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HomeMy WebLinkAbout4400-4449RESOLUTION NO. 4449 (1981 Seiies) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBSIPO DENYING AN APPEAL OF THE PLANNING COMMISSION TO APPROVE USE PERMIT NO. U0928 TO MOVE A HOUSE TO A NON - CONFORMING LOT AT 978 OLIVE STREET AND TO ALLOW OFF -SITE PARKING WHEREAS, by Resolution No. 1686 -81, copy attached, the Planning Commission approved Use Permit Application No. U0928, on conditions set out in that resolution; and IJHEREAS, on March 11, 1981, Lee Schultz appealed the approval of the use permit on grounds set out, in his '.'Appeal. to City Council;" copy attached; and WHEREAS, this Council has considered and incorporates by reference here (1) all materials provided in the agenda packet concerning this item for the April 7, 1981, agenda, and (2) all comments of interested parties, including but not limited to a representative of Mr. Schultz, staff and other members of the public; and WHEREAS, as a result of consideration of those materials and comments this Council finds as follows: that: (a) The proposed use as a bed and breakfast hotel is compatible with the surrounding neighborhood, some of which uses are residential (houses), motels, restaurant and.car wash; and (b) The small scale of the use proposed is consistent with the lot area and frontage; and (c) On -site and off -site parking provided meet city standards; and (d) Conditions of approval fully mitigate any potential.conflict . in land use; and (e) No facts have been presented which demonstrate that the proposed use will be detrimental to the health, safety or welfare of persons working or living in the vicinity; NOW,:THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo R 4449 j \ r\ RESOLUTION NO. 4449 (Seri s 1981) Page 2 April 9, 1981 . SECTION 1. The appeal described hereinabove is denied. SECTION 2. Planning Commission Resolution No. 1686 -81 is ratified and adopted by this Council, Use Permit No. U0928 is approved, and all conditions of approval contained therein shall apply provided, however, that compliance with condition No. 1, but only insofar as it requires final map approval, shall be excused. Provided further that two additional conditions hereby are imposed, to wit: (a) Occupancy by any person of any room in the hotel shall be limited to 30 consecutive days; and (b) A landscape plan shall be prepared for review and approval by the Architectural Review Commission. On motion of Councilman Bond, seconded by Councilman Settle, and on the following roll call vote: AYES: Councilmembers Bond, Settle, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of April, 1981. MAYOR LANIE BILLIG ATTEST: _4z //zev-5 ACTING &TY CL OGES APPROVED: City Attorney. ZCT�e64 ZOV�� Community D elopment rector R SAN LUIS OBISPO CITY PLANNING COMMISSION 41 RESOLUTION NO. 1686 -81 WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a Public Hearing in the Council Chamber of the San Luis Obispo City Hall, San Luis Obispo, California, on March 11, 1981, pursuant to a proceeding instituted under Application No. U0928 by Robert W. Strong. USE PERMIT REQUESTED: To move a house to a non- conforming lot and to allow off—site parking. PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall GENERAL LOCATION: 978 Olive Street PRESENT ZONE: C —T (Tourist — Commercial) WHEREAS, said commission as a result of its inspections, inves t-igat ions, and studies made by itself, and in behalf, and of testimonies offered at said hearing, has established existence of the following circumstances: 1. The proposed use will not be detrimental to the health, safety and welfare of persons living or working in the area. 2. The use is appropriate at the proposed location, and will be compatible with surrounding land uses. 3. The proposed use conforms to the general plan. 4. The proposed use meets zoning ordinance requirements. 5. The proposed use is granted a negative declaration on environmental impact. NOW, THEREFORE, BE IT RESOLVED that application No. U0928 be approved subject to the following conditions: �y .c: _ city of son leis OBISPC Y ... 990 PALM ST. • P.O. BOX 327 •SAN LUIS OBISPO, CA 93406 • 805 /541 -1OD0 AMAL TO CITY COMICIL In accordance with the appeals procedure as authorized by Article I, Chapter 4 of the San Luis Obispo Municipal Code, the undersigned hereby appeals from the decision of San Luis Obispo Planning Commission rendered on March 11, 1981 , which decision consisted of the following: (Set forth factual situation. Use additional sheets as needed.) Use Permit No. U0928. To move a house to a non-c mforming lot and to allow off -site parking. House to be converted to a Bed & Breakfast Inrr.: The grounds submitted for this appeal are as follows: (Set forth grounds. Use additional sheets as needed.) (See attached) G , F , The undersigned discussed the decision being appealed from with: on Department Head(s) Involve Appealing Party: Name: A ess: age TeZeahone ! ii## rtrtR#f##!#!# rtRrtRRRRrtrtrt#### rt# rtii # # #i! # # #! # #!!! # #!rt #rti #rt # # #Rrt Rrtrt R! # #rt Calendar %ed for hearing on: Original for City CZerk 'J /'? P/ Copy for City Attorney 7 ate Copy for City Aoministrative Officer Copy for the fclZoa:ing departments: City lerk //— C/ y I u rr t. The undersigned discussed the decision being appealed from with: on Department Head(s) Involve Appealing Party: Name: A ess: age TeZeahone ! ii## rtrtR#f##!#!# rtRrtRRRRrtrtrt#### rt# rtii # # #i! # # #! # #!!! # #!rt #rti #rt # # #Rrt Rrtrt R! # #rt Calendar %ed for hearing on: Original for City CZerk 'J /'? P/ Copy for City Attorney 7 ate Copy for City Aoministrative Officer Copy for the fclZoa:ing departments: City lerk //— C/ y I � I object to the approval of use permit application No. U0928 on the following grounds: The project does not meet some of the requirements as outlined in the Zoning Regulations Section 9200.31. More specifically, the property does'not encompass 20,000 sq. ft. as required for Hotels and Motels in the Tourist - C onmercial zones. After final abandonment of the Olive Street right -of -way has occurred, the property at 978 Olive Street will have an area of 5,475 sq. ft., less than 30% of the required area. Even with the additional space leased . for parking, the total area is only 7,665.sq. ft., less than 40% of the required 20,000 sq. ft. Nor does the property meet the minimum width requirement of 100 ft. Further, the project proposed for this property does not meet the standards for parking as outlined in the Zoining Regulations. ftM Section 9200.16.1 describes minimum parking space dimensions for commercial parking lots as 9 feet by 20 feet with a minimum backing space requirement of 24 ft. There is a provision to reduce the minimum backing area to 22 ft. by using a wider parking space. The proposed project plans show parking space dimensions of 11 feet by 18 feet with a backing space of 20 feet, 2 feet shorter than the space required. Lengthening the parking spaces to the required 20 feet will leave a backing space of only 18 feet, a full 4 feet short of the minimum'-required. It is my opinion that allaying this sub - standard parking plan will result in a dangerous situation with vehicles backing into traffic on Olive Street. This is particularly hazardous as Olive Street is the access to Highway 101 for Highway 1, with both on and off ramps at the end of the street. ;Z� ° L chultz ,N, RESOLUTION NO. 4448 (1981 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO REPEALING RESOLUTIONS NO. 4383, 4384, 4385, 4386, 4387; AND 4388 AFTER CONSIDERATION OF A REFERENDUM PETITION PROTESTING ADOPTION OF THOSE RESOLUTIONS WHEREAS, this Council has considered a Referendum Petition protesting the adoption of Resolutions No. 4383, 4384, 4385, 4386, 4387 and 4388, and said petition being certified by the City Clerk as having been signed by not less than 10 percent of the registered voters of the City of San Luis Obispo. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolutions No. 4383, 4384, 4385, 4386, 4387 and 4388 are hereby repealed. On motion of Councilman Settle , seconded by Councilman Dunin_ and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 7th day of April, 1981. s City ministrati "Officer City Attorney R 4.448 RESOLUTION NO. 4447 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO CROSSING GUARD MOLLY LOPEZ FOR HER DEDICATED SERVICE TO THE CITY OF SAN LUIS OBISPO AND ITS CITIZENS. WHEREAS, Molly Lopez served the City faithfully as a school crossing guard for many years and in so doing helped to protect our most valuable resource, our children; and WHEREAS, Molly Lopez brought to each of her duties a high degree of loyalty and dedication; and WHEREAS, Molly Lopez continually exhibited a rare ability to remain on friendly terms with all parties while carrying out difficult and demanding duties; and WHEREAS, Molly Lopez passed away while on duty on March 25, 1981, leaving an emptiness in the hearts of those employees and children who know her. NOW, THEREFORE, BE IT RESOLVED that this City Council wishes to express its gratitude and appreciation in memory of Crossing Guard Molly Lopez for the many services she has performed and the example she has set for our youth and the citizens of this community. On motion of Councilman Settle and on the following roll call vote: , seconded by Councilman Dunin, , AYES: Councilmembers Settle, Dunin, Bond and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 7th day of April , 1981. Resolution No. 44471 Page 2 (1981 Series) - APPROVED: C dministrative Offi er City Attorney „�A . f ,---N r R,LUTION NO. 4446 (19 81 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: Signal Control Upgrading, South. Higuera, South, and Madonna ESTIMATE: $22,238.00 + $2,573.00 (Cont. & Eng. Fees) = $24,811.70 BIDDER: Lee Wilson Electric Company CITY PLAN NO: B -11 BUDGET ACCOUNT: 23- 4871 -Bll BID AMOUNT: $23,195.00 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 Settle seconded by Councilman Dunin and_ on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of April , 1981. 0 APPROVED: City Administrative Officer &d 4"Amw A/t/ City ALE Fin anc irecto R 4446 11�-:64• Ri._.LUTION NO. 4445 (19 81 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: City Council Chamber Public - Address Sound System ESTIMATE: $10,000 + $1,400 (Cont. and Eng. Fees) = $11,400 BIDDER: The Music Factory CITY PLAN NO: D -60B BUDGET ACCOUNT: 30- 2862 -701 BID AMOUNT: $8,328.89 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 Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of April , 19 81. ATTEST: ACTIN CITY CLERK am Voges APPROVED: /A9;W—City Administrative Officer 4/�,l•�r City Atto F na tor R 4445 RE >_LUTION NO. 4444 (19 81 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: City Council Chamber Remodeling ESTIMATE: $12,000 + $1,600 (Cont. and Eng. Fees) = $13,600 BIDDER: Tara Construction CITY PLAN NO: D -60A BUDGET ACCOUNT: 30- 2862 -701 BID AMOUNT: $11,023.00 . 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 Settle seconded by Councilman Dunin , and on the following roll call vote AYES: Councilmembers Settle, Dunin, Bond, and Mayor Billig NOES: None ABSENT: Absent the foregoing Resolution was passed and adopted this 7th day of April , 19 81. APPROVED: City Administrative Officer City Attorney Finan Director R 4444 . RESOLUTION NO. 4443 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING ADDITIONAL REVENUE SHARING FUNDS FOR THE COUNCIL CHAMBERS REMODELING WHEREAS an additional $18,000 is required to cover construction and contingencies on the Council Chamber Remodeling Projects; and WHEREAS up to 25 percent of the current year revenue sharing budget may be appropriated or reappropriated without public hearing; and WHEREAS 25 percent of the current year revenue sharing budget is $56,250; and WHEREAS $6,000 additional revenue sharing funds have already been appro- priated during the current year; BE IT RESOLVED by the Council of the City of San Luis Obispo to make the following appropriation of revenue sharing funds: Account Number Account Amount 30- 2862 -701 Council Chambers Remodel $18,000 On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 7th day of April 1981. ATTEST: J.*w /0 -" ' - ACT NG CITY RR t06tfl VOGES R 4443 J RESOLUTION 140. 4443 (1981 Series) APPROVED: ��� Ci y Ad istrative Officer -C city gttornLftf inance Director i" gineer RESOLUTION NO. 4442 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING CURB AND GUTTER, SIDEWALK, AND DRIVEWAY RAMP IMPROVEMENTS ON PORTIONS OF VARIOUS STREETS IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the Council hereby preliminarily determines that the,public interest, necessity and convenience require the construction of curb and gutter, sidewalk and driveway ramp improvements on those portions of streets within the City of San Luis Obispo as set forth on Exhibit "A" attached hereto and incorporated by reference. 2. That May 5, 1981, . at 7:05 P.M. in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for public hearing on said matter, and notice thereof shall be published twice in the Telegram— Tribune, a newspaper of general circulation in said City; the first publication to be at least twenty days prior to said hearing. Copies of said notice shall be posted in accordance with the requirements of Municipal Code Section 7350.1(b). 3. That subject to any modifications or exceptions declared by the Council at the close of said hearing, said parcels shall be so improved by the property owner, or the City Engineer shall proceed to have the work done and the cost thereof shall be made a lien against the property in accordance with Sections 7350 et seq. of the San Luis Obispo Municipal code. R 4442 Resolution No. 4442 (1981 Series) On motion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond and Billig NOES: None ABSENT: One Vacancy the following resolution was passed and adopted this 7th day of April 1981. ATTEST: " la //,", < ACTINGCI CLERK P-AIMELA V G City Administrative Officer City Attorney Public Services Director inance Dire r IL EXHIBIT "A" NOTE: C = Curb & Gutter S = Sidewalk R = Driveway Ramp IMPROVEMENTS OWNER LOCATION PARCEL NO. REQUIRED E.E. & S.S. Draves 305 Ramona Drive 52- 142 -42 C,S R.H. Blair 351 Ramona Drive 52- 142 -12 S K.E. Fauset Estate 15 Santa Rosa Street 52- 147 -27 S C.A. Maino Trust 894 Murray (Santa Rosa side) 1- 021 -14 S M. Jones 1132 Olive Street 1- 114 -14 C,S,R J.H. & P.A. Benner 1134 Olive Street 1- 114 -15 C,S,R G. & K. Fukunaga 1148 Olive Street 1- 114 -16 C,S,R G.N. & E.L. Holdgrafer Etal 11311 1149, 1165 Olive Street 1- 206 -12 C,S,R K.R. & R.J. Malek 1106 Walnut Street 1- 207 -14 C,S,R S.H. & A.D. Nelson 1130 Walnut Street 1- 207 -09 Repairs W.H. & C.P. Brown 1150/1162 Walnut also Toro Side 1- 207 -15 C,S,R R.F. Garner 636 Toro Street 1 -211 -03 C,S,R S.O. & E.A. Frye 1324 Phillips Lane 1- 124 -10 C,S,R F. & D.D. McKee 1376 Phillips Lane 1- 124 -13 C,S,R N.J. Scott 1396 Phillips Lane 1- 124 -14 C'S J RESOLUTION NO. 4441 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUIRING SIDEWALK IMPROVE- MENTS ON PORTIONS OF CAPITOLIO AND SACRAMENTO STREETS IN THE CITY OF SAN LUIS OBISPO. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the Council hereby preliminarily determines that the public interest, necessity and convenience require the construction of curb and gutter, sidewalk and driveway ramp improvements on those portions of streets within the City of San Luis Obispo as set forth on Exhibit "A" attached hereto and incorporated by reference. 2. That May 5, 1981; at 7:00 -P.M. in the Council Chambers of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for public hearing on said matter, and notice thereof shall be published twice in the Telegram- Tribune, a newspaper of general circulation in said City; the first publication to be at least twenty days prior to said hearing. Copies of said notice shall be posted in accordance with the requirements of Municipal Code Section 7350..1(b). 3. That subject to any modifications or exceptions declared by the Council at the close of said hearing, said parcels shall be so improved by the property owner, or the City Engineer shall proceed to have the work done and the cost thereof shall be made 'lien against the property in accordance with Sections 7350 et seq. of the San Luis Obispo Municipal Code. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond and Mayor Billig NOES: None ABSENT: One Vacancy R 4441 4 , Resolution No. 4441 (1981 Series) the following resolution was passed and adopted this 7th day of April 1981. ATTEST: '01' A /, //', .q ACTING I Y C ERK P ES APPROVED: Ci ini t "tive Officer ty Attorney Public Services Director' ol finance rector . „I r EXHIBIT "A” IMPROVEMENTS OWNER LOCATION PARCEL NO. REQUIRED Sturgeon, V.L. Distributors 3560 Sacramento Dr. 53- 062 -29 Sidewalk Dodd, R.R. $ M.E. c/o Dodd Enterprises 3540 Sacramento Dr. 53- 062 -11' Sidewalk Dardanella 805 Capitolio Way Leasing Co. (also Sacramento side) 53- 062 -10 Sidewalk Pietz, J. $ L. 825 Capitolio Way 53- 062 -28 Sidewalk Gallagher, A.R., Etal 835 Capitolio Way 53- 062 -14 Sidewalk West Pac Warehouse Attn: Mr. Yankton 845 Capitolio Way 53- 062 -15 Sidewalk Hillmann, E.E., Etal 855 Capitolio Way 53- 062 -30 Sidewalk Burke, R.E. 865 Capitolio Way 53- 062 -31 Sidewalk Berryhill, T.L. $ L.B. 875 Capitolio Way 53- 062 -18 Sidewalk Cowgill, G.H., Etal 850 Capitolio Way 53- 062 -32 Sidewalk Concord Housing Corp. 840 Capitolio Way 53- 062 -22 Sidewalk Crouter, V.A. & M.J. 830 Capitolio Way 53- 062 -23 Sidewalk Kaney, J.M., Etal 820 Capitolio Way 53- 062 -24 Sidewalk Sheets, G. 3490 Sacramento Dr.. (also Capitolio Way side) 53- 062 -25 Sidewalk Dewar, J.B., Jr., Etal 3482 Sacramento Dr. 53- 062 -26 Sidewalk RESOLUTION NO. 4440 (1981 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO URGING CONGRESSMAN MORRIS UDALL AND THE NUCLEAR REGULATORY COMMISSION TO TAKE CARE IN PROTECTING LOCAL RESIDENTS FROM NUCLEAR ACCIDENT WHEREAS, Pacific Gas and Electric Company has appealed the Atomic Safety and Licensing Board's decision to hold a low power testing hearing; and. WHEREAS, The Nuclear Regulatory Commission has proposed new rules to Congress that would speed up nuclear reactor licensing by denying intervenors the right to discovery and by issuing Interim Licenses before all safety issues are resolved; and WHEREAS, There are still outstanding safety issues with Diablo Canyon Nuclear Power Plant. These still unresolved issues are: 1. The plants ability to withstand any earthquake on the Hosgri fault, 2. An adequate security or anti - terrorist plan, 3. A workable evacuation plan for the County of San Luis Obispo; and WHEREAS, Congressman Morris Udall is convening hearings April 9, 1981, on "Public Input in NRC Proceeding" and the new proposed Nuclear Regulatory Commission rule changes; and WHEREAS, The Nuclear Regulatory Commission has the moral and legal responsibility to protect the public, especially local citizens who will be most affected by an operating nuclear plant; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Section 1. The City Council of San Luis Obispo urges Congressman Udall and the Nuclear Regulatory Commission to take the greatest possible care R 4440 Resolution No. 4440 (._ A Series) V and concern in protecting the citizens of San Luis Obispo and the sur- rounding cities -- those people who would be most affected by an accident at Diablo Canyon Nuclear Power Plant., Section 2. The City Council of San Luis Obispo urges that there be a low power testing hearing as scheduled and that no license be granted for Diablo Canyon before all safety issues are fully resolved. Section 3. The City Clerk is directed to -send a telegram conveying the message carried in this resolution to: Hon. Morris Udall Chairman, Subcommittee on Energy & Environment 1327 Longworth House Office Bldg. Washington D.C. 20215, And to send copies of that telegram to: Mr. Joseph Hendrie U..S. Nuclear Regulatory Commission 1717 "H" Street, N.W. Washington D.C. 20555 and President Ronald Reagan White House Washington D.C. 20500 On motion of Councilman Settle, seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Settle, Bond and Mayor Billig NOES: Councilman Dunin ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 7th day of April , 1981_ Resolution No. 4440 (1981 Series) APPROVED: City Adm' rative Officer /wle City Attorney RESOLUTION NO. 4439 (1981 Seri - ) /"d A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT NO. 2 BETWEEN THE CITY AND EMLYN G. JONES TO ORGANIZE, PROMOTE AND MAINTAIN A PROGRAM KNOWN AS LANDLORD TENANT INSPECTION SERVICES FROM MAY 1, 1981 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 Exhibt "A" and incorporated herein by reference, between the City of San Luis Obispo and Emlyn G. Jones 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: Emlyn G. Jones; Human Relations Commission; City Finance Director On Motion of Councilman Settle .,seconded by Councilman Dunin , and on the following'roll call vote: AYES: Councilmembers Settle, Dunin, Bond and Mayor Billig NOES: None ABSENT: One Vacancy the forgoing Resolution was passed and adopted this 7th day of .April 1981. MAYOR LANIE C. BILLIG� ATTEST: ACTING CITY CLERK OK VMES APPROVED: CITY'Admilil9trafive Officer City At Finance irector R 4439 AGREEMENT LANDLORD /TENANT INSPECTION SERVICE - FSYN G. JONES - AGREEMENT NO. 2 THIS AGREEMENT, is by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City ") and EMLYN G. JONES, independent contractor providing consulting services (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, Consultant has the expertise to organize, promote and maintain a program known as Landlord /Tenant Inspection Services (L.T.I.S.) and WHEREAS, Consultant has successfully performed L.T.I.S. services under an agreement which term expires on Apri1.30, 1981, and WHEREAS, the City desires again to employ Consultant as an independent contractor to provide certain services not currently performed by City employees or available within City services NOW, THEREFORE, City and Consultant for in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Commencing May 1, 1981, Consultant agrees to provide services to the City as directed by the Human Relations Commission program coordinator. Said services shall continue through June 30, 1981, providing, however., that either party may terminate this agreement by two weeks written notice to the other party. 2.. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereunder Con- sultant, 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. City agrees to provide office space and supplies necessary for per- formance under this agreement, subject to purchase authorization by the City. All supervision and direction necessary shall be provided by the Human Relations Commission program coordinator and by the human Relations Commission of the City of San Luis Obispo. 4. City agrees to pay Consultant at the rate of $8.00 per hour for actual hours worked; provided, however, in no event will total compensation to the. Consultant exceed the sum of $2,500.00. Compensation to the Consultant shall be made payable in accordance with regular City payment procedures or as determined.by the City Administrative..Officer is his sole discretion. Con- sultant shall transmit a monthly statement of the services provided prior to payment stating hours worked and giving full particulars as to clients and services. Such statement shall be submitted to the Human Relations Commission program coordinator. Consultant shall not accrue vacation, sick leave, or other similar benefits including unemployment insurance and medical insurance benefits available to regular city employees. 5. Consultant agrees to use his best efforts to organize, promote and maintain a program to be known as the Landlord /Tenant.Insp.ection Services (L.T.I.S.) Said program shall be a service made available to the tenants and landlords in the City of San Luis Obispo. Such services will consist of, but not be limited to, an inspection of rental premises upon the request of either a landlord or a tenant and the preparation of a report setting forth the con- ditions found to be present in said premises. Consultant agrees to work within such guidelines as may be set forth from time to time by the Human Relations Commission of the City of San Luis Obispo and by the Human Relations Commission program coordinator. 6. This is an agreement for personal services and.is not assignable without the prior written consent of the City. 7. For purposes of notice under this agreement, all notices shall be con- sidered effective upon being sent by certified U.S. Mail to the following addresses: da.' CITY: CITY CLERK City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 CONSULTANT: EMLYN G. JONES Human Relations Commission P.O. Box 321 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on this 7th day of April ,1981. ATTEST: CONSULTANT EMLYN G. JONES '-�l //j5n�-5' ACTIjb CITY CL RK 7ArrVOGES -3- i RESOLUTION NO. 4438 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A GRANT APPLICATION FOR PROJECT AWARD UNDER TITLE III OF THE OLDER AMERICANS ACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby approves the "Application for Project Award under Title III of the Older Americans Act," attached hereto as Exhibit A and incorporated herein by this reference. SECTION 2. The Council authorizes and directs the City Administrative Officer, or his designated representative, to forward the Application to the appropriate federal and state agencies. On motion of Councilman Bond , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Bond, Settle, Dunin and Mayor Billig NOES: None I ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 7th day of April 1981. `~ inn n _ n v+,%- ^n ATTEST: 14 ACT G CITY CLERK-P7LA VOGES APPROVED: City Affininis"t/raatt)ii'vee Oflf �_r City Clante ct R 4438 l • 1 1 � TERMS AND C &DITI OIS: It is understood and agreed by the.AppZicant Agency that: Z) funds awarded as a result of this. request are to be expended for the purposes set forth herein and in accordance w, th all applicable lawn, regulations, policies and procedures of the Area Agency, the California Department of Aging and the A dministration an Aging; U.S. Department of iieaZth and ilumrvi.Services, 2) any proposed changes in the proposal as approved will be submitted in writing by the Applicant and upon notification of approval by the Area A gency shaZI be deemed incorporated into and become a >art of this agreement; 3) the attached A ssurance of Compliance mil: the DiRS Regulation issued pursuant to Title VI of the C ivil Rights A ct of 1964 applies to this proposal as approved; and, 4) funds awarded by the Area A(,�ency may be terminated at any time for violations of any terms and conditions and requirement8 of this agreement. NOTE: Title ILI B Funds are directed to 60 and over only: - rvin APPLICATION FOR PROJECT AWARD UNDER TITLE I.II OF THE OLDER AMERICANS ACT SECTION I FACE SHEET lation of persons age I.A. TITLE OF PROJECT: COMBINED SENIOR SERVICES I.B. SERVICES TO BE PROVIDED: 1. IN HOME SERVICES 4 2. INFORKLTION & REFERRAL 5. 3. LEGAL SERVICES 6• 2.A. TYPE OF APPLICATION- - 2.B. DATES From Throw h New Q Revision OF Q Continuation 0 Supplement PljOJECT July 1, 1981 June -30, 1982 If Continuation, give start date of first PERIOD - N/A _contract: 3. APPLICANT AGENCY Name, Street:, 4. PROJECT DIRECTOR Name, Title, City, State, Zip, Telephone): Street, City, State, Zip, Telephone): City of San Luis Obispo Lee 1-knl:ton.,Administrative Officer P.O. Box 321 City of San Luis Obispo San Luis Obispo,Califomia_93406 P.O. Box 321 San Luis Obi s o Ca. 93406 805 5411000 �5. TYPE OF AGENCY Public Agency .,=Private Non - Profit Date of Incorporation Private for Profit Corporation Number Include:Incorporation Papers in Appendix. !6. PROPOSED Non -Fed. Project { OPERATING BUDGET Title III Match Income. the Total. f FOR PROJECT PERIOD: $ 46,580 $ 4,658 $ == - -- $ 7. NAME, TITLE, ADDRESS OF OFFICIAL 8. PAYEE (Specify to whom checks AUTHORIZED TO SIGN FOR APPLICANT should be marled - name, AGENCY: title, address): Lee Walton, Administrative Officer Lee Walton, Administrative Officer City of San Luis Obispo City of San Luis Obispo P.O. Box. 321 P.O. Box 321, San Luis Obispo,CA. 93406 San Luis Obispo,CA 93406 805 541 1000 9. SIGNATURE OF PERSON NAMED IN ITEM 7: - rlarch 13,1981 t-N rr /1 Date a � Required: 15 copies of the application and budget 3 copies of the attachments Revised 2/81 J 1 i Please limit comments to space provided. SECTION II CHARACTERISTICS Of PROJECT SERVICE AREA (Describe here the geographic area to be served. Include those special characteris- tics of persons who may be isolated; handicapped, of ethnic minority, frail and /or those in greatest economic and social need.) The entire area of San Luis Obispo County will be served. (�Iap attached) Special Characteristics & Areas of emphasis include the following: 1. Special effort to reach elders in the areas of Carabria,Ilipomo, and San I'liguel who are isolated without adequate public transportation and who have to pay a toll charge to telephone for service outside their home areas. 2. Provide I & R service to those frail elders in the remote areas along with friendly visitor from the local community. to assist in solving problems. 3. Advise the ethnic minorities and frail elderly persons in the area as to theirl solutions on housing problems, available transportation, home delivered j( meals and other available services to include emer ency services. 4, M ke public agencies aware of the nuriber of isolated frail seniors in the i -emctc areas and encourage the public agencies to become active in the support of such people with needed assistance. 5. Encourage the elders in remote areas to become active and provide assistance to their peer group neighbors. include map in attachment SECTION III PT:OCRAMS AND NEEDS APPP.A:SA± (This section addresses 1) what is, and 2) whz.t needs'to be.) A. Current existing services (Describe those services that now exist in the community relative to this project. CURI=•IT SERVICES Half -trine I & R through EOC which expires in June Senior Services through Grass Roots II, which serves San Luis Obispo,AVila, Los Csos /Bay:,Tood Park only and overlaps .somewhat V&th EOC I & R. H.U.S.Ii. ispartially operational and in dire need of funds. Fragmented programs by a number of services. PROPOSAL CaMme funding and services through a voluntary network so as to obtain maximum assistance for minimum funds by involving retiree groups and senior organizations in a united effort to reach all elders who need assistance in the entire county. B. Unmet needs (Describe the unmet needs /service caps that exist notwithstanding current services.) 1. I & R Service is part -time and fragmented. 2. Many seniors in remote areas not reached because of limited services. 3. Little or no education & training of responsible retiree groups & Senior Gns, 4. No coordination of services.. 5. Too many chiefs and not enough Indians. SECTION IV PROJECT EMPHASIS (This.section is divided into two (2) parts and concentrates on how your agency proposes to meet the identified unmet needs.) A. Description of Project - A general overview (Describe what your project is going to do.) Basic objective - Involve responsible retirees and elders in a coordin ted effort to serve their peer group to the maximum with :ainimun Hinds. G; MAL ACTIVITILS 1.3ducation., training and involvement of responsible seniors in an active progr,2 of assistance to others. 2.Active participation of seniors in service to frail elders in each individual community. 3. Provide recognition and reasorable e:epenses to those-active retirees who serve in the program, SPECIM C ACTITE -TIES: 1. Schedule legal assistance at dispersed senior centers and classes on legal ratters of concern to seniors. 2. Provide volunteers for In home support services in all areas of need: 3. Provide I & R on a local basis from person to person. 4. Press for more assistance from county and state by,proper use of media to express needs and problems. 5. Provide a volunteer leader in North County,7 North Coast San Irais Obispo and South County frith emergency phone number for response to' emergencies at all times. 6. Provide central office for control and coordination. S. Specifics of-Project (For parts B, (1) and (2) the term "unduplicated senior" is defined as: a per - son 60 years of age or older who has participated in the service(s) provided during the specified period. An unduplicated person may be counted only once . during the specified period regardless of how many times he /she may have par- ticipated in the - program.) B(1). Project Components (List and give a description of the components that make up the total project and estimate the number of unduplicated persons to be served each quarter.) List and define project service components = of unduplicated persons to be -served each cuarter Ia home services + 48 I & R ` 800 Legal Service 108 Quarterly Total 5 j -3- B(2). Identification of Seniors Receiving Services (Estimate the number of unduplicated persons in each of the identified groups below who will receive services through the proposed protect period and the hours and days they will be served..) American Indian /Native Alaskan # 5 Asian /Pacific Islander 2 Black, not Hispanic Origin k 120 Hispanic # 382 otal Minority SGT. ther Than Above r 3 1-� otal Unduplicated Older Persons .ow Income W Hours and Days Service(s) Provided: Central Office to be open from 9:00 A.'_1. to 4:00 P.. 2•?onday through Friday. Area senior leaders to have designated phones faith ansmaring, machine -inhere calls can be responded to at all times B(3). Project Management Components (list all project personnel and asterisk all Title III personnel.) fing ion Source of Su ort Personnel in Positions Paid. Volunteer A46 Sex Race M74 X TO BE. D TERN NED er 3 Area Volunteer Leaders X " ° n (include job descriptions in attachment packet) To be submitted ,fLth final proposal B(4). Training Plan (Should include who will be trained,,how they will be trained and when the training will take place.) Advisory Council, Staff and area leaders will meet monthly for training for a period of three hours. Speakers and seminar leaders -mill be brought in from Social Security, AAA, Social Services, Hospice, Legal consultant, media, business corumznity and public agencies. B {5). Relationship to Others (Describe current and proposed linkages under agreement with other agencies, programs, etc., such as county agencies, city departments and private agencies.) tracted Relationships: No contract relationships-,-at this time. rmal Relationships: None Informal Relationships: Other cities, C&mty, Aiedicare, Medi -Cal, Social Services, Social Security, Health Services, Educational institutions, Retiree Groups, Senior 0rganizations, etc. -4- 0 B(6). Fiscal Management (Describe the fiscal management procedures to be used. If fiscal manage= ment is to be performed by other than program staff, identify outside provider.) Indicate (x) yes or no for each of the following.: Yes No a. A.detailed budget of public support revenue and expenses is adopted officially each year by the agency's governng body. - X b. Variances from budgeted expenses are analyzed on X a systematic basis. c. The agency uses functional budgeting and account- ing procedures that are consistent with the standards set up by the funding source. X d. The agency maintains a satisfactory set of financial records which are reviewed annually X by an independent examiner. _ e. There is adequate insurance coverage, including workmen's compensation insurance, insurance for fire and water damage, public liability insurance on motor vehicles, and, when appropriate, pro- vision for health and accident insurance for service users. X f. The agency has a $500,000 general comprehensive liability insurance policy which covers entire X project. g. All employees who handle funds are bonded. X h. Agency practice allows the financial partici- pation of persons served, through fees and/ or dues, and other,.through donations and g sustaining memberships. _ — i. Agency practice encourages the seeking of alternative financial resources. X j. All necessary licenses and permits are currerrt and valid. X If you checked "no" in any of the above, please explain: }T /l1 8(7). Plan For Increasing Public Funding Support (Describe briefly your plan for soliciting funding, other than III B, and from what source.) lIt is oxpected that our modal program wiU attract financial support from. County, other cities in the coarity3 and commercial firms after our one year of operation. Also, we expect support iron various retiree organizations which represent more than 2,000 retired persons in this county. Retiree groups represent for.-nr federal e=loyeas, former state employees, teachers and 1 j t2_= '.-le tail l have all represented on our ad-risory board during first year. -5- BUDGET DEFINITIONS A. Access Services - Cost incurred for the following activities which bring services to people or bring people to services: Tran- sportation-, outreach, information and referral. B. In -Home Services — Costs incurred for any service that is delivered to the elderly person in his or her residence, and which is designed to assist that individual to continue living inde- pendently. DO NOT INCLUDE home delivery of meals covered under Title III Part C Subpart 2. In -Home Services include costs for homemaker and home health aides, visiting and tele- phone reassurance, and chore maintenance. C. Legal Services - Costs incurred for activities which provide legal advice and representation by an attorney (including to the ..extent feasible, counseling or other appropriate assistance .by a para -legal or law student under the supervision of an attorney) and including counseling or representation by a nonlawyer where permitted by law, to older individuals with economic or social needs. D. Comnunit�Services - All Other - Any costs incurred for community based services that are not included in.the categories described for Part B (excluding Title II.I -C congregate meals). This may also include costs incurred by Senior Centers for technical and professional staff. E. Seryices.in Care. Facilities - Costs incurred for the following services provided to residents of care providing facilities: casework, counseling, placement and relocation assistance, group services and visiting. F. Senior Center Facilities - Costs incurred for the acquisition (in fee . simple or by lease for ten years or more), alteration, or reno- vation of existing facilities and construction of new facilities in any area in which there are no suitable structures available, to serve as multipurpose senior centers. Do not include staffiny Column D, Community Services - All other). G. Nursing Home Ombudsman - Any cost incurred for activities related to advocacy and long -term care facilities. Included should be costs to: 1. Investigate and resolve complaints made by or on behalf of older individuals who are residents of long-term care facilities relating to administrative action which may adversely affect the health, safety, welfare, and rights of such residents; 2. Monitor the development and implementation of Federal, State, and local laws, regulations, and policies with respect to long -term care facilities in California; 3. 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L •r 4-1 aJ a) U ed N a) +••1 O C ra L r N Y S- a) O Cl o V > > N m N a) X a eo > u C 1 m D o ra Q ] F- 1— Q J C.7 N F— F— Z Q J a Z O Q U O J J • Q W W F- Z C7 C) 0 } lL O 0 U Q O Z W N V RESOLUTION NO. 443X.1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -155 LOCATED AT 920, 950 AND 978 OLIVE STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 80 -155 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the C -T zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 proposed parcel map is categorically exempt from environmental requirements. SECTION 2. That the .approval of the tentative map for Minor Subdivision 80 -155 be subject to the following conditions: 1. Final map shall be recorded concurrently with the abandonment of Olive Street right -of -way. 2. Subdivider shall grant to the city a creek easement from Stenner Creek 5 feet beyond the top of the bank, to maintain the creek in its present condition and to permit improvements to the creek. Determination of the easement shall be based on a field survey and cross sections of the creek as required by the City Engineer. R 4437 Resolution No. 443X1981 Series) Minor Subdivision 80 -155 Page 2 3. Subdivider shall install an underground drain and dedicate easement for same from Olive Street to Stenner Creek to the approval of the City Engineer. 4. Subdivider shall provide all weather 12 ft. access in an easement dedicated to the city from Olive Street to Stenner Creek to the satisfaction of the Public Services Director. On motion of Councilman Settle , seconded by Mayor Billie , and on the following roll call vote: AYES: Councilman Settle, Mayor Billig, Councilmembers Bond NOES: Councilman Dunin ABSENT.: One Vacancy the foregoing resolution was passed and adopted this 7th day of April , 1981. ATTEST: v _ Act' g City Jerk amela Voges APPROVED: City dministrative Officer A r vk"04�� City Attorney 4M. A Zk oeeowa Community I velopme Director AMENDED RESOLUTION N0.4436(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT NO. 966, LOCATED AT 575 CERRO ROMAULDO AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Tract No. 966 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 and special 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 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 project is granted a negative declaration of environmental impact. 9. The site cannot be developed in a conventional manner alone or with adjacent properties because of insufficient site depth and area. SECTION 2. That the approval of the tenative map for Tract No. 966 be subject to the following conditions: 1. Subdivider shall install individual sewer laterals for lots 3, 4 and 5 in appropriate easements to Foothill Boulevard to the satisfaction of the City Engineer. 2. Common driveway shall be installed as a subdivision improvement and paved to a width of 20 feet. R 4436 Resolution No.4436(1981 Series) Tract 966 Page 2 3. Common driveway easement shall be shown on final map. Subdivider shall record a common driveway agreement consistent with city zoning ordinance requirements with the final tract map. 4. Final map shall show easements for public utilities to the satisfaction of respective utility companies and City Engineer. 5. Subdivider shall install individual water meters for each lot. Meters shall be clustered at Cerro Romauldo frontage, to the satisfaction of the City Engineer.. 6.. Drainage shall be taken to Foothill Boulevard within a drainage easement. Private drainage improvements (on -site and off - site) shall be constructed to the satisfaction of the City Engineer. Subdivider shall record.covenants, conditions and restrictions providing for perpetual maintenance for said improvements by all the lots using these improvements. 7. Lot 1 shall be provided with two parking spaces (one covered) consistent with city Parking and Driveway Standards for houses. 8. Subdivider shall number all units in the tract, consistent with city- approved address plan, attached as Exhibit. A. 9. Final map shall_ note that lots 3, 4 and 5 are sensitive sites with any . development on the lots requiring Architectural Review Commission approval. 10. Subdivider shall install no parking /tow =away signs, pursuant to California Vehicle Code Section 22658 (as noted in city Parking and Driveway Standards) along the access driveway to the satisfaction of the City Engineer. 11. Existing fig tree on lot 5 shall remain..-- On motion of Councilman Settle seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Settle, Bond, Dunin and Mayor Billig NOES: None ABSENT: One Vacancy Resolution No. 4436(1981 Series) Tract 966 Page 3 { the foregoing resolution was passed and adopted this 7th day of Apr;1 -$ 1981. Ll ATTEST: Acting City Clerk Pamela Voges APPROVED: �l City Admin rative Officer City Attorney A15� T-sn�� Community Deve opment Dir for _ I'� 0 j � ". •9 0 v _. , �.: _ _..._._...__....._. _ - - -- ... .,V - - -- Z �. �� Q�_ �a ` <, _ Vii. �„• _�; RESOLUTION NO. 443 %1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 81 -15 LOCATED AT 1901 SANTA BARBARA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 81 -15 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the C =H zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 proposed parcel map is categorically exempt from environmental requirements. SECTION 2. That the approval of the tenative map for Minor Subdivision 81 -15 be subject to the following conditions: 1. Subdivider shall dedicate to the city right -of way necessary to construct city standard radius at corner of Upham and Santa Barbara Streets to approval of City Engineer. 2. Subdivider shall install or replace curb, gutter, sidewalk, handicap ramp at corner and street pave -out to the approval of the Public Services Department. 3. Subdivider shall install -a new 10 -foot driveway ramp on Upham Street to city standard. 4. Subdivider shall enter into an agreement with the city which would allow the encroachment of the existing commercial building and addition to same into the right- of-way of Upham Street. This shall allow renovation of the existing buildings on the property to encroach into the public right -of -way.. R 4435 Resolution No. 44351981 Series) Minor Subdivision 81 -15 Page 2 On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing resolution was passed and adopted this 7th day of April , 1981. - OJAW� Mayor Mela . Billig ATTEST: Acting City Clerk Pamela Voges APPROVED: City Administrative Officer City Attorney Community Development Director r RESOLUTION NO. 4434(:1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -163 LOCATED AT 1500, 1540 and 1508 MARSH STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 80 -163 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1.. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the PO zone. 3. The design is not likely to cause substantial environmental damage or cause serious 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 proposed parcel map is categorically exempt from environmental determination requirements. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -163 be subject to the following conditions: 1. Subdivider shall prepare a creek bank protection plan showing reconstruction of a portion of the northwest bank of San Luis Creek with rip rap material and landscaping to the approval of the City Engineer and Community Development Director. Subdivider shall install improvements per said approved plan. 2. Subdivider shall install curb, gutter and sidewalk and driveway ramp across California Blvd. frontage for the full width of the abandoned portion of Marsh Street to the satisfaction of the City Engineer. R 4434 �i Resolution No. 4434( 1 -981 Series) Minor Subdivision 80 -163 Page 2 3. Parking lot improvements consistent with Exhibit A shall be installed by subdivider. A continuous 8" curb shall be installed along edge of parking lot adjacent to creek. Existing fence shall be removed. 4. Subdivider shall dedicate.6 ft. of frontage along entire California Boulevard frontage, except under existing building on Parcel 2, consistent with California Boulevard Building Setback Line Ordinance. 5.. Final map shall show utilities drainage and creek access and common driveway easement to the approval of the City Engineer. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Bond and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing resolution was passed and adopted this 7th day of April , 1981. ATTEST: Acting City Clerk Pamela Voges i Resolution No- .4434(1981 Series) Minor Subdivision 80 -163 Page 3 APPROVED: City Administrative Officer City Attorney Azov� Community Dev lopment laector i Lp fn D E i -Ju ry m t� I t7.1 EXHIBIT I RESOLUTION NO. 4433(1981 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AN ENERGY ELEMENT OF THE GENERAL PLAN WHEREAS, the Planning Commission and City Council have held public hearings on an Energy Element in accordance with the California Government Code; and WHEREAS, the City Council has received a report from the Planning Commission, and a recommendation from a special study committee; and , WHEREAS, the City Council affirms the determination of the Community Development Director that the Energy Element be granted a negative declaration of environmental impact. NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Energy Element of the City of San Luis Obispo General Plan is adopted. The text of said element is attached hereto as Exhibit A; 2. The Community Development Department shall publish and make aval- able to the public said element and shall distribute copies to appropriate members of city government, including members of commissions, and to the California Office of Planning and Research, and to local libraries; 3. The adoption of this element shall take effect thirty days from the date of adoption of,this resolution. On motion of Councilman Settle , seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Settle, Bond, Dunin and Mayor Billig NOES: None ABSENT: One Vacancy R 4433 Resolution No. 4433 '...�981 Series) -�� Page 2 f the foregoing resolution was passed and adopted this 7th 1981. ayor lanie C. B ATTEST: Acting kity Cler Pa- me Voges APPROVED: 1.1 r City Admjj1Akf&tive Officer City Attorney Community Tvelopmend Director day of April , 0 CONTENTS Introduction . . . . . . . . . . . . . . . . 1 Glossary . . . . . . . . . . . . . . . . . . 3 Goals and Pol ic.i es . . . . . . . . . . . . . 6 Programs: City Operations & Procedures . . . . . . 7 Guidance and Information for Developers & Property Managers . . . . 8 Regulation of New Development . . . . . . 10 Information for the General Public . . . . 13 ADc4P,-Mr) App IL- -7 , 19 8 ) kxkJ 4 /� INTRODUCTION`S Background In November 1979 the San Luis Obispo City Council called upon the Planning Commission to develop an energy conservation element for the city's general plan. The council also resolved that energy conservation and the use of re- newable energy sources are high priority activities and they should be incor- porated in both public and private projects. A first draft of the energy element was submitted to the commission and other interested parties in Jan- uary 1980. While that draft was never formally considered by the Planning Commission, it was discussed by the city's Architectural Review Commission, Citizen's Advisory Committee, and a special Energy Element Advisory Committee. This draft of the Energy Element has been prepared by planning staff to reflect the recommendations of the advisory committee. The Situation Energy is the ability to do work - -to produce change in the characteristics of inanimate and living material. It has been called the "true currency" of economic and ecological systems because it is the fundamental, measurable means of exchange, necessary for all living and mechanical activities. While energy represented by all its forms remains abundant, several types of fuel which have been taken more -or -less for granted over the last 50 years are becoming relatively more scarce, more costly, and less reliable. People have been using dramatically more energy each generation since the industialization of western Europe began about 200 years ago. Most of the energy use has been like drawing on a bank account without making deposits - -we have been depleting a limited supply of what was once solar energy, stored in our planet as wood, coal, oil and natural gas. Much of the energy used in the United States is imported, making us vulnerable to political and economic disruptions elsewhere in the world. Energy - exporting nations are realizing that, to a great degree, importers have had the better part of the deal, receiving the "true currency" in exchange for "promissory notes." Average energy use per person in this country is about twice that in some other countries with more harsh climates and equal or higher material living standards. The total costs of developing additional domestic energy sources are not completely reflected in our present fuel and utility bills. The.environmental damage from strip mines, offshore oil drilling, power plants, and nuclear waste disposal sites and marine terminals for fossil fuels are often not felt by the general consumer of energy. Also, construction of new power plans requires investment capital which could be used in other areas, to meet other needs and create additional employment opportunities: housing, agriculture, energy conservation. These undesirable environmental and economic consequences of increased energy production may be reduced, postponed, and in some cases eliminated by conser- vation and substitution of cleaner, renewable energy sources. The economy, climate, and location of San Luis Obispo make possible significant savings in energy use through readily available means. San Luis Obispo's economy is based on services: education, government, health care, finance, retail trade, and meals, lodging, and entertainment. These activities use energy primarily for heating, cooling, illumination, and personal transportation, uses 1 which are amenable to many simple, inexpensive conservation measures. The city's latitude and climate minimize the need for space heating and cooling in properly designed structures and offer abundant sunshine and air movement for natural heating and cooling. Many city residents are aware and supportive of the need for a deliberate transi- tion from scarce, hazardous, and nonrenewable energy sources to more plentiful, be- nign, renewable sources. The industries, institutions, and residents of the community could be an important source of talent in carrying out this transition. 2 GLOSSARY The following terms are used either in this document or are likely to be used in its revi.sions or implementing programs. Active solar energy system means a system which requires mechanical energy from an external source to move collected heat to a place of use or storage, such as a pump - circulated water heating system. These are sometimes called "indirect" systems when used to heat space in a building. Alternative energy source means a source of energy other than what are currently considered "conventional" sources. Alternative sources include. wind, sunlight, conversion of biomass (plant matter or animal waste) to heat or fuel, or the use of energy which would otherwise be wasted in a conventional system, such as cogeneration or recovery of waste heat. Cogeneration means the use of energy - producing capacity which would other- wise be lost to generate useable energy -- usually electricity -- for consump- tion by either the producer or, through public utility systems, general customers. Conservation means the use of less energy in any form than would otherwise occur. It may be accomplished by greater efficiency -- for example, more miles per gallon -- or reduced activity - -.for example, going to a nearby park instead of a distant park. Conventional energy source includes oil, natural gas, or coal (fossil fuels), nuc ear energy, and hydroelectric power from water impounded for that purpose. Energy means the capacity to change the characteristics of a material, most often its location or temperature. Most units for measuring energy are based on the amount required to increase the temperature of a given mass a certain number of degrees (British thermal units -- BTU's -- and calories). Generally, energy is either "kinetic" -- meaning in motion -- or "potential" -- waiting to be used. In the realm of daily life energy is never really used up, only changed from a more useful state to a less useful state., with all forms eventually dissipating as heat. Other forms of energy include radiant (propagated by waves, such as sunlight), mechanical (inherent in motion, as in a spinning flywheel) chemical (as in the bonds holding carbohydrates together, released when wood is burned or food is used in the body), and nuclear (as in the bonds holding components of atoms together). Electricity has been a convenient form of energy to transform and transport. Hybrid system means a solar energy system which combines features of both active and passive systems, such as a thermal mass warmed directly by sunlight which may heat spaces by passive radiation and convection or by air circulation actively aided by fans. Insolation means the total direct, difuse, and reflected sunlight striking a surface. Insulation means a material or the property of a material which resists the flow of heat from one place to another. Governmental codes and manufacturers' specifications use a measure called the "R- value" for this property. The higher the value, the greater the resistance to heat conduction. 3 Life -cycle cost means the total cost of buying and operating a building or a piece of equipment over its useful life. Passive solar energy system -- sometimes called a "direct" system -- means a design which uses landscape and architectural features to collect and store energy directly, without any external, mechanical power source. Such systems are nearly always used for heating or cooling space within a building. Many passive systems work best with some management by the occupant, such as opening windows or closing curtains. Peak demand means the highest rate of demand over a short term, compared to emirates of demand over a longer interval. Peak demand may come at a certain hour of the day or a season of the year. It is called "peak" because a graph of energy units used vs. time reaches a peak at that point. Energy - producing and transportation facilities are often built to accomodate peaks, at great expense compared to sizing for average demand. Performance standard means a definite level of performance, such as maximum energy use for eating per square foot of building. Regulations based on performance standards make the designer responsible for choosing the best method of complying. Photovoltaic means a device or system for converting sunlight directly to electricity. Such "solar cells" were first used in satellites and remote communication equipment. Prescriptive standards establish one or more specific means of achieving a general TeMeT of performance, such as requiring certain amounts of insulation. Renewable energy source means a type of energy which is more or less continually f owing from source to potential user, such as sunlight, wind, tidal and wave action, growing plants, geologic heat, and difference between temperature . of layers of ocean water. Nonrenewable sources include stocks of coal, oil, gas, uranium ore, and intermediate sources derived from them. (The nuclear "breeder reactor" would in a sense be a renewable source once it is successfully established along with a fuel and waste processing cycle). Retrofit means to install a system or devices in an existing building, or vehicle. Solar access means exposure of a solar collector or passive system to the amount and duration of sunlight necessary for the successful operation of the system. "Solar skyspace" -- a nearly synonymous term -- means the space between a solar collector and the sun which must be sufficiently free of shading obstructions. Solar collector means a device which transforms sunlight striking it into another form of energy, such as heat, electricity, or chemical potential. Substitution means the replacement of one form of energy by another, as when fossil Tuels replaced animals for farm work and transportation, or when solar energy rather than natural gas is used to heat water. 4 f� Thermal mass means a solid or liquid mass which absorbs, stores, and releases eat effectively, such as a tank of water or masonry wall which is warmed by sunlight and which gives off its heat at night. Weatherization means sealing a structure and its heating and cooling systems to prevent energy waste through unwanted air leakage. Winter solstice means the day -- usually December 21 -- when the sun is lowest in the sout ern sky and the priod of daylight is shortest.. (The summer solstice is the day when the sun is at its most northern position at noon and the period of daylight is longest. It occurs June 21.) 5 GOALS AND POLICIES San Luis Obispo will achieve broad public awareness of citizen's roles in causing and solving energy problems. Overall energy consumption will be reduced by eliminating frivolous uses and making more efficient use of energy in essential activities, with the goal of reducing average conventional energy use per person in 1995 to about 60% of 1980 consumption. The City will provide leadership for the county as a whole in both energy conservation and the substitution of alternative for conventional energy sources. The City will concentrate its efforts in areas with the greatest potential benefit: (1) its own properties and operations and (2) relationships among parties in the private sector. The City will set an example for energy conservation and the use of renewable sources in its own facilities and operations. The materials purchasing, use, and recycling activities of the City will recognize indirect energy -use consequences The City's intervention in the private sector will focus on areas where typical performance laas behind what is technically and economically feas- ible. First priority will be the elimination of obstacles to the use of alternative energy sources in both existing and new development. New development will be encouraged to minimize the use of conventional energy for space heating and cooling, water heating, and illumination by means of proper design and orientation, including the provision and protection of solar exposure. The energy performance of existing structures will be upgraded. Through design standards, discretionary review, and public recognition of good examples, the City will attempt to accelerate trends already underway in the private sector to move individual properties and the community as a whole toward energy self- sufficiency.. Means of transportation and communication which minimize energy use will be encouraged. Environmental review documents will provide sufficient detail and sub- stantiation when addressing potentially significant energy impacts of pro- posed projects. The City will remain alert to alternatives which require less conventional energy. In addition to keeping informed of energy- saving technology for its own use, the city will help inform other prospective users of such innovations. M o\ J PROGRAMS Programs to conserve energy have been grouped by four topics. Some programs will obviously overlap these subject areas. A symbol preceeds each program statement. These symbols indicate: Q This is a new program, or a significant departure from current practice. 0 This is partially in effect, part -way to being done, or a modification of an existing program. ® This is a continuation of a present program; it is already done or it has been adopted by the city or mandated by a higher level of government. Programs Involving City Operations and Properties ® 1. The City will encourage alternatives to employee commuting by individual drivers through such means as parking space allocation, ridesharing coordin- ation, and bus and car -pool incentives. ® 2. To encourage other downtown employees to car -pool and use public transport- ation, the City will establish preferential parking locations and rates for pool vehicles; all -day parking will be discouraged. ® 3. As City vehicles are replaced, new vehicles will be high - mileage models. ® 4. Traffic flow will be enhanced by such means as synchronous and "smart" signals, addition of turn lanes, and removal of curbside parking. 5. Mail and telephone contact will be substituted for travel whenever possible in conducting City business; bicycles will be used for short trips. ® 6. Bicycle paths will be incorparated in new streets and street widening projects. Where sufficient righ -of -way is available and bicycle and motor traffic volume warrant, such paths will be separate from the road- way. In other cases, they will be within the roadway but clearly striped or denoted by different pavement color, and adjacent parking will be removed or limited to off -peak hours. ® 7. Bicycle, moped, and motorcycle parking space will be provided at City parks and buildings. 0 8. Lighting levels in City buildings will be maintained at minimum levels sufficient for the activity being conducted; efficient lamps will be used. ® 9. The City will replace incandescent and flourescent outdoor lighting with more efficient sources, such as sodium vapor illuminators. Q 10. New municipal facilities will be designed to make maximum feasible use of passive heating and cooling as well as use of natural illumination. Heating and lighting will be "zoned" to allow control in individual work areas. Q 11. Solar water heating will be incorporated in new City facilities when cost - effectiveness evaluations show a savings within the expected life of the facility. 7 Q 12. The City will gradually retrofit its facilities with solar water heating, beginning with those, such as the swimming pool, where the most significant savings are possible. 0 13. The City will use methane from the sewage treatment plant for digester heating and for mechanical energy within the plant, and will explore the feasibility of selling excess or interruptible methane to utilities, commercial customers, or for powering vehicles. ® 14. The City will proceed with plans for hydropower generation on the Salinas Reservoir conduit. Q 15. The City will make available wood from tree trimming and removal. Q 16. The City will investigate the feasibility of wind- powered generation for its own facilities which are suitably located, such as the sewage treatment plantor water treatment plant, where prevailing winds and relatively low visibility are conducive to tower installations. ® 17. The City will participate in programs for recycling of such materials as office paper and lubricating oil. Q 18. The energy efficiency of major nonautomotive equipment will be evaluated when purchases are made. 0 19. The City will insulate and weatherize its own facilities before and in a manner similar to any requirements imposed on private properties. ® 20. The City will encourage SORT, Ecoslo, and other materials recycling pro- grams by participating and making space available for transfer activities. ® 21. The-City will observe suggested thermostat settings. ® 22. City staff and commission members involved in development review will be educated in principles of energy- saving design. ® 23. City staff involved in property management will be educated in energy efficient practices. Programs Involving Guidance and Information for Developers & Property Managers ® 24• Retrofitting buildings with solar- assisted water heating systems will be "minor and incidental" for purpose of ARC review and will be subject to staff approval under criteria adopted by the ARC. (Within historic districts, such projects would be referred to the ARC.) N Q 25. Architectural review guidelines will provide criteria for the design of solar water heating systems in both new construction and retrofitting. Criteria would include: mechanical, plumbing, and structural components to be.the same color as the roof, a compatible color, or as part of an acceptable overall color scheme, contrasting; if collector is not flush with roof, it should match the roof plane as closely as possible and mounting racks should be covered with roof or siding material or another compatible material, to reduce awkward appearance; locate collector so as to minimize the need to trim or remove trees; locate collectors between rather than outside the dominant lines of the building or roof, as seen from the street or adjacent properties; minimize visible piping; use glass with low reflection where significant glare problems cannot be solved by location or orientation. To the extent they are applicable, these criteria would apply to all active and photoelectric solar collectors. Q 26. The Architectural Review Commission will play an expanded role in encouraging energy - efficient project design by requiring designers to make conscious choices and to justify proposals involving building location, orientation, and form, as well as landscaping type and location. The goal of such review would be projects which make maximum use of solar exposure, natural ventilation, and passive means of reducing conventional energy demand, as opposed to designing a particular image and relying on mechanical systems to maintain comfort. To these ends, ARC.guidelines and information submittal requirements will assist applicants in preparing more self - sufficient projects. 0 27. When developers first inquire about or submit applications for development and building projects, they will be advised of sources of information on energy - efficient design (such as utilities, trade and professional groups, and published material). ® 28. The City will prepare generalized topographic and shading information for use by developers contemplating solar projects within the city. Q 29. The City will advise businesses of ways of reducing energy use while providing adequate levels of lighting for security and sign visibility, including utility companies' audit programs. Q 30. The City will advise builders /remodellers of structural features which may help with energy conservation and lower costs over building life (such as roof frames which could be loaded with additional insulation or fire sprinkler systems, and operable covers for frozen or refrigerated food sales): Q 31. Developments will be encouraged to make available space for outdoor clothes drying, and private restrictions against their use will be nullified. Programs Involving Regulation of New Development Q 32. The design of subdivisions will protect solar exposure to the greatest extent. possible: - Within all new subdivisions, the longest dimension of all lots should be oriented within 30 degrees of south, unless the subdivider demonstrates that for certain lots: * The lots are large enough to allow suitable building orientation regard- less of lot orientation; * Buildings will be constructed as part of the tract development, and the buildings themselves will be properly oriented, with adequate solar exposure; * Topography makes variations from the prescribed orientation desirable to reduce grading or tree removal or to take advantage of a setting which would favor greater reliance on early morning or late afternoon exposure, or topographical conditions make solar energy use generally infeasible; * The size of the subdivision combined with the existing orientation of surrounding streets and lots precludes desirable orientation. . - Solar access easements will be created within all new subdivisions, as pro- vided in the Solar Rights Act (Cal. Gov. Code 66473.1, 66475.3), unless: * The subdivision incorporates a building development plan which would assure desirable solar access; * The subdivision contains a notation for additional yard or height standards designed to assure desirable solar access, supplementary to the zoning regulations, which would make a system of'easements for each lot unecessary; * Solar exposure will be adequately protected by the city's zoning regulations. Q 33. The City will protect solar exposure for existing collectors and likely locations of future collectors, both active and passive: - When collectors are proposed as part of a development, the plan of that development will be approved with conditions to assure that proposed structures and vegetation will not shade collectors excessively. - Zoning regulations will protect solar exposure by controlling development on adjacent properties. A generally acceptable level of solar exposure will be protected in this way (see policies below). Additonal protection may be assured by recorded agreement among private properties, filed with the City's Community Development Department. Exceptions to the prohibition of shading of likely collector locations may be made when: * the shading is an insignificant part of the total protected solar exposure, in terms of area, time, or both; 1n l � 33 (con't) * structures on protected properties have an insignificant probability of being modified or replaced, and likely collector locations are.sufficiently protected in spite of shading that would normally be unacceptable, or such structures already have adequately protected collectors. * the shading is between lots in a subdivision for which a customized system of solar access easements will provide an equivalent level of protection; * use of solar energy is infeasible due to topographical conditions. - To these ends, additional permit information such as shadow plans may be required as part of building permit or architectural review. SOLAR ACCESS STANDARDS Land -use and Site Conditions Desirable.Solar Access Agriculture /conservation and residential uses up to about six units per acre, on sites of one acre or more. Agriculture /conservation and residential uses up to about six units per acre on sites of less than one acre. Residential uses between six and 12 units per acre, office uses, and neighborhood commercial uses, on sites of one acre or more. Residential uses between about 6 and 12 units per acre, offices, and neighborhood commercial uses, on sites less than one acre Residential uses atsdensities greater than 12 units per acre, public facilities, general commercial and industrial areas, in suburban and.newly subdivided areas. All south walls and all roof areas should be unshaded during midday on the winter solstice. Most south walls and all roof areas should be unshaded during midday on the winter solstice. All roof areas and most second -story south walls should be unshaded during midday on the winter solstice. Most roof areas should be unshaded and some second -story south walls should be unshaded during midday on the winter solstice. All roof areas and some south walls should be unshaded during midday on the winter solstice. Residential uses at densities greater Most roof areas and some south walls on than 12 units per acre, public facilities upper floors should be unshaded during and general commercial and industrial midday on the winter solstice. areas within downtown and other locations previously subdivided into relatively small lots. 34. Solar water heating will be required for new swimming pools and hot tubs, except where solar exposure is insufficient due to circumstances beyond the control of the water user. Note: Anyone proposing conventional heating of such facilities must pro- vide an insulating cover and must obtain a bid from an installer of solar hot -water systems, including a life -cycle cost comparison (Title 24, Cal. Admin. Code). ® 35. Shading by vegetation will be controlled by the California Solar Shade Control .Act. The City will prosecute substantiated violations brought to its attention pursuant to that Act (Public Resources Code Section 25980 and following). Those seeking permits for solar systems will be advised to establish documentation of vegetation existing at the time of their solar construction or installation. 11 G ® 36. The City's regulations will not prevent the location of individual wind - powered generators, but they.will be discouraged in favor of optimally located generators of greater capacity, designed to serve major facilities, neighborhoods, or the community as a whole. 37. The zoning regulations will provide for alternative energy use in such ways as: - Allow height exceptions for solar equipment like those for chimneys and screened mechanical equipment; - Allow components of alternative heating and cooling systems such as collectors, shading louvers, or reflectors, to project into yards in a manner similar to cornices, canopies, and so on. - Include solar heating systems and cogeneration facilities explicitly in the definition of accessory use. Q 38. Architectural review guidelines will stipulate major commercial construction and remodelling should include cost - effective measures to reduce unwanted heat gain (devices such as landscaping, awnings, orlouvers). ® 39• Land -use plans and zoning regulations will encourage concentrations of residences in conjunction with or close to concentrations of employment, services, and public transportation routes. ® 40. Zoning regulations will provide for home occupations which are compatible with residential neighborhoods and which will reduce residence -to -work trips. ® 41. Zoning regulations will provide for neighborhood convenience shopping and services. ® 42. The zoning regulations will require bicycle and motorcycle parking spaces in proportion to overall parking requirements and demand likely to be generated by various uses. ® 43. The zoning regulations will provide for a large share of compact -car parking spaces, to be located most conveniently to user destinations where the size of the parking facility warrants. 44. Approval of major new commercial and residential projects will be conditioned on inclusion of programs such as informing residents /employees of car -pool and bus information, "free" bus passes for the first month after occupancy, and similar measures designed to foster energy saving travel habits at the time such habits are most susceptible to change. ® 45. The zoning regulations will provide wide design flexibility and incentives for projects demonstrating an exceptional degree of energy self- sufficiency. 12 1 1� Q 46. Street -tree regulations will be flexible enough to allow desirable landscaping without obstructing solar access. The location, height, spread, and seasonal opacity of trees will be considered when street tree planting is proposed, and waivers and substitution allowances will be used to achieve optimum use of trees on development sites and adjacent public rights -of -way. Q 47. The City will advocate modifications in statewide building requirements which set unecessarily high standards for performance of residential space heating systems, thereby requiring duplication of alternative and conventional heating in most new construction. 448. The City will adminsiter its own building regulations to minimize design and permit expense, for example, for roof - mounted solar collectors where typical collector weight can be supported by typical structures. Programs Involving Information for the General Public g 49. The City will publicize energy conservation and substitution efforts and results by such means as the City Newsletter. ® 50. The City will make available space for community gatherings for groups advocating, demonstrating, or assisting with energy conservation and substitution. 13 RESOLUTION NO. 4432 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SALE OF CITY OWNED REAL PROPERTY ON STENNER CREEK ROAD WHEREAS, City currently owns a .96 acre parcel (description and map attached) on Stenner Canyon Road contiguous to a much larger parcel owned by Fred Glick, et al.; and WHEREAS, Mr. Glick has requested City to convey its parcel to Glick, et al. in order to "square off" his parcel; and WHEREAS, the Planning Commission has found the requested sale consistent with City's general plan; and WHEREAS, on February 3, 1981, this Council held a public hearing.-;regarding Mr. Glick's request, thereafter carrying a motion (1) declaring the land surplus (2) finding the sale consistent with City's general plan and (3) directing City staff to negotiate a sale price for the parcel; and WHEREAS, the value ($200.00) as appraised by staff (attached memo dated March 5, 1981, Fitzpatrick to Walton) is appropriate. NOV. THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby authorizes the sale of the above described city realty to Fred Glick, et al (see attached form of grant deed) for $200.00 Glick, et al ". to reimburse city for the processing expenses and pay all usual transfer and other escrow costs. SECTION 2. The Mayor is authorized to sign the grant deed on behalf of the City. On motion of Mayor Cooper, seconded by Councilman Munger, and on the following roll call vote: AYES: Councilmembers Cooper, Munger, Billig, Bond, and Dunin ft NOES: None ABSENT: None Resolution No. 4432 (1981 Series) the foregoing Resolution was passed and adopted this 24th day of March, 1981. ATTEST: ActVig City C e Pam Voges Approved: /V City Administrati a Of ce City Attorney L\Jae� zwlt� — Director of C unity DfAlopment �'_ ..'.' '=^'_' ur�='l e•--•-" Im. u6' i.:.. T+• urr.: x:: Cas. .._.:......,___...- .,.t...�... - .. _....__.._._... .. _.. - .. _.. JM -''G ;O NU OpOOIO�NR IM,I, J r�J YU ,¢n�YSj m�,oDV b m \J- W Y a 'o r 1{ G D d ��/ ar • •O \e r ON N K 4 M ,>t 4 � h i m N N J / h ( w / ^ e e � w N •. e r =Y N 1 a n I S.II rN Ntl Y N l i Y y h i 0 K • m • m¢ t� Y n� •/ •� V N Y o Y N D ° y •i field m4 7 I Y O ° �p s N Z {!1 >- N e °•. oYO.. ' m~ •� °::�q i�QU°puO`a °o ` �tcoY:_Y _: bb -OQO :a � II zlseea D Q 220 / r; slh.l Lon 27�oiv o aamU. `n ° J U . 163 D c a (/f qo ti � n s n IL •. N o: b m \J- W Y a 'o r 1{ G D d ��/ ar • •O \e r ON N K 4 M ,>t 4 � h i m N N J / h ( w / ^ e e � w N •. e r =Y N 1 a n I S.II rN Ntl Y N l i Y y h i 0 K • m • m¢ t� Y n� •/ •� V N Y o Y N D ° y •i field m4 7 I Y O ° �p s N 0 u 66% O O w e O� J ZQ W J m O L. Z M W } _ Z 3U) a �< 0 az u tJ Qa N V 9 U m 0 a JAW W Z J W ' Z W = Q Qcrk j W a: Q U Z =W .I OOrc ~ LA. H ❑ LL NaZ IL 0) 0 Q N W W N�� f N m sh ' a 26 n W m r wt Lon 27�oiv o U . 163 D c Y z qo ti � n s ,25i •. \ \\ • V, N ? \♦ N W m Z ° ♦ vi yN < 2 M M W = 0 u 66% O O w e O� J ZQ W J m O L. Z M W } _ Z 3U) a �< 0 az u tJ Qa N V 9 U m 0 a JAW W Z J W ' Z W = Q Qcrk j W a: Q U Z =W .I OOrc ~ LA. H ❑ LL NaZ IL 0) 0 Q N W W N�� f N m 132597 -AH ' E;OiIBIT "A" DESCRIPTION THAT PORTION OF LOT 9 OF RANCHO POTRERO DE SAN LUIS OBISPO, AS SAID LOT IS SHOWN AND SO DESIGNATED UPON THE MAP ATTACHED TO THE REPORT OF THE COMMISSIONERS IN PARTITION IN ACTION ENTITLED "MANUEL SERRANO,. ET AL. VS. HIPOLITO SERRANO, ET AL." FILED IN.THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN LUIS OBISPO DECEMBER 19, 1887, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT STAKE S.581 ACCORDING TO SAID MAP AND SURVEY, ABOVE MENTIONED; THENCE NORTH 330 EAST 2.72 CHAINS TO A STAKE; THENCE NORTH 57 1/40 EAST, 2.49 CHAINS TO A STAKE; THENCE SOUTH 320 45' EAST, 2 CHAINS TO A STAKE; THENCE SOUTH 57 .1/40 WEST, 2.07 CHAINS TO A STAKE; THENCE SOUTH 330 WEST, 2.30 CHAINS TO A STAKE; THENCE NORTH 570 WEST, 2 CHAINS TO STAKE S.58, AND POINT. OF BEGINNING. (END OF DESCRIPTION) 1� n y- March 5, 1981. MEMORANDUM To: Lee Walton, CAO From: J. H. Fitzpatric`,�AAO Re: City -owned property on Stenner Creek Road At your request I reviewed the parcel of city -owned land in Stenner Creek requested by Fred Glick for purchase. Upon inspection, the property is steep and brushy and would be impossible to develop as a separate parcel. It only has value to the prospective purchaser to square off his property within county regulations. It would be my opinion that this single parcel of land would only have a nominal value of $200.00. JHF:mp "T ,,,z•0t . _,I('1 ,D I S RECORDING REQUESTED BY Title Insurance and Trust Cc AND WHEN RECORDED MAIL TO r Haw. Howard Carroll etal 3n.w 7315 Santa Rosa Street AsK.. San Luis Obispo, CA 93401 ONON L J .aa to RAttrnm m N.r slNr Same as above A.NM, Gtr a SLtar. SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed T. ...I CA I I r�Tal THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P.N. _G The undersigned grantor(s) declare(s): Documentary transfer tax is E 954 —• (ZI computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. A Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE -6= OF SAN LUIS OBISPO a corporation organized under the laws of the State of hereby GRANTS to See 000 below for grantee the following described real property in the County of San Luis Obispo , State of California: Legal description attached hereto and marlmd Exhibit "A" consisting of one page. HMARD CARROLL, an unmarried man, as to an undivided 1/4th interest; ALLAN PEREIRA and CCRY LEE PEREIRA, husband and wife as colmunity property, as to an undivided 1/4th interest; DOUM&AS R. DlIME &•MERFCR and KAREN A. D117ENDERFER3, husband and wife as community property, as to an undivided 1/4th interest; and FR D K. OLICK and SHARON S. (LICK, husbatta and wife as emmI;n;ty preperty, as to an undivided 1/4th interest. In Witness whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by it )Zr.iiwwt and .f- pettnT- thereunto duly authorized. Dated: may nrrT nF caw T.m.S nitT.RPn STATE. OF CALIFORNIA SS. BY COUNTY OF PlesidellI On before me. the under- B signed. a Notary Public in and for said Stale. personally appeared y sec. V known to Be to be th• President, and known to me to be Secretary of the Corporation that executed the within Insrument. known to me to be the persom who executed the within Instrument on behalf of the Corporation therein named• and acknowledged to me that such Corporation executed the within Imtru ment pursuant to its bylaws or a resolution of its board of directors WITNESS my hand and otHcial .wal. (This .r.. Im official notarial sun Escrow or Loan No._ raid TAY STATEMENTS AS DIRECTED ABOVE a. a B RECORDING REQUESTED BY Title Insurance and Trust Cc AND WHEN RECORDED MAIL TO r Haw. Howard Carroll etal 3n.w 7315 Santa Rosa Street AsK.. San Luis Obispo, CA 93401 ONON L J .aa to RAttrnm m N.r slNr Same as above A.NM, Gtr a SLtar. SPACE ABOVE THIS LINE FOR RECORDER'S USE Corporation Grant Deed T. ...I CA I I r�Tal THIS FORM FURNISHED BY TICOR TITLE INSURERS A.P.N. _G The undersigned grantor(s) declare(s): Documentary transfer tax is E 954 —• (ZI computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. A Unincorporated area: ( ) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE -6= OF SAN LUIS OBISPO a corporation organized under the laws of the State of hereby GRANTS to See 000 below for grantee the following described real property in the County of San Luis Obispo , State of California: Legal description attached hereto and marlmd Exhibit "A" consisting of one page. HMARD CARROLL, an unmarried man, as to an undivided 1/4th interest; ALLAN PEREIRA and CCRY LEE PEREIRA, husband and wife as colmunity property, as to an undivided 1/4th interest; DOUM&AS R. DlIME &•MERFCR and KAREN A. D117ENDERFER3, husband and wife as community property, as to an undivided 1/4th interest; and FR D K. OLICK and SHARON S. (LICK, husbatta and wife as emmI;n;ty preperty, as to an undivided 1/4th interest. In Witness whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru- ment to be executed by it )Zr.iiwwt and .f- pettnT- thereunto duly authorized. Dated: may nrrT nF caw T.m.S nitT.RPn STATE. OF CALIFORNIA SS. BY COUNTY OF PlesidellI On before me. the under- B signed. a Notary Public in and for said Stale. personally appeared y sec. V known to Be to be th• President, and known to me to be Secretary of the Corporation that executed the within Insrument. known to me to be the persom who executed the within Instrument on behalf of the Corporation therein named• and acknowledged to me that such Corporation executed the within Imtru ment pursuant to its bylaws or a resolution of its board of directors WITNESS my hand and otHcial .wal. (This .r.. Im official notarial sun Escrow or Loan No._ raid TAY STATEMENTS AS DIRECTED ABOVE RESOLUTION NO. 4431 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE /OPEN SPACE ELEMENT OF THE GENERAL PLAN _ TO REFINE THE DEPICTION OF THE URBAN RESERVE LINE AND TO CHANGE THE DESIGNATION OF AN AREA NEAR THE "IRISH HILLS' EXPANSION AREA" FROM CONSERVATION /AGRICULTURE TO INTER114 AGRICULTURE (GP 913A) WHEREAS, the Planning Commission and City Council have held public hearings-on..-the subject general plan changes, in accordance with the California Government Code and the General Plan Amendment Regulations of the City; and WHEREAS, this action is one of several actions comprising the general plan amendment first heard by the Planning Commission in January, 1981; and WHEREAS, the potential environmental impacts of the action have been described in the Environmental Impact report for the Open Space Element, certified by the City Council January 26, 1981, in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the changes; and WHEREAS, the changes to the Land Use /Open Space Element map are fully described in Exhibit A. attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of San Luis Obispo as follows: 1. The Land Use /Open Space Element map is amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the maps and publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption-of this resolution. R 4431 wJ RESOLUTION NO. 4431 Page 2 (1981 Series) On motion of Councilman Bond seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Bond, Billig and Dunin NOES: Councilman Munger and Mayor Cooper ABSENT: None the foregoing Resolution was passed and adopted this 17th day of March , 1981. 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C rt'��; •r i''.�Et' -r,'rE 1 t.r .� t C. , 1'�_ . <: .�(• :r• =r C•rl• r rl.r r. t C t f ' } . c 4i t• ;t C t [ S C t l •'1 rc t1~r< 4.r .l'. O r. : E `.[C •i,` (`r•_ r r -F:"7 > f'r tit'; C:+ ' :. •.0 : .r { : F; iC(. "c 'I',E _�.Y <, r: /'f- "'C�,T" 'i. :i'4 <1r•r�'1'rl T'{r'I t ai•i ..CC .�. !�<• ^F��: f; rr�.t',�C.E:- 1• a `��t , ,t.i ' + .. , Ef • �•� [k: r+ t %C4µtE',,:r'' .., %.C` -� • j` .c • a 6. � I_ r ., �,( t_ t[ t <.ri:�t•x'� [e�i:c:. ,r:�•' r :< ft.p�•• -"(;r ' •ct• tfs:.:a a. :.:r (t 'f.� ♦ , . ` { -'t .0 .it r' t S,e .-i♦1n -h'fT ('C fit; �,L,,� t:fli•t.,^ 4C j7.*A � f`4 Ot ttt. \F'.l f^ ,rl�CtfL�_t�'4`�nM1Es, {�.t•t - {:: y;f 4S C�r'r. <.?i`'t. r:�4�%t. �i t ..r � �'. r'tl <: .[.S:�f�t,:: r t'.a.. c�'C (!•�}'(. C• i. ,,r t,i.ef.,�••g <- C •� r�'T ;C tt � ;' r .r ;' t -'i f if:-t L.. , , . t•I f: E_ E 14�'��':I C' �f.�' �F.�;f_t "%..rt_ r:f:r C�,C� S,C•,.::�;: r.YC fr+CY ji^ r' E: C -t:E'y f 't,,ti;'C. E C . t,. •a L' :.`: '(t ••, ..,r . i .;• fv:C • C .,. �irL .C'. iC`c 4'r[a, ;; f" .r eta. ^t • /.�� �`iC i;� %� LZ4 ': ,h �r- �. f��, f ''C.j•.�.rvF~a.�f$`��Lfe {/�;it; ,.`�•..•••. +tLC(. ^�C:•��i f.�t• RESOLUTION NO. 4430 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 912 LOCATED AT 1250 ORCUTT ROAD M BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Map Findings. That this Council, after consideration of the tentative map of Tract No. 912 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 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 focused environmental impact report prepared for the project is acceptable and adequate and is certified complete to address impacts of the project. 9. The project contains conditions to mitigate significant adverse environmental impacts addressed by the focused environmental impact report for the project. SECTION 2. Variances. requirements are hereby appr Proposed Lot 1: Minimum lot required. Average lot Average lot The following variances to Subdivision Ordinance oved, based upon the.findings below: area, 9,050 sq. ft. allowed where 15,000 sq. ft. width, 80 ft. allowed where 100 ft. required. dept, 112 ft. allowed where 150 ft. required. Resolution No. 4430 (1981 Series) Tract 912 Page 2 Proposed Lot 2: Minimum lot required. Average lot Average lot Proposed Lot 3: Minimum lot required. Average lot Average lot area, 7,500 sq. ft. allowed width, 67 ft. allowed where detail, 109 ft. allowed whe area, 7,150 sq. ft. allowed width, 82 ft. allowed where depth, 95 ft. allowed where where 12,000 sq. ft. 80 ft. required. re 130 ft. required. where 15,000 sq. ft. 100 ft. required. 150 ft. required. Proposed Lot 4: Minimum lot area, 12,600 sq. ft. allowed where 15,000 sq. ft. required. Minimum lot frontage, 45 ft. allowed where 67 ft. required. Average lot width, 96 ft. allowed where 100 ft. required. Average lot depth, 100 feet allowed where 150 ft. required. Proposed Lot 5: Average lot depth, 103 ft. allowed where 130 ft. required. Proposed Lot 7: Minimum lot area, 14,600 sq. ft. allowed where 25,000 sq. ft. required. Minimum lot frontage, 45 ft. allowed where 200 ft.. required. Average lot depth, 148 ft. allowed where 80 ft. required. Proposed Lot 8: Average lot width, 80 ft. allowed where 150 ft. required. Proposed Lot,9: Minimum lot frontage, 143 ft. allowed where 100 ft. required. Proposed Lot 10: Minimum lot area, 53,750 sq. ft. allowed where 2 acres required. Minimum lot frontage, 70 ft. allowed where 134 ft. required. Average lot width, 165 ft. allowed where 200 ft. required. Proposed Lot 11: Minimum lot area, 27,750 sq. ft. allowed where 1 acre is required. Minimum lot frontage, 40 ft. allowed where 101 ft. is required. Proposed Lot 12: Minimum lot frontage, 50 ft. allowed where 67 ft. required. Average lot width, 85 ft. allowed where 100 ft. required. Proposed Lot 13: Minimum lot area, 12,300 sq. ft. where 15,000 sq. ft. required. Minimum lot frontage, 55 ft. allowed where 100 ft. required. Average lot width, 75 ft. allowed where 100 ft. required. Proposed Lot 14: Minimum lot area, 9,400 sq. ft. allowed where 15,000 sq. ft.. required. Minimum lot frontage, 60 ft. allowed where 100 ft. required. Average lot width, 76 ft. allowed where 100 ft. required. Average lot depth, 126 ft. allowed where 150 ft. required. Resolution No. 4430 (1981 Series) Tract 912 Page 3 Proposed Lot 15 Findings: Minimum lot area, required. Average lot width, Average lot depth, 7,650 sq. ft. allowed where 15,000 sq. ft. 70 ft. allowed where 100 ft. required. 110 ft. allowed where 150 ft. required. A. The variances requested do not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. B. Because of special circumstances, the steep terrain, and the size of the proposed lots, the strict literal application of the Subdivision Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity. C. Under the circumstances of this particular case., the exceptions requested carry out the spirit and intent of the Subdivision Ordinance. SECTION 3. Grading Ordinance Exception. The following exception to the Grading Ordinance is hereby approved based on the findings below: 1. To allow grading in excess of 20% on the property where 80% or more of the property is required to remain in a natural state (no grading of any kind). Findings: A. The exception will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. B. Because of special circumstances, the steep terrain and the size of the proposed lots, the strict literal application of the grading limitations would deprive the property of privileges enjoyed by other properties in the vicinity. C. Under the circumstances of this particular case, the exception is in conformity with the purpose of the grading ordinance. SECTION 4. Conditions of Approval. That the approval of the tentative map for Tract 912 be subject to the following conditions: 1. Subdivider shall extend sewer and water lines within the tract. Line size and grades shall be to the approval of the City Engineer based on fire flow required by the City Fire Department and so that sewer ejector pumps are not required. Resolution No. 4430 (1981 Series) Tract 912 Page 4 2. Subdivider shall install conduit for future undergrounding of existing utility line along Orcutt Road frontage of the tract. 3. Subdivider shall install a standard city fire hydrant at the intersection of Tanglewood Drive and Kentwood Drive (off -site improvement). , 4. Subdivider shall construct drainage facilities as required throughout the tract, to the satisfaction of the City Engineer. Drainage along rear lot lines shall be handled by drainage structures, to be owned privately. Easements shall be granted for cross -lot drainage. All drainage in the tract shall be taken to an adequate point of disposal, to the satisfaction of the City Engineer. S. Subdivider shall dedicate 18 feet along property frontage on Orcutt Road for street widening. 6. Subdivider shall construct curb, gutter and sidewalk, and pave -out to new curb face along full length of Orcutt Road frontage,. 7. Subdivider shall dedicate to the city, vehicular access rights along the entire Orcutt Road frontage. 8. Subdivider shall agree to construct a three foot high natural stone or other ARC approved material wall at the property line along the entire frontage of Orcutt Road within one year after acceptance of the tract improvements if required to protect public safety." 9. Street names for new streets within the tract shall be approved by the Community Development Director and shown on the final map. 10. Lots in the tract shall be addressed consistent with address plan attached as Exhibit "A ". 11. A perpetual open space easement shall be granted to the city for the area noted on tentative map as "Area C - Landscape Buffer," subject to the approval of the Community Development Director and City Attorney. The open space easement will be to maintain the area in a natural open space character consistent with city approved landscape treatment to be provided by the subdivider. The easement shall run with the land and provide the following limitation on use or alterations of the area. A. No structures will be placed or erected upon said premises If desired, see - through fencing appropriate to open space preservation shall be approved by ARC. B. No advertising of any kind or nature shall be located on or within said premises. Resolution No. 4430 (1981 Series) Tract 912 Page 5 C. Owners shall not plant nor permit to be planted any vegetation upon said premises after subdivision improvements are installed except as may be associated with erosion control, fire protection, and soil stabilization or as allowed and approved by the Community Development Director. D. The general topography of the area shall be preserved in its natural condition after grading required of subdivision is completed. No grading shall be allowed after subdivision improvements are completed and accepted. E. No extraction of natural resources. F. No removal of natural vegetation except for fire protection or elimination of deceased growth as approved by the city. 12. Final map shall contain a note that all lots in the subdivision are designated sensitive sites and development of these lots shall be approved by the city Architectural Review Commission. 13. Subdivider shall install landscaping in the area designated for open space with drought tolerant, fire resistive plants consistent with a landscape plan prepared by a licensed landscape architect and approved by the Community Development Department staff. Subdivider shall offer to maintain said landscaping for a period of one year after acceptance of tract improvements. 14. Subdivider shall submit detailed soils engineering and engineering geology report analyzing existing conditions on the site and proposed grading operations. Said report shall be to the approval of the City Engineer and shall be submitted prior to final map approval. 15. Subdivider shall install temporary barriers to protect adjacent properties and streets from falling rock and other debris while the.site is being graded. Barriers shall be to the approval of the City Engineer and project soils engineer. The contractor shall carry insurance protecting the city from any liability. 16: Trucks and excavation equipment shall not be permitted to use local residential streets for access to and from the site while removing export material (Fernwood, Lawnwood, Tanglewood and Kentwood Drives). An exception will be allowed for a limited period of time for use of the northeasterly section of Kentwood Drive. 17. No excavation equipment, trucks, or other heavy equipment shall be operated on the site between the hours of 7 p.m. and 7 a.m. or on Saturdays or Sundays. 18. All vehicles and equipment used on the site, or used in transporting material to and from the site, shall be equipped with proper noise muffling devices. Resolution No. 4430 (1981 Series) Tract 912 Page 6 19. Subdivider shall give two weeks' prior notice of the start of grading operations on the site to all residences within 200 feet of the subdivision boundaries, and to the city Public Services Department. 20. Subdivision grading plan shall be prepared to the approval of the Community Development Director and Public Services Director, and shall include the following provisions: A. All manufactured slopes and disturbed areas shall be planted with drought - resistant, fire - resistive, native plant materials. B. All cut slopes in soil areas shall be serrated to minimize erosion. C. Slopes to be stablized shall be densely planted with ground cover by hydroseeding or cuttings. D. Irrigation systems adequate to ensure permanent plant establishment shall be installed. Irrigation systems may be above ground and temporary. E. Slope protection planting and irrtigation system installation shall be completed within 30 days after completion of grading or as determined by the City Engineer. F. Final grading plan shall include all recommendations and requirements established by engineering geology and soils reports. G. Where necessary, cut and fill surfaces shall be protected from storm runoff by the use of drainage diversion devices such as berms or brow ditches. H. Areas at and below storm drain discharge points shall be protected from storm runoff by use of energy dissipators to reduce runoff velocities to non - erosive velocities. I. Adequate topsoil shall be restored to all areas to be planted where practical. J. Major site grading operations shall be commenced as soon after April 15th as the soil is dry enough to work. City Engineer shall determine final date for start of construction. K. Major site grading operations shall be completed within 60 days after the start of work. An erosion control plan shall be approved by the City Engineer for temporary erosion control if permanent erosion control measures are not installed by November 15th. Resolution No. 4430 (1981 Series) Tract 912 Page 7 L. A 10 mph speed limit shall be posted and enforced on unpaved access roads an the site. M. Construction access roads shall be paved, chip sealed, or watered immediately prior to the start of work and continuing through all phases of grading operations, to the approval of the Public Services Department. N. Subdivider shall provide for continuous control of dust through watering grading surfaces and such other measures as may be required by the Public Services Department. 21. Subdivider shall install within 30 days after completion of tract grading operations, landscaping consistent with a landscape, screening plan prepared by a licensed landscape architect for the areas of the tract noted on the tentative map as "Areas A and B - Landscape Buffer." Landscape plan shall be approved by the Community Development Department staff prior to final map approval. 22. A note on the final map shall identify lots requiring ARC approval. All homes to be constructed on lots 1, 2., 32 4, 5, 11, 12, 13, 14 and 15 shall be low profile and limited to one -story above the median curb grade elevation for each respective lot. This does not preclude the construction of not more than a two -story house on the rear yard with the lower level being below the median curb grade. Ultimate design height limitations and parameters shall be determined by the Architectural Review Commission on a lot by lot basis. Special consideration shall be given to protecting the privacy of adjacent residences. 23. Existing drainage swale along easterly boundary of tract shall be improved to the approval of the City Engineer to adequately accommodate sheet flow from on -site runoff from property within the tract. 24. Subdivider shall install street trees on all street frontages to the satisfaction of the Public Services Department. Tree types shall be to provide a canopy affect upon maturity and be approved by the Community Development Department. 25. Final map shall contain a note that houses shall be sited on lots to take advantage of passive solar opportunities. Resolution No. 4430 (1981 Series) Tract 4i-2 Page 8 On motion of Councilwoman Billig, seconded by Councilman Munger, and on the following roll call vote: AYES: Councilmembers Billig, Munger, Dunin and Bond NOES:. None ABSENT: Mayor Cooper the foregoing resolution was passed and adopted this 17th day of March, 1981. ATTEST: Acting City Clerk APPROVED: City Administrative Officer City Attorney — Aeo4V4 sme'w� Community Development D ctor City ngineer RESOLUTION NO. 4429(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE PURCHASE OF REAL PROPERTY FOR CONSTRUCTION OF PARKING FACILITIES .f WHEREAS, by Resolution No. 4309 (1980 Series) -- copy attached and incorporated herein by this reference — this Council heretofore has authorized the acquisition of real property, identified in the attached Resolution No. 4309, by negotiation or eminent domain proceedings, for the construction of parking facilities to service the downtown area of the City; and WHEREAS, the property owner has agreed to sell the property to City for its value as appraised by City's consultant appraiser; and WHEREAS, to formalize direction previously given, the Council desires hereby to authorize the purchase of the described real property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby authorizes purchase of the real property described in the attached Resolution No. 4309 for the purposes described in that Resolution, for the negotiated purchase price, $455,,000.00 plus incidental costs of sale, said price being the value of the property as appraised by City's consultant appraiser. On motion of Councilwoman Billig , seconded by Councilman Munger , And on the following roll call vote: .AYES: Councilmembers Billig, Munger, Dunin and Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed and a Wting--C4ity i Lerk e a Voges R 4429 Resolution No. 4429 (1981 Series) Approved: City Administrative Officer City Attorney —2 - J, v .s LI RESOLUTION NO 4309 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACQUISITION OF PROPERTY FOR PUBLIC USE, STATING THE PUBLIC USE FOR WHICH THE PROPERTY IS TO BE TAKEN, DECLARING THE NECESSITY FOR SAID ACQUISITION AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS IN THE EVENT THE CITY ADMINISTRATIVE OFFICER IS UNSUCCESSFUL IN REACHING AGREEMENT TO ACQUIRE THE PROPERTY WHEREAS, public convenience and necessity require the title in fee simple to the property hereinafter described be. acquired by the City of San Luis Obispo for a necessary public use, to wit, for the construction of parking facilities, either surface facilities or multi -level parking structure, to service the downtown San Luis Obispo area. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City of San Luis Obispo acquire title in fee simple to all that certain real property situated in the County of San Luis Obispo, State of California, described and delineated in Exhibit "A ", attached hereto and incorporated herein by this reference. SECTION 2. That the public use for which said property is to be acquired is for the construction of parking facilities,either surface facilities or multi- level parking structure, to service the downtown San Luis Obispo area; that there is a demonstrated need for additional parking in the downtown San Luis Obispo area for the customers and employees of downtown businesses; that in the judgment of the Council the property will best service the public use and necessity stated here. SECTION 3. That Section 37350.5 of the California Government Code authorizes the City of San Luis Obispo to acquire said property by eminent domain. SECTION 4. That this Council hereby finds and determines as follows: a. The public interest and necessity require the proposed downtown parking facilities. b. The proposed parking project is located in the manner that will be most compatible with the public good and least private injury. R 4309 Resolution No. 4309 (1980 Series) c. The property described herein is necessary for the project. SECTION 5. That notice has been given to the property owners pursuant to Section 1245.235 of the California Government Code of Civil Procedure and this Council has held a hearing pursuant to that Section which hearing has been noticed and held on October 28, 1980. SECTION 6. That the City Administrative Officer be and he is hereby authorized and directed to negotiate with the owners of the property described herein for the process of acquiring fee title for the aforementioned public purpose; that any acquisition so negotiated shall be conditionally only and shall not be binding on the City of San Luis Obispo unless and until the City Council ratifies and approves said negotiated acquisition by appropriate resolution. SECTION 7. That in the event the City Administrative Officer is unsuccessful in making conditional agreement for acquisition of the property, then the City Attorney is hereby authorized, directed and instructed to initiate eminent domain proceedings in the San Luis Obispo Superior Court to acquire fee simple title to the property. SECTION 8. At the time of adoption of the resolution there are all or part of 3 lots included in the total property to be acquired pursuant to this resolution. The owner of the lots is: Lucksinger Leasing, Inc., c/o J. A. Feliciano, 264 Daly Avenue, San Luis Obispo, CA 93401. SECTION 9. That in the event the property or any portion thereunder can be acquired as a result of negotiations ratified and approved by the City Council, City shall assume the cost, if any, of title transfer, tax on deed of conveyance, recording fees and premiums for title insurance; that taxes shall be prorated to date of acquisition of title, whether acquired by negotiations or as a result of eminent domain proceedings. SECTION 10. City Finance Director hereby is authorized and directed to issue or cause to be issued checks upon the appropriate account or accounts of the City as follows: Resolution No. 4309 (1980 Series) a. As to any parcel acquired by ratified and approved negotiations or settlement prior to trade, then, upon instruction of the City Administrative Officer, checks shall be made payable to a title company selected by the City Administrative Officer authorized to do business in San Luis Obispo County to be directed to this title company through the City Administrative Officer's office, accompanied by appropriate escrow instructions. b. As to any parcels acquired as a result of eminent domain proceedings, then, upon instruction of the City Administrative Officer, said check shall be made payable to the Clerk of the County of San Luis Obispo to be delivered to said Clerk through the City Administrative Officer's office for disbursement in warrant in connection with final judgment or acquire title in fee parcels. On motion of Councilman Munger , seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Munger, Mayor Cooper, Councilmembers Billig and Dunin NOES: Councilman Bond ABSENT: None the foregoing Resolution was passed and adopted ATTEST: CITY C J. FITZPATRICK APPROVED: Cit =Stif,MfLr fficer City Attorney 28th day of October , 1980. x "I" (-4.< r 0 r m 41. NJ - H - M 0 fD n 00 10 0) W :5 0 4� -7 Vk 0 (D 0 m F� CL z .. .: F -6 0 0 0 ?1 m m r 0 '(D M CO 0 0 M 0 MS LO p :0 0 :3 En o 1-60 U) CL > M P-h :3 CL rr C fD (Dr rp Cr M CO m PALM 5T. rt rt w r? �-4 r V =• (D -:,m ;r 0 co 0 lb 0 fD 0 0 -4 0 m rt t� m D3 0 En H. r� rD 0 m 0 00 rD 23 4- 0 :rd P-h .:C 0 - Do 0 0 CL r? 0) (D ?1 0 0 rr W co 0a 0 w SD CL pi H rT M CD 0 (-4.< r 0 r m 41. NJ - H - M 0 fD n 00 10 0) W :5 0 4� -7 Vk 0 (D 0 m F� CL z .. .: F -6 0 0 0 ?1 m m r 0 '(D M CO 0 0 M 0 MS LO p :0 0 :3 M P-h :3 CL rr :7' r V =• (D 0 (D (D*: H lb 0 0 zi m D3 H r? 0 00 rD 23 4- 0 :rd P-h .:C 0 0) (D ?1 :4 w SD CL pi M CD 0 :j rl 00 �-j 0 (D W rr 0 0 0 ro 0 I-h M In w m pi �o rt LX ED . ........ o m -V n CD ID K 0 7 dd, OD /(?4- RESOLUTION NO. 4428 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 4307 (1980 SERIES) TO MODIFY A CONDITION OF APPROVAL OF TRACT 939 WHEREAS, on October 28, 1980, the Council adopted Resolution No. 4307 (1980 Series) copy attached, marked Exhibit A. granting approval, with numerous findings; variances and conditions, of a tentative map for Tract 939; and WHEREAS, the Tract 939 subdivider has requested a modification to one condition of Resolution No. 4307 (1980 Series), to wit a reduction from 50 feet to a 40 foot right -of- way dedication for the extension.of Hill Street from Lincoln Avenue to the boundary of ' the tract; and WHEREAS, after hearing, this Council wishes to grant the subdivider's request; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Subsection 9 of Section 2 of Resolution No. 4307 (1980 Series) hereby is amended to provide that subdivider shall dedicate to the city 40 ft. of right -of -way for the extension of Hill Street from Lincoln Avenue to the boundary of Tract 939. SECTION 2. As amended hereby Resolution No. 4307 (1980 Series), with all findings, variances and other conditions remains in full force and effect.. On motion of Councilman Dunin and on the following roll call vote: seconded by Councilwoman Billig AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing.Resolution was passed and adopted this ATTEST: .ctingCity C1 rk Dame a Vo e of March , 1981. R 4428 Resolution No. 4428 (1981 Series) Approved: City Admin ra a Of ff6er /v V City Attorney RESOLUTION NO. 4307 (1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO GRANTING APPROVAL OF TENTATIVE TRACT NO. 939 LOCATED AT 565 HILL STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this council, after consideration of the tentative map of Tract 939 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 is 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 environmental impact report prepared for Tract 735 is adequate to address impacts of the project. 9. The project contains suitable conditions to mitigate significant adverse environmental impacts of noise and visual effects by noise attenuation walls and special house construction and defined building areas to preserve scenic open space. Variances The following variances to Subdivision Ordinance requirements are hereby approved, based upon the findings below: 1. Allow less frontage on lot 10 and Lot 11 than normally required. 2. Construction of a "very steep or rugged area" standard street without providing parking bays normally required and without providing sidewalks on either side of the street. 3. A cul-de -sac length of approximately 1700 feet where a maximum of 500 feet is required. R 4307 Resolution No. 43 Q? °:1980 Series) t Page 2 ( �, Tract -939 Findings: A. The variances requested do not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. B. Because of special circumstances, the steep terrain, and the size of the proposed lots, the strict literal application of the Subdivision Ordinance would deprive the property of privileges enjoyed by other properties in the vicinity. C: Under the circumstances of this particular case., the exceptions requested carry out the spirit and intent of the Subdivision Ordinance. SECTION 2. That the approval of the tentative map for Tract 939 be subject . to the following conditions.: I. Final map shall show proposed lots 9, 10 and 11 combined into one lot, and proposed lots 12, 13, 14 and 15 combined into two lots for a total of eleven lots. 2. Subdivider shall provide public utility easements along all frontages and along access driveways to the approval of utility companies and the City Engineer. 3. Subdivider shall install water line in Hill Street to be looped under Highway 101 to Brizzolara Street. Said water line shall be.sized to provide 1500 gallon per minute fire flow from its connection to the city cross -town feeder line. 4. Subdivider shall install fire hydrants to the approval of the city Fire Department. Public water mains shall serve all fire hydrants. Easements shall be provided if necessary. 5. Subdivider shall extend public water main in access driveway serving lots 10 and 11. 6. Subdivider shall install sewer laterals to each lot.in the tract as part of the subdivision improvements and extend sewer main under Highway 101 to Brizzolara Street-to-the approval of the.City.Engineer. 7. Subdivider shall extend public sewer main in access driveway serving Lots 10 and 11. 8. Final map shall note that sewage ejector pn;.:ps may be required on lots 1 through 3. 9. Subdivider shall dedicate to the city 50 ft. right- of- way.for the extension of Rill Street from Lincoln Avenue to the boundary of this tract Subdivider shall improve said right -of -way with 30 ft. of pavement and asphalt berms on both- sides. (If subdivider is unsuccessful in acquiring the right -of -way to dedicate to city, city shall acquire the right -of -way through its power of eminent domain provided subdivider shall reimburse city of all costs of acquisition, including litigation, appraisal, and cost of land. Further, city in no way guarantees °. that it will be successful in exercising its power ot eminent domain: e.e.. uestions of public use and necessity may overcome its attetpt.) Resolution No. 43Q '1980 Series) Page 3<.i Tract 939.. 10. Subdivider shall plant pine trees, to the satisfaction of the city's Public Services Department in fulfilling the city's street tree requirements. 11. Subdivider shall construct all streets in the tract to a traffic index of 4.0. 12. Final map shall show an easement along existing unimproved road across lots 10 and 11. Said easement shall provide access to property known as 557 Hill Street (former use permit application U0869). 13. All drainage must be carried to a point of adequate disposal subject to the approval of the City Engineer based upon a lot -by -lot analysis of the sub- division to protect owners- of adjacent residences." Subdivider shall construct a drain pipe under common access driveway serving lots 10 and 11. 1.4. Final map shall note that.grading is restricted on all lots in the tract to driveways, areas within building foundations and outdoor yard areas within the designated building envelopes as approved by the City of San Luis Obispo Community Development Director. 15. Final map shall note that houses Built on lots l through 8 shall be provided- with noise attentuation wall surrounding the sides and rear of said houses subject to the approval of the Community Development Director. The wall shall define useable outside areas protected from the freeway noise to the level of 60 db consistent with the Noise Element of the city's general plan, and EIR prepared for Tract No. 735. 16. Final map shall note that houses built on lots 1 through 8 shall be provided with wall assemblies to mitigate noise to 45 db in the interior of house con- sistent with mitigation measures recommended in the EIR prepared for Tract No. 735. 17. Final map shall contain a note that if during construction of tract improvements (e.g., streets, utility lines, etc.) any evidence of`archaeological resources are found, all work shall stop and an archaeologist or other appropriately trained professional approved by the Community Development Director shall be called in to further analyze evidence found in the area. All cost of future analysis shall be the subdividers . responsibility. 18. Subdivider shall provide a 4 -ft. wide graded flat.area behind all curbs where sidewalks are not to be installed. 19. A perpetual.open space easement shall be granted to the city for the entire area above the 320 -foot elevation within the tract boundaries subject to the approval of the city attorney. The open space easement will be to maintain the area in its natural open space character. The:easement shall. run with the land and provide the following limitation on use or alterations of the area. A. No structures will be placed or erected upon said premises. B. No advertising of any kind or nature shall be located on or within said premises. C. Owner shall not plant nor permit to be planted any vegetation upon said premises except as ;may be associated with erosion control and soil stabilization allowed by this easement, consistent with the scenic character of the property. Resolution No. 43� '198.O.Series) J Page 4 Tract 939 D. Except for the existing road and the maintenance thereof, the general topography of the landscape shall be preserved in its natural condition. No grading shall be allowed. E. No extraction of natural resources except for water. F. No removal of natural vegetation except for fire protection or elimination of deceased growth as approved by the city. 20. Subdivider shall construct common access driveway serving lots 10 and 11 with pavement to a width of 19 feet and provide concrete curb on the down- hill side with an AC berm on the uphill side. -- 21. Subdivider shall file with the city for recording a common access driveway agreement, consistent with provisions of the city's zoning ordinance. 22. Houses shall be sited to take advantage of passive solar opportunities. 23. Prior to recording the final map, the subdivider shall submit designated building sites subject to the approval of the Community Development Director. 24. Final map shall contain a note that a qualified engineering geologist shall review building and grading plans and provide.the city with recommendations re: drainage, slope stability, etc. On motion of Councilwoman Billig, seconded by Councilman Dunin, and on the following roll call vote: AYES: Councilmembers Billig, Dunin and Cooper .NOES: Councilmembers Bond and Munger ABSENT: None the foregoing resolution was passe ATTEST: city Resolution No. 43( 1980 Series) Page 5 Tract 939_ /AWIT-6]"DIF City Admini -tr t ve Officer City Attorney Community D I elopme t Director /City-,En ineer o ,r � I �" " �.� •tom � I q � �°'' � a�' a yr •'..'• qd titso r ' - .,,$ -.•,. �' "tom � t .. <.�• `, , \ � `i�•1 �( a Oki all i � L �� ' �,` ,..�,'�,..✓ •� L /• -_ . �{ it a N a' 4J . RESOLUTION NO. 44270981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO PRECISE PLAN NO. PD 0673 TO ALLOW A RADIO STATION IN THE PROJECT ON A TEMPORARY BASIS WHEREAS, following all required preliminary and final hearings, Precise Plan No. PD 0673 heretofore has been approved by City, said Plan governing development of property zoned R -2 -PD and located at 2895 South Higuera Street; and WHEREAS, the property owner has requested City to amend No. PD 0673 to allow a radio station in the project on a temporary basis; and WHEREAS, by Resolution No. 1682 -81 (copy attached, marked Exhibit X and incor- porated herein by this reference) the Planning Commission has resolved to approve the requested amendment; and WHEREAS, this Council desires to approve the requested amendment on the same terms and conditions as those imposed by the Planning Commission; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council' ;hereby approves the amendment to Precise Plan No. PD 0673 as requested in application No. PD 0673 -A, and, further, adopts and incorporates herein as applicable to this approval, the findings, approvals,., terms and conditions set out in Planning Commission Resolution.No. 1682 -81. On motion of Councilman Bond , seconded by Councilman M„gar f and on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper NOES: None. ABSENT: None the foregoing Resolution was passed and ATTEST: Acting City Clerk Pamela Vozes R 4427 1 I Resolution No. 4427 (1981 Series) Approved: City Admini a ve 'Officer City Attorney � Director of C unity Ieelopment EXHIBIT „ ,X„ SAN LUIS OBISPO.CITY PLANNING COMMISSION RESOLUTION 1682 -81' WHEREAS, the Planning Commission of the City of San Luis Obispo did con- duct a Public Hearing in the Council Chamber of the San Luis Obispo City Hall, San Luis Obispo, California, on February 25, 1981, pursuant to a proceeding instituted under application No. PD 0673 -A by Keith:Bruington. AMENDMENT REQUESTED: Amend precise development plan,to allow a radio station in the project on .a temporary basis.. PROPERTY DESCRIPTION:. On file in the office of Community Development; City Hall. GENERAL LOCATION: 2895 South Higuera Street PRESENT ZONE: R -2 -PD WHEREAS, said commission, as a result of its inspections, investigations, and studies made by itself; and in its- behalf, and of testimonies offered at said hearing, has established existence of the following circumstances and approved the amendment request based on the following: 1. The proposed amendment will not be detrimental to the health, safety, and welfare of'persons living or working in the area. 2. The proposed amendment conforms to the general plan.. 3. The proposed amendment will not have a significant environmental impact on the site. NOW, THEREFORE:, BE IT RESOLVED that application No.. PD 06734 be approved as follows: The approved precise development plan be amended to allow a radio station in the project on a temporary basis for a period not to exceed one year with the station to be phased out in three (3) phases as shown on attached exhibits,A, Resolution No. 1W 1 J Pd 0673 -A Page 2 B and C and subject to the following modifications and conditions: 1.. A minimum of seven (7) parking spaces shall be permanently installed adjacent to radio station /community building and additional temporary parking spaces shall be provided on Los Gatos Court as approved by the Community Development Director for temporary use by the radio station. Parking spaces shall be installed per approved plans prior to occupancy of any house in the project. 2. Applicant shall submit an affidavit agreement for city attorney approval stating that home purchasers are aware of and agree to temporary use.of community building as radio station not to exceed a maximum of five (5) years. Applicant shall subni-t copies of signed affidavits to the City Attorney prior to the close of escrow for each home sold. This condition shall not apply when radio station has left the project. 3. Applicant shall guarantee conversion of radio station to community building by a cash deposit with the city. Amount of deposit shall be determined by the Community Development Director. 4. Applicant shall provide a hazard insurance policy to insure the replace- ment-value of the Community Building, used temporarily as a radio station. City Attorney shall review and'aoprove. said policy prior to occupancy of any house in the project. 5. All uses and site development improvements shall return to those as originally approved on. July 11, 1979, as the approved precise development plan, except modified driveway at project entrance off South Higuera Street. 6. Applicant shall submit for City Attorney approval an indemnification agreement to be filed with the State Department of Real Estate which shall indemnify and hold harmless any homeowner, leasee or assigns and the homeowners association of any cost, liability, or damages incurred during construction or remodel of the project community building or related site improvements. The indemnification agreement shall further hold harmless any homeowner, leasee or assigns and the homeowners association from any liability which may be incurred by the project developer in assuring removal-of the temporary radio station from the project site.. This condition shall be met prior to occupancy of any house in the project. The foregoing resolution was adopted by the Planning Commission of the City of San Luis Obispo on February 25, 1981, upon the motion of Commr Drucker, seconded by Commr. Bullock.. Resolution No. 1681 -82 ' PD 0673 -A Page 3 VOTING: AYES: Commrs: Drucker, Bullock, Andrews; Findley and De Neve NOES: None ABSENT: None VACANCIES: Two Henry Engen, Secretary. Planning Commission of the City of San Luis Obispo DATED: February 25, 1981 T- 2 Ta r. -ID 71. I IBM I W" o �. t. �. non Mal on CUM CL2 Sol ILI LL Lij :d no a-K- OL 94 Comm lj� • • qI' — \ v LQ RL �.' g'iz�T77FSol`0 lu TIM �~ - �ti i � � • I� � '• �..:cyr., .. j {F �n Sill }hI: % --`��- _1r D - { STS C'• '•o ._� Av iJ'• L � • p ter- b � � \ " , ` ' e 1 d't- OL FW '� rd' , 1• -J._ %/ -a^' i bF 0- -4, _ l: fno7�3sn1�v So'1 `• — N' i CL MEMM 6Zmm czmmm i ti1-J .r �\ 1 F• � . `- �l a. � Q LL Q f_i: s I 'U7 sole sod g �•�,. i { i r� -i'�- .t r' - • • F- tr- jas ! {9 s e N •. . -tea - \. - .,u96tc l - - - - Tc1 •_ - h ! - --- -, Q I -, • � - -� - -- ,I -�,=r, s, Vi=i 1 � •-- ream OLE ly ILI SIN z La Nczuu f i � AGREEMENT This Agreement is made between the City of San Luis Obispo, a Political subdivision (hereinafter "City"), Villa Fontana, a California limited partnership (hereinafter "Owner ") and Bruington, Inc., a California corporation (hereinafter "Contractor "). RECITALS 1. This Agreement is made with regard to the following facts: (a) Own. er is the owner and developer of a fifty four (54) unit single family condominium 'project at 2895 South Higera Street, San Lui's Obispo, California. Contractor is the general contractor for Owner on the project. (b) A portion of the. project site, including an old converted farm house and detached garage, are subject to a disputed lease with San Luis Obispo Broadcasting, Inc., which uses the farm house and garage as broadcasting studios and offices for radio stations. (c) On July 11., 19794 the City's Planning Commission approved a Precise Development Plan for the project, Planned Development .No. PD 0673. Said Precise Development Plan requires that the converted garage be removed so that a street can . be constructed at its location and the farm house be converted to a Community Center for the residential development. (d) Although Owner has made good faith attempts to negotiate a settlement of its dispute with the radio station so that the farm ,house and garage would be available for development of the residential project, and has initiated litigation after negotiations failed, Owner has been un- successful in removing the radio station from the property. (e) The project is now completed except to the extent con - struction has been blocked by the radio stations' occupation of the. farm house and garage. Forty -six (46) houses are now ready for sale to the public. (f) At the request of Owner, on March 17, 1981, the City approved an Amendment to said Precise Development Plan allowing the radio . stations to remain on the project site on a temporary basis, changing . the location . of the Community Center from the farmhouse building to Unit 44 until the radio station is removed, relieving Owner of its oibligation to complete construction to the extent blocked by the radio stations, and authorizing the issuance of occupancy permits for the com- pleted houses, subject to certain conditions. (g) This Agreement is made by the Owner and Contractor, and accepted by City, in fulfillment of certain conditions of said Amendment. (h) Said Amendment recognizes that the radio station may -- -- -- - occupy both the farmhouse and the garage for as much as -five years but that the garage now occupied as a temporary sales office may be vacated by the radio station prior to the vacating of the farmhouse. As shown on Exhibit "A," attached hereto and incorporated herein by reference, until the garage is removed, the road designated as Los Gatos Court (now known as Los Feliz Court) cannot be completed and the condominium units served by said road (Units 37 through 43) are denied access. Exhibit "B," attached hereto and incorporated herein by reference, illustrates the condition that would result if the radio station continues to occupy the farmhouse but vacates the garage; upon removal of the garage and com- pletion of the off -site improvements, including construction of Los Gatos Court (Los Feliz Court), the seven condominium units served by said road would be available for sale and occupancy and occupancy permits issued. In that event, it is understood that Unit 44 would continue to be used as the temporary Community Center until the radio station has vacated the farmhouse. Said Exhibit "B" shows the possible use by the radio station of a mobile home adjacent to the farmhouse as a temporary sales office in the event the garage is vacated. As an alternative, it is _ = understood that this temporary radio sales office may be removed from the garage to Unit 43. During the time the radio station occupies the con= verted farmhouse, owner shall provide Unit 44 to the Association free of charge for use as a Community Center. In exchange therefore, the -2- Association shall provide the converted farmhouse and other facilities occupied by the radio station to owner at no charge. Owner shall be responsible for the facilities occupied by the radio station, shall maintain the same and shall collect any rent therefrom. Owner and Contractor shall promptly convert the farmhouse to the Community Center and remove the garage as soon as the radio station has vacated the same. 2. Definitions. (a) For purposes of this Agreement, (1) "Homeowners" is defined to mean the person or entity owning any of the residential units in the Villa Fontana residential sub- division at the time events giving rise to liability hereunder occur, and any member of their family whether related by blood or marriage, and (2) "Association" is defined to mean the Villa Fontana Homeowners Association, a California corporation. Homeowners and the Association are express third party beneficiaries of this Agreement. 3. Obligations of Owner and Contractor.. (a) Owner shall provide to the Association for use as a Com- munity Center, Unit 44 of the project at no charge so long as the radio station occupies the Community Building shown on Exhibits "A" and "B" attached hereto. Owner shall remain liable for all of the responsibilities of a landlord in relation to the radio station and shall indemnify and hold harmless Association therefrom. Owner shall provide a standard coverage fire insurance policy insuring the replacement value of the converted farmhouse, shown as the Community Building on Exhibit "A" attached hereto, to the full replacement value thereof and shall name the Association as an additional insured thereunder. During the time that the radio station occupies any of the facilities located on the project site, the Association shall provide said facilities to Owner for use by the radio station at no charge to Owner and Owner shall be entitled to receive all rents received therefrom and to be solely responsible for and to make all decisions concerning the radio station's tenancy and any and all litigation connected therewith or arising therefrom. The Association's use of Unit 44 as a temporary Community Center and the radio station's use of the - 3 - facilities as shown on Exhibit's "A" and "B" attached hereto, shall con- tinue until such time as the radio station can be legally required to move, but in no event shall such use continue beyond March 31, 1986. (b) Owner and Contractor, jointly and separately, shall pay all costs of converting the radio station facilities and related site improve- ment to the Community Center and completing the adjoining streets and- houses. It is understood that should the garage be vacated and removed prior to the termination of occupancy of the farmhouse, such work may be done in stages; in other words, the off -site improvements, including the. Los Gatos Court (Los Feliz Court), are to be completed following the vacation of the garage building even though conversion of the farmhouse is delayed until it is thereafter vacated. Said work shat a one in sub---- stantial compliance with the Precise Development Plan approved by the City on July 11, 1979 and the construction plans approved by the Building Department of the City on April 5, 1980. (c) Owner and Contractor, jointly and separately, shall indem- nify and hold harmless Homeowners and the Association from all costs of removing the radio station.from the Villa Fontana property at such time as the radio station can legally be required to move. (d) Owner and Contractor, jointly and separately, shall pay for: (1) Any personal injuries to Homeowners, their leasees, assigns, guests, or invitees, and (2) Any damage to the property of Homeowners, their leasees, assigns, guests or invitees, and of the Association, proximately caused by any negligent acts of Owner, Contractor, their subcontractors, agents, servants, and employees, during the construction and conversion by Owner or Contractor of the Community Center, related site improvements, and adjoining unfinished streets and houses. 4. Conditions. (a) As an express condition precedent to Owner's or Con- tractor's obligations hereunder, any person or entity seeking to make any claim hereunder shall first give written notice to Owner and Contractor in - 4 - accordance with the provisions hereof within 100 days of the occurance of any event on which the claim is based. (b) In no event shall any action be commenced against Owner or Contractor based on any of Owner's or Contractor's obligations under this Agreement more than one year from the date the event on which the action is based occurs. 5. Exclusions (a) This Agreement expressly is not made for the benefit of San Luis Obispo Broadcasting, Inc., its owners, agents, employees, suc- cessors and assigns, and creates no rights or priviledges in said entity or said persons, or in any other entities or persons not expressly made a party or beneficiary of this Agreement. (b) This Agreement does not give any rights in the City, Homeowners or the Association, or create any obligations on the Owner or . Contractor, to require completion of construction of the common area in the project, any of the unfinished homes on Los Gatos Court (Los Feliz Court), or the Community Center prior to the time the Owner and Con- tractor may lawfully take possession and convert the existing farmhouse and detached garage structures presently located on the project site. (c) This Agreement does not give the City, Homeowners or the Association any rights nor create obligations on Owner or Contractor, to complete construction of the project Community Center, the adjoining Lin - finished streets, and .houses in any manner except in substantial com- pliance with the Precise Development Plan approved on July 11, 1979 and the construction drawings approved on April 5, 1980.. 6. Information to Homeowners and Department of Real Estate (a) Promptly upon execution of this Agreement by the City, Owner and Contractor", a signed copy shall be filed by Owner with the Department of Real Estate of the State of California in Sacramento, - California. (b) Owner shall give written notice to the. initial purchaser of each of the condominium units of the fact that the Community Building shown as part of the condominium plan will be occupied and used by a - 5 - 0 radio station for a period not to exceed five years, that Unit 44, will be Made-available to the Association for its temporary use as a Community Building during the period that the farmhouse is so occupied by the radio station, that said Unit 44 will be made available to the Association and the owners for such purpose and period at no cost, other than the costs of maintenance, , and that the .Owner, so long as the radio station continues to occupy the farmhouse and garage; or any part thereof, shall have the use of those areas so occupied by the radio station free of charge, col- lecting all rent and being responsible for all maintenance of said property during said .period. Said notice shall provide for acknowledgment of receipt of a copy thereof and an agreement to the terms thereof by each original purchaser of: a condominium unit in the project. Said notice and acknowledgment of receipt may be in the form of a recordable agreement, in which case, if recorded, notice to subsequent purchasers of the condo- minium units will not be required. (c) One . year after (1) completion of. the Community Building and related site improvements 'in substantial compliance, with the Precise Development Plan as) approved by the City on July 11, 1979, and (2) issuance of a Certificate of Occupancy therefor, provided that no lawsuits are then on file in San Luis Obispo County against Owner or Contractor based on any of their obligations hereunder, either Owner or Contractor may require City to execute a release in recordable form acknowledging that (1) Owner and Contractor have fulfilled their obligations hereunder, (2) Owner and Contractor have no further. Liability hereunder to City, Homeowners or the Association, and (3) notice to purchasers of the condominium units set forth in Paragraph 6(b) is no longer required. 7. Miscellaneous (a) Parties agree that the Recitals set forth above are true, are material consideration. for entering into this Agreement, constitute warranties and representations of the parties to each other, and are in- corporated herein by :reference. (b) Except as specifically set forth herein, .Owner and Con- tractor make no other_ representations and.warranties to City. (c) In drafting, negotiating and entering into this Agreement, each party has been represented by independent counsel of its own choosing and no adverse inference shall be drawn nor interpretation made of any ambigious terms based on authorship or draftmanship of this Agreement. (d) Any party hereto, including the third party beneficiaries, shall have the right to waive any provision or condition of this Agree- ment which is for such party's benefit, but no act of any party shall be construed to be a waiver of any provision of this Agreement, unless such waiver is in writing and signed by such party. (e) This Agreement cannot be amended except by a further - - Agreement in writing executed by City, -Owner and Contractor. (f) All notices required or permitted hereunder shall be in writing and shall either be delivered in person or shall be sent by cer- tified mail, return receipt requested, and shall be deemed received three (3) days after deposit in the mail, postage prepaid, addressed as set forth below, with copies as indicated: If to City: George Thatcher, City Attorney P.O. Box 321 San Luis Obispo, California 93406 If to Owner: Villa Fontana c/o Keith Bruington P.O. Box 30667 Santa Barbara, California 93105 With a copy to: John S. Poucher, Esq. Hollister & Brace P.O. Box 630 - Santa Barbara, California 93102 Carl Hayes, Esq. Duenow, Burke & Smith P.O. Box 1446 San Luis Obispo, California 93401 If to Contractor: Bruington, Inc. . P.O. Box 30667 Santa Barbara, California 93105 - 7 - With a copy to: John S. Poucher, Esq. Hollister & Brace P.O. Box 630 Santa Barbara, California 93102 ,Notice of change of. address shall be give I n by written notice in the manner detailed above. (g) This Agreement shall be governed by and, construed in accordance With the law of the State of California. (h) This Agreement shall be binding upon and :inure to- the benefit of the parties hereto! the third party beneficiaries, and the heirs, successors and assigns of the parties in the third party bene- ficiaries. This Agreement in the rights of the parties hereto and the third party beneficiar:ieS shall, not be assignable without the written con- sent.of all other pat-ties. (i) This instrument contains the entire Agreement between the parties. relating to the rights herein granted and the obligations herein assumed. Any oral, rep resent6tions or modifications concerning this instrument shall be o .; f no force or effect except a subsequent modification in writing, signed by the party to be charged : (j) No partial invalidity of this .•Agreement shall affect the remainder. (k) Venue for any action brought i ag6.nst- any party to this Agreement which includes any claim arising out of or connected with this Agreement shall be exclusively in a court of competent jurisdiction in San Luis Obispo County. M Each party hereto,, and any party claiming any rights hereunder, agrees to execute any and all further documents that may reasonably be required to carry the provisions of this Agreement into effect. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By George Th-aEh-dr; .City Attorney CITY OF SAN LUIS OBISPO By As autho-tized by Resolution No. 4427 By HOLLISTER & BRACE: VILLA FONT . ANA, A P ofessional. Corporation a Limited ��tne�h.ip By B) Jo n S Pouches: - Attorneys for Villa Fontana, a Limited Partner.sh*ip, .and Bruington, Inc. Keitff K. BrCjingtba; " Ge'neral Partner of San Luis Obispo Investors, the General Partner of Villa Fontana, a Limited Partnership 8RUINGTOW, INC. Eb 3 8 y JSP005/G Wom 7Z r,= -/ N C22�> CL C12 U LU- lU 17- sill. U3 Li Lt I �, 7 „',_., _ nn I c < :D I- z: ILI AN rc,hMn LL ul AN rc,hMn t . — C:_: . �•.? tom. .�- -g___ -_ _ _ � # L =_ / Q f a _)j 7]_ ��a. T— irJ S �i � �4 .'- •�, ,� �cF ; �.f _ -_ . \� � �� �. ._ ��d: }� \yam`, �J _ _�•� \i � ./ a %y / II• `_.� v i•x� - - :r'!.•' � t�- �l'rfJ Zpl�°I SOS — i t . GIe I ` -. _ 1..'/ a1 - .....,..• — +••- . 14 3 n11;1• F .. �1 I.'i i�r ' l ,i �y ,- �C�i _ � `� 7._''''j'�'1. -�t�. � - n II:•;��.1 '' js is �^ ' —�� rt �_ > °` "• -" _ -- �s� � //ice! � __� .�� ':.••�, �s.•� -�•-. _ � I�. Q tom`, ` .. C•'J.'� -��i'' _T••_ -;t f (C _ c� '� IL ER �� - /FF�1��{{ V K J 1 i' � �. j/- � - •1 i� �._.fti;f__1.�no�a" �ni-ly So'I � '�:� ` QL f'�� ' / ,,/ �; '�\ -}—i _�.��,: -''1 ,.t'T�. 1 •1 -' `,.r� r, _ _c;�`I 1`�' Z � Yi� t �' r RESOLUTION N0.4426(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -156 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 80 -156 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan._ 2. The site is physically suited for the proposed type and density of development which is permitted by the A /C -40, C -H -S and R -2 -PD zones. 3. The design is not likely to cause substantial environmental damage or cause serious health problems. 4. The design of the proposed subdivision wi l l not conflict with public easements for access through or use of property within the proposed subdivision. 5. The proposed parcel map is granted a negative declaration of environmental impact. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -156 be subject to the following conditions: 1. Subdivider shall construct access driveway within flag portion of the Parcel C lot only. No site. grading shall occur on parcel C except for driveway installation, until permits for site development are approved. Common driveway within an easement shall be constructed as subdivision improvements. 2. Subdivider shall remove portions of retaining wall for Dennis Transfer and Storage which encroaches into area defined as parcel C. 3. Subdivider shall provide landscape planting and screening consistent with a plan approved by Community Development Department staff for those portions of parcel C access driveway not devoted to the pavement. Landscape planting, irrigation system and screening shall be installed as subdivision improvements. 4. Subdivider shall install guard rail along the top of the dri vway retaining wall to the satisfaction of the City Engineer. R 4426 Resolution No. 44261981 Series) Minor Subdivision 80 -156 Page 2 5. Separate sewer and water service with meter at South Higuera Street frontage shall be provided for proposed parcel C. 6. Drainage facility shall be provided for parcel C to the satisfaction of the City Engineer. Improvements shall be installed as subdivision improvements. 7. Subdivider shall grant to the city an open space easement on the A /C -40 zoned portion of Parcel C. subject to the approval of the Community Development Director with the following provisions: A. No structures will be placed or erected upon said premises except appurtenances for agricultural uses consistent with the open space character and intent of this document. B. No advertising of any kind or nature shall be located on or within said premises. C. Owner shall not plant nor permit to be planted any vegetation upon said premises except as may be associated with erosion control or agricultural uses allowed by this easement., consistent with the scenic character of the property. D. Except for the construction of city- approved buildings and roads and . the maintenance thereof, the general topography of the landscape shall be preserved in its natural condition. E. No extraction of natural resources except for water. F. No removal of natural vegetation except for fire protection or elimination of deceased growth. 8. Subdivider shall record a common access driveway agreement for parcels B and C, consistent with provisions of same in the city zoning ordinance. On motion of Councilman Munger , seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Munger, Mayor Cooper, Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None r Resolution No. 4426(1981 Series) Minor Subdivision 80 -156 Page 3 (J the foregoing resolution was passed and adopted this 17th day of march , 1981. Acting City C1erk Pamela Vo / APPROVED: City Administrative Officer City Attorney Aeak6:,64 &Or—� Community De elopment rector RESOLUTION NO. 4425 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE /OPEN SPACE ELEME14T OF THE GENERAL PLAN.TO_MOVE..THE URBAN.RESERVE,LINE NEAR THE "ORCUTT EXPANSION AREA" (GP 913B) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan changes, in accordance with the California Government Code and the General Plan Amendment Regulations of the City; and WHEREAS, this action is one of several actions comprising the general plan amendment first heard by the Planning Commission in January, 1981; and WHEREAS, the potential environmental impacts of.the action have been described in the Environmental Impact report for the Open Space Element, certified by the City Council January 26, 1981, in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the changes; and WHEREAS, the changes to the Land Use /Open Space Element map are fully described in Exhibit A. attached to and made a part of this resolution. NOW THEREFORE, BE IT RESOLVED BY THE Council of the.City of San Luis Obispo as follows: 1. The Land Use /Open Space Element map is amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the maps and publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4425 T RESOLUTION NO. Page 2 (1981 Series) On motion of ' Councilwoman Billig . seconded by Mayor C6oDer , and on the following roll call vote: AYES.: Councilwoman Billig, Mayor Cooper, Councilmembers Bond, Dunin and ?Munger NOES: None ABSENT: None the foregoing Resolution was passed and adopted thh* 17th day of March , 1981. ATTEST: CITY. C ERK / APPROVED: City Administrative Officer Alwlolroio`.�-- Cit§ Attorney Community I. velopmen irector 0 Map showing cha. e _1x�ozed by Ptanni 9f commtz,wn ajIff pubZic heaAtng 1-2.3-8,. P, -N: r% % 1%j ev P .. ... .. e-I r': A Id/1 3 Af'. ry X INTERIM AGRICULTURE to CONSERVATION/AGRICULTURE "QRCUTT I,* r IL JJ rs A U el fa. MOVE URB4 All. dt, Ae. ,11 /,.. LINE TO ell A A;j ............................... ........................ P. r ........ ........ ........................ ................. ................. X. MTV n P. f-4 IL LC -tj- RESOLUTION NO. 4424(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE /OPEN SPACE ELEMENT OF THE GENERAL PLAN TO CHANGE THE DESIGNATION OF AN AREA ON HATHWAY AVENUE FROM MEDIUM — DENSITY RESIDENTIAL TO MEDIUM -HIGH DENSITY RESIDENTIAL (GP 909) WHEREAS, the Planning Commission and City Council -have held public hearings on the subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the City; and WHEREAS, this action is one of several actions comprising the general plan amendment first heard by the Planning Commission in January 1931; and WHEREAS, the potential environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the change to the Land Use /Open Space Element map is fully described in Exhibit A, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use /Open Space Element map is amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in -the maps and publications which-are on-display in City Hall and which.a"re- made available to the public. . 3. This action shall take effect thirty days from the date of adoption of this resolution. On motion of Councilman Bond and on the following roll call vote: seconded by Councilman Munger , AYES: Councilmembers Bond, Munger and Mayor Cooper NOES: Councilmembers Billig and Dunin ABSENT: None R 4424 m I I � RESOLUTION NO. 4424 Page 2 (1981 Series) the foregoing Resolution was passed and adopted this 17th day of March , 1981. ATTEST: ACTING CITY CL RK APPROVED: City---Adidlffs rative Officer - A�Q"- CC y Attorn y Community De elopment Girector . ��, r,- _ ?y�; •��yr: - �._''�f ^5...�L�. ±�.'. „ir.'_ °«'.t= c�{„rT':.�,a.�l•�.'n'Y_; r,�:' _` —t.• .l,%. '1 Ya •`�_ y a l4 _`r /„ l ( l ,t i• \ ! -• ^'.�._.c �.t a: f i C "(.,•. i:'•'y4 1 °,I �( �. v e rc-i ..�`� , (~"; : r .S.r!'.., .. _(`•C i ��% i r: C•? f. r,! if_,.w {'::�,t 'f cr.tt;, b � �•::��(% (' - ,•.f �'�. -� ..r•• �• ri,�,. � yf' . {'^'i(! (w._f ^, {. _/,..r,,.. �-): r' ,�,.��t` a'C. °i S�C.0 r: r`::a• :f- i ,'\ '.. t .''• -� 'Y''. �"'�` -.,. r' ..�if4f:e .C�.; C_•_.: r. ..,Y. /- fr r^.•5�..:�.•, CS'•'f s'S'<�: C,;•r s�•c r_ . �✓ � SC.; _ , •S� .pii „ : • � C,'r' f••.!C; r :. t~�.'C . 1� • fr,'•` f t� "• �• i:. iw: '�'•'•'�'�'''� �'•. , . �\ :1 . _ .,r ''�.• ?. �: . �.,t..+,.• P.r'pr.F. • r i�_'�ai• ti ':a.. :•h•i::: ? ?:•t..r�. 1 •y {', t `i.•r (_. 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N� ;.j Z � RESOLUTION N0. 4423 (1981 Seri ) N A RESOLUTION OF THE COUNCIL OF THE CITY OF A E SAN LUIS OBISPO ADOPTING A PROCEDURE FOR FILLING N I VACANCIES ON THE CITY COUNCIL, AND IMPLEMENTING (G� SAID PROCEDURE FOR APPOINTMENT TO A VACANCY TO _JW OCCUR ON APRIL 1, 1981. Q AS, there will be a vacancy on the City Council after April 1, 1981; and !AS, there is no City procedure or policy for the guidance of the public. lil concerning the filling of vacancies on the Council; and ?AS, this Council desires to adopt such a procedure, and to implement said connection with the vacancy which will occur on April 1, 1981. �THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo ON 1. Policies and Procedures for fllingvacancies on the City Council. ,ouncil Appointment within 30 days; or call Special Election. ?er City Charter Section 406, the Council shall by a majority vote of M� = V -he remaining Council members appoint a replacement member to the Council X W iithin 30 days of the occurrence of the vacancy. If no appointment is W v de within said 30 days, the Council shall set a date for a special . election to fill the vacancy. B. Open and public procedures for appointment. In order that the public may know how its business is being conducted, all phases of the Council process to appoint a replacement member to a vacancy shall be conducted in public. C. Advertise for applicants to fill vacancy. At least ten days before the Council meets the first time to select a replacement member for a vacancy, the City shall advertise in a local newspaper of general circulation describing the vacancy and term thereof, and requesting applications from those persons interested in being appointed. D. Qualifications. Although the only two established minimum qualifications for appointment are R 4423 Resolution No. 4423 (1981 Series) (i) residency in the City for at least 30 days prior to appointment, and (ii)elector status at the time of appointment (Charter.Section 403), each applicant shall submit a petition signed by no less than 20, nor more than 30 registered voters, together with a written statement of 200 words or less covering.at least the following areas: 1. The amount of time available each week to devote-to the Council; 2. Reasons for wanting to be appointed. 3. Involvement in community affairs and organizations, especially in the preceding 12 -month period. 4. Personal qualifications for the position. 5. Prior experience in government, or areas associated with or doing business with government. E. Public Meeting. 1. At a time or times selected by the Council, a meeting open to the public shall be held by the Council to consider the selection of an applicant to fill the vacancy. 2. The applications shall be given to the Council and be available to the public at least four days before the opening of the meeting. 3. Members of the public may submit written comments regarding an applicant at any time up to 24 hours before the meeting begins.: 4. At the meeting each applicant and two other persons designated by the applicant may speak up to three (3) minutes in support of his or her application; comments not in support of a candidate shall also be limited'to three (3) minutes. 5. Thereafter, all discussion shall be confined to the Council except for questions directed by the Council to staff or to members of the public. 6. Upon the conclusion of such discussions, the Mayor shall open the floor to nominations by the remaining Council members. All nominations, -2- Resolution No. 4423(1981 Series) seconding, and voting shall be done audibly in public. 7. If no person is appointed, the Council may adjourn the meeting from time to time to attempt to reach a decision at any time within 30 days of the occurrence of the vacancy. SECTION 2. Implementation of- Procedures for Existing Vacancy. A. Urgency. Many critical decisions confront the City in the next few months, including budgeting, employee negotiation, capital improvement program, and similar once -a -year matters. It is important that a full Council of five members be available to serve the public, and that the vacancy which will occur on April 1, 1981, be filled as soon as possible. B. Implementation of Section 1 Procedures for April 1 Vacancy. This Council hereby directs that the procedures adopted in Section 1 hereof be implemented at.once.in connection with the filing of the Council vacancy to occur on April 1, 1981. Specifically, the City Clerk is directed to advertise for applicants at once pursuant to Paragraph C of Section 1. On motion of Mayor Cooper , seconded by Councilman Munger and on the following roll call vote: AYES: Mayor Cooper, Councilmembers Munger, Billig and Dunin NOES: Councilman Bond ABSENT: None the foregoing Resolution was passed and adopted ATTEST: acting City glerk Pamela Vges -I- s 17th day of March , 1981. R. Resolution No. 4423 (1981 Series) Approved: City Admirffstrative Officer & City Attorney c-,4- U RESOLUTION N0. 4422 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF A GENERAL MUNICIPAL ELECTION HELD MARCH 3, 1981 WHEREAS, a General Municipal Election was held in the City of San Luis Obispo on the 3rd day of March, 1981, which election was duly held and conducted in the manner provided by the Charter of the City of San Luis Obispo, and as provided by law for the purpose of electing a Mayor and two (2) City Councilmembers; and three charter amendments. WHEREAS, under the provisions of City Council Resolution No. 4404 (1981 Series), the City Clerk was ordered to perform the official canvass of the March 3, 1981 Municipal Election pursuant to the election laws of the State of California; and WHEREAS, a statement of the results of said election has been duly entered by the City Clerk in the minutes and records of the City Council. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo ,that: Section 1. The whole number of votes cast in said election within the City of San Luis Obispo was 9,437. Section 2. The names of the persons voted for, the office for which each person was voted for, the number of votes given at each precinct to each person and measure, are shown by the tabulation of votes, marked Exhibit "A" and attached hereto, and by this reference incorporated herein as though fully set forth. Section 3. MELANIE BILLIG, the candidate having received the highest number of votes cast at said election for the office of Mayor, is hereby declared elected to such office for the term prescribed by the City Charter. R 4422 Resolution No. 4422 (1981 Series) Section 4. RONALD. DUNIN and ALLEN SETTLE, the two candidates having received the highest number of votes cast at said election for the office of City Councilmember, are and each of them is hereby declared elected to such office for the term prescribed by the City Charter. Section 5. The City Clerk is hereby directed to sign and deliver to each of said Melanie Billig, Ronald Dunin and Allen Settle a certificate of election certifying to her /his election to her /his respective office, as hereinbefore set forth. Section 6. The following measures amending the City Charter, having been voted on and approved by the voters are hereby approved. Measure A Amend the City Charter to change the date of the General Municipal Election to the first Tuesday after the first Monday in November in each odd numbered year, change the date when elected officers terms commence and extend the terms of existing officers by eight months. Measure B Increase the Mayor's salary to $500.00 per month and councilmembers' salary to $350.00 per month, effective April 1, 1981. Measure C Amend the Charter to allow the publication of a summary of a proposed ordinance in lieu of publication of the entire text of the proposed ordinance. On motion of Councilman Munger , seconded by Councilman Dunin , and on the following. roll call vote: AYES: Councilmemb "ers Munger, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of March 1 1981. J Resolution No. 4422 ATTEST: Acting City Clerk)la6 Voges "U", VIDISIR Administrdtfl& Officer City Attorney i Acting 'City Clerl (1981 Series) i Ji. d- CERTIFICATE I, Pamela Voges, the Acting City Clerk of the City. of San Luis Obispo, certify that the following is the final statement of votes cast at the General Municipal Election held in the City of San Luis Obispo, California, on March 3, 1981. 1 - Number of registered voters in city 21758 2 - Number of votes cast in city 9437 3 - Tabulation of votes by person: For Mayor Floyd Hitchcock 3371 Melanie Billig 6220 For Councilmember Glennadeane F:. Dovey 3618 Sylvia Drucker 2157 Ronald Dunin 4690 Gerald Munger 2607 Allen K. Settle 4561 Ronald Bearce 814 4 - Tabulation of votes by precinct (Exhibit "A ") 5 - Tabulation of votes by person (Exhibit "A ") 6 - Tabulation of absentee votes: Ballots received 1000 Applications filed 441 Ballots issued 441 Ballots returned 388 Ballots counted 388 Ballots destroyed 559 Spanish ballots received 350 Spanish ballots issued 4 Spanish ballots destroyed 346 7 - Tabulation of absentee votes by person (Exhibit "A ") Witness my hand and the seal of the City of San Luis Obispo this 5th day of March 1981. l /�7- _ Pamela Voges Acting City Clerk J . Fit atrick Election Supervisor Iz n Iz 'OI7 OI I� m oI 01 J ri C r G r• C 0 �• H l o n r. G n v r* w o H• H G G G r* 7 n � I� N 41 O I A O N -_n V 00 O — lP WI In V N — N N V1 O .-• W O W I Idol H O �0 W W W v v C o r- I CO ^ 00 C V 1.: I� w I T. � I W 11'•1 m z lool m H r'• Si IwI C W W 00 7 C H Un o n Ln O co r oo Imo. I H r I < C I I I ! o I I I I V Iii -' IN! 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O` O In , « — V O v 00 w « N In ol, z � I I N � N -- V l.n 41 In rn m N �-- � N V+ O\ W �•-� I I jo« o% — N O` O V 00 00 � V V IO I j O N v -- N W pJ O �O N N O \D Ln In w %0 N IO N « W N N X- « ON 00 ON W N W N � 00 n z n O H r t=� > o H m <O d H m Lr v: n r-I L n H o ICI V V N -i In a i I I I j I co I I I Ij « 00 INI 00 j O CN i � II Ii j O ICI 1 I 00 O� 00 I N 7 v IN m _ z O W N rn wl 3 I � H I n N �O «I r j r nym In H o zo « j O Imo. j I I � INI 00 �I 11 j I « a INI N ICol I 1 I� 1 W II tOi V « W W O O H r < cc o cn n z Ln V co RESOLUTION NO. 4421(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO URGING THAT THE LEGISLATION ADOPT AB115 TO DELETE HOUSING PROVISIONS FROM THE PLANNING AND MANAGEMENT POLICIES OF THE CALIFORNIA COASTAL ACT OF 1976 WHEREAS, the Coastal..Act, as originally conceived, was based on a mandate of the voters of California to preserve the coast and to insure public access to coastal areas; and WHEREAS, the Coastal Act, since it became California law, has far exceeded the original intent and purpose of the citizens by the inclusion of a housing element; and WHEREAS, since the regional commissions came into existence only two local governments out of the sixty -seven who are required to have a local coastal plan have had their plans certified; and WHEREAS, much of'the unnecessary and costly delay in coastline planning can be directly attributed to the Coastal Commissions' arbitrary imposition of housing requirement; WHEREAS, AB115, introduced by Assemblywoman Ryan, completely removes the Coastal Commissions' authority to be in the housing business; NOW, THEREFORE, BE IT RESOLVED 'that:: then•Council of the'City�:of SaniiLuis Obispo strongly urges the adoption of AB115. On motion of Mayor Cooper , seconded by Councilman Bond , and on the following roll call vote: AYES: Mayor Cooper, Councilmembers Bond, Billig, Dunin and Munger NOES: None ABSENT: :done the foregoing Resolution was passed and adopted this 17th day of March, 1981. ATTEST: Acting City Clerk Prmela Vl?tes R 4421 Resolution No. 4421 (1981 Series) Approved: City Admini rative Officer O *a.OF j 'THE CITY MANAGER -� CI Y OF R�:DOO D � : E GH CALIFOO FtNIA 419 DIAMOND STREET REDON DO BEACH, CALIFORNIA 90777 January 28, 1981 Mayor of the City of San Luis Obispo City Hall 990 Palm Street San Luis Obispo, CA 93401 Dear Mayor: The Redondo Beach City Council, at its regular meeting of Monday, January 26, 1981, unanimously adopted a motion in support of Assemblywoman Ryan's AB 115 which would eliminate the Coastal Commission's authority to be in the housing business. Your support for this legislation and the communication of that support to your legislator would be greatly appreciated. Yours ery truly, avid P. Dolter City Manager hs cc: Assemblywoman Ryan Senator Beverly League of California Cities (Sacramento office) Mayor and City Council TELEPHONE (213) 972 -1171 3 -3 >R Z 4 TORRANCE -' 0 L 0 • "ANA N 00- Dear Mayor.: i CITY OF TORRANCE 3031 TORRANCE BOULEVARD, TORRANCE CALIFORNIA 90503 JIM ARMSTRONG. MAYOR TELEPHONE C2133 326 -5310 February 23, 1981 The Torrance City Council recently adopted a resolution in support of Assemblywoman Marilyn Ryan's bill, AB 115, removing the Coastal Commission's authority to deal with lo- cal housing issues. We urge all coastal cities to support this legislation and work for its adoption. We feel that AB 115 offers an important tool in returning local control to city govern- ment. As you know, the original intent of the Coastal Act was to preserve the coast and to insure public access to the coastal area. Recent Coastal Commission actions regarding housing requirements far exceed these goals and cause unnec- essary cost and delay in coastal planning. Enclosed please you to take similar housing element. JA /fg Enc. find a copy of our resolution. We urge action to maintain local control of your RESOLUTION NO. 2528 A RESOLUTION OF THE CITY OF EL PASO DE ROBLES SUPPORTING THE CONTINUATION OF THE LOCAL COASTAL COMMISSION AND THE TERMINATION OF THE STATE COASTAL COMMISSION AFTER JUNE, 1981. WHEREAS, the South Central Coast Commission as presently constructed represents the interests of the coastline for San Luis Obispo,.Santa Barbara and Ventura Counties; and WHEREAS, being a local commission; the needs, resource capacities and constraints of the area are well known and the needs of the public of the State of California to Access, Housing, etc., under the Coastal Act can be more readily addressed; and WHEREAS, the State Commission is peopled by members that may reside 1100 miles apart; and WHEREAS; the perceived needs of.the cities -of Crescent City, San Francisco, Newport Beach, Santa Barbara, Pismo Beach etc., may not be the real needs; and WHEREAS, these local and visitor needs are well known to local people; and WHEREAS, service on the State Commission requires an excessive amount of one's time, it passes the opportunities. for service on this Commission to those who have the time to serve, not -necessarily those.who should or are the best qualified to serve. THEREFORE., IT IS RESOLVED that.the.City of E1 Paso de Robles supports the termination of the STATE COMMISSION and the continuance of the LOCAL COMMISSION. IT IS FURTHER RESOLVED, that the City Clerk send a copy of this resolution to the cities' representatives of the'California Legislature, the South Central Coast Commission, the San Luis Obispo County Board of Supervisors and the six cities in San Luis Obispo County. PASSED AND ADOPTED this 3rd day of February, 1981- by the following vote:.. AYES: Councilmen Monroe, Parish, Stemper:and Schwartz NOES: None ABSENT: Councilman Minshull i MAYOR Bar ey Schwartz '%j F46 610 . i961 Cijs Cdr OB�s�0 .CA STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ISS. CITY OF EL PASO DE ROBLES DONALD B. KEEFER I, ................................................... :.........e ..:... -- -- -- -- • -..... City Clerk of the City of El Poso de Robles, California, do hereby certify that the foregoing ------- Re501ution No........ 52.. ............. was duly and regularly adopted, passed, and approved by the City Council of the City of.El Paso de Robles, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the ._.3!'d...._..... day, of February 19 .... 1_...., by the following vote: AYES: Councilmen ___. Monroe, Parish, Stemper and Schwartz NOES: Councilmen .... &n.e .............. .. ABSENT: Councilmen Min.S.b01. 3rd Februar Dated this day of ............... . . . .. .......................... y 19._81.. City Clerk and Ex- Officio Clerk of y Council, City'of El Po ;c de Rp61es, State of Ca ifornio. Deputy City Clerk tom. "_.'RESOLUTION NO. 81 -20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TORRANCE URGING THAT THE LEGISLATION ADOPT AB115 TO DELETE HOUSING PROVISIONS FROM THE PLANNING AND MANAGEMENT POLICIES OF THE CALIFORNIA COASTAL ACT OF 1976. WHEREAS, The Coastal Act, as originally conceived, was based on a mandate of the voters of California to preserve the coast and to insure public access to coastal areas; and WHEREAS, the Coastal Act, since it became California law, has far exceeded the original intent and purpose of the citizens by the inclusion of a housing element; and WHEREAS, since the regional commissions came into existence only two local governments out of the sixty -seven who are required to have a local coastal plan have had their plans certified; