractor knew or
should have known of the location of the damaged lines.
Claim No. 4. (This claim has been settled)
Claim No. 5. On January 3, 1979, Contractor was informed that the .paving
mix used on that date was satisfactory. From that report, Contractor
stated that he.assumed the mix for January 4th would be satisfactory if
the same methods and ingredients were utilized.. On.the morning of the 4th,
Contractor's.foreman,:-was informed by Cal Trans that that day's mix could
be used, but it would be subject to removal if testing at.the.batch plant
that morning disclosed inadequate material. rased on this information,
the foreman chose to shut down paving work.untl the.test results were
known. .In fact, the first batch.was rejected by the.inspector at the
batch plant(in Paso Robles),.causing an approximate..one hour delay in
the commencement of the day's paving. Contractor- claims that his crew
lost three hours of work time (7:30 AM -10:30 AM) because of Cal Trans
delays, and demands payment of $1583.70 as compensation caused by the
stand -by time costs.
Other testimony at the hearing:
1. The paving crew was at the site at 7:30 AM on January 4.
2. The first batch of material was rejected by Cal Trans; had it been
accepted, it would have been on.site in San Luis Obispo at about
9:00 AM.
\ �J
Page 4
May 23, 1980
3. As mentioned above, the time lost by the rejection was approximately
one hour.
4. Because of its nature, the sort of paving material used must be
tested on.the day it is to be laid.
5. The testing of the paving material was allowed by the Standard
Specifications. (Sections-6-1.06, 6 -3.01, 5 -1.08, 6 -3.02)
6. Testing of the day's mix was done every day at the batch plant
by Cal Trans personnel.
7. This .claim was not received. until 35 days following the alleged delay.
I recommend denial of this claim.on the grounds a) that the Standard
Specifications. (Section 9- 1.04) require submission of claims such as
this within 15 days after the event giving rise to the claim, and b)
the evidence does not reveal that the City or its representatives
caused a delay in the paving, work inconsistent with the contract
provisions.
Claim No. 6. On January 8, 1979, Contractor's foreman called in sick.
Two other Contractor employees reported to the Cal Trans official on
site and stated that they were going to be in charge..of the traffic
control (two lane closures) to facilitate work to be done that day.
The Cal. Trans official refused.to allow the two employees to proceed
with the traffic control work, citing Section 5 -1.06 of the Standard
Specifications, which requires the Contractor to designate.in writing
all authorized representatives.who shall have the authority to act for
the Contractor. The two employees mentioned were not so authorized.
At the hearing the Contractor argues that the two men.were competent
and should have been allowed-to do the traffic control work.. Cal Trans
countered that the official on site knew nothing of their qualifications
and, therefore, absent written authorization was in no position to allow
them to do work which had public safety and liability implications.
Contractor claims $370.14 employee costs for the delay caused by the
Cal Trans official.
This claim was not received until 30 days following the incident complained
of.
I recommend denial of this claim.on the grounds a) that-the Standard
Specifications (Section 9 -1.04 require.submission of claims such as this
within 15 days after the event giving rise to the claim, and b) the
evidence demonstrates that the Cal Trans official was justified in
refusing to allow the two employees to perform traffic control work.
Claim No. 7. (This claim has been settled)
Claim No. 8. At some point during construction Contractor utilized two
of his laborers as flagmen. Contractor is claiming one -half the labor
Page 5
may 23, 1980
cost ($63.82) for those flagmen services on the basis that Section 7 -1.095
of the Standard Specifications provides for equal sharing of flagmen
costs .incurred to afford the passage of public traffic through the
project. Contractor states that the.flagmen.were, indeed, necessary for
safe: passage of public traffic. Cal Trans, on the other hand, maintains
that (a) the flagmen were used simply for the convenience of the Contractor
for ease of passage of his truck, and (b) the laborers were not attired
and equipped as required by..the Standard Specifications (Section 7 -1.08)
I recommend denial of this claim on the sole basis that the men utilized
as flagmen were not properly attired and equipped to perform properly
and safely flagmen functions under the terms of the contract.
C1aim.No. 9. (This claim has been settled)
Claims No.-10 &.11. Section 10 -1.01 of the Special Provisions, reads
in pertinent part:
The first order of.work shall be to place the order for
the traffic signal control equipment. The Contractor
shall furnish the.Engineer with a statement from the
vendor that the order for said control equipment has
been-received and accepted by said vendor. (underscoring
added)
Contractor states that once the order was placed for the traffic signal
he requested Cal Trans to allow him to begin-, tearing out some concrete
sidewalks. Cal. Trans refused, stating the Section 10 -1.01 requires
not only.placing the order but also confirmation of receipt and acceptance
by the vendor., prior to any physical work on the project. On claim no.
10 Contractor claims damages of $8,047.00, a. calculation based on an
efficiency factor which recognizes damages incurred as a result of the
14 day delay between the order being placed and verification of receipt
and acceptance reaching Cal.Trans. On claim no. 11 Contractor is asking
for the return of $3,900.00 in.liquidated damages incurred at the end
of the contract work for completion.13 days beyond.the agreed upon date
(13 days at $300.00 /day); Contractor maintains that the 14 day delay
at the beginning of the work is the sole cause for the 13 day:delay
at the end.
I recommend denial of this claim. The clear sense of the "first order
of work" provision set out above is that the order for the signal equipment
be verified by the vendor. Cal Trans argues that the intent of the
provision is to assure availability of the equipment prior to moving
earth and breaking up existing structures;. allowing work.to proceed on
proof of order only could result in a nearly completed project without
an integral part, the signal lights -- a result inconsistent with a
timely end project as assumed_by the contract.
Page 6
May 23, 1980
CONCLUDING COW4ENTS
The City Attorney has.prepared a resolution consistent with the
recommendations offered here. If you are in disagreement with the
recommendations, a resolution will be prepared reflecting your decision.
Respectfully submitted,
Melani Billig
Councilwoman
1p
RESOLUTION NO. 4203 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT
BE IT RESOLVED by the Council of the City of San'Luis Obispo as follows:
SECTION 1. That this Council hereby accepts the bid and authorizes the
Mayor to sign a contract on behalf of the City for the following:
PROJECT: "FOOTHILL SEWERLINE - TASSAJARA CITY PLAN NO: D -21
TO FERRINI"
ESTIMATE: $47,142.50 BUDGET ACCOUNT.: 40 -70 -62 -733 (D -21)
BIDDER: Sierra National BID &MOUNT: $54,944.00
SECTION 2. That the City Clerk is directed to,prepare the appropriate
documents for signature by the successful bidder and the Mayor.
On motion of Councilman Bond _ seconded by Councilman 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:
CI Z J.H. FITZPATRICK
APPROVED:
22 City ini native Officer
GM
8th day of July ,
R 4203
RESOLUTION NO. 4202 (1980 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO DENYING AN APPEAL OF A DECISION OF THE
PLANNING COMMISSION TO DENY A GENERAL PLAN AMENDMENT
REQUEST TO CHANGE THE LAND USE DESIGNATION ON PROPERTY
AT BROAD STREET AND ORCUTT.ROAD FROM SERVICE
COMMERCIAL /LIGHT INDUSTRIAL TO NEIGHBORHOOD COMMERCIAL.
WHEREAS, Merrell Williams has ,applied for an,amendment to the City General Plan
to change the land use designation on property at Broad Street and Orcutt Road (see
plat, attached) from service commercial /light industrial to neighborhood commercial; and
WHEREAS, at its May 14, 1980 meeting the Planning Commission denied the
application; and
WHEREAS, Mr. Williams has appealed the Planning Commission denial to the City
Council; and
WHEREAS, on July 1, 1980, this CounciLheld a hearing on the appeal; and
WHEREAS, this Council is of the opinion that the requested amendment is in
conflict with.certain'•poiici @s: of the General Plan governing neighborhood commercial
areas.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The appeal of Merrell Williams hereinabove described is denied.
On motion of Councilwoman Billig , seconded by Councilman Bond , and
on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin and Munger
NOES: Mayor Lynn R. Cooper
ABSENT: None
the foregoing resolution was passed and adopted thi/1t day of July 1980.
IM*1 *11M
CITY J.H. FITZPATRICK
LYNN R..'000PER
R 4202
1
RESOLUTION NO. 4202 (1980 Series)
APPROVED:
City Administrative Officer /
AAA
City Attorney
-2-
- SER V/C' - COMMEKCIALIL I6H T -
(1nDUSTRUL TD NEI6HBORRCOD
ICOMhfCRCIAL
\ -
OFGUTT AO.
GP 863
' 1
RESOLUTION NO. 4201 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO A4ENDING RESOLUTION NO. ,2382 (1972 SERIES) BY
ADDING A MEMBER TO THE MASS TRANSIT COMMITTEE
WHEREAS, the City Council of the City of San Luis Obispo, by adopting
Resolution No. 2382 (1980 Series) appointed a Mass Transit Committee to
develop and oversee the city'smass transit operation and to establish
criteria and duties for the Committee, and
WHEREAS, the City Council established a seven member committee,
representing various segments of the city's population to give the Committee
a broad overview of the city's transit problem,
NOW, THEREFORE, in order to bring to the Committee a perspective
from another segment of our community not represented on the Committee,
the City Council hereby adds a representative from the handicapped community.
On motion of Mayor Cooper ,.seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Mayor Cooper, Councilmembers Billig, Bond, Dunin and Munger
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this lst day of July ,
1980.
ATTEST:
a00 �000
CITY J.H. FITZPATRICK
R 4201
I /
Resolution No. (1980 Series)
APPROVED:
City `A b�im:rst ati � e Officer
City Attorney
Public Services Director
I
RESOLUTION NO.
4200 (19 80 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY F 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: "WILSON STREET WATERLINE -
GRAND TO PARK"
ESTIMATE: $18,464.00 without contingencies
BIDDER: Fred Julien & Associates
CITY PLAN NO: D -49
BUDGET ACCOUNT: 40- 6362- 715(D -49)
BID AMOUNT: $15,431.00
SECTION 2. That the City Clerk is directed to prepare the appropriate
documents for signature by the successful bidder and the Mayor,
On motion of Councilwoman Billig , seconded by Councilman 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 1st day of July ,
1980. /1
ATTEST:
CITY FITZPATRICK
APPROVED:
City Jkm�Iniitiairivj Officer
City A rney
Fi ance Dire or
R 4200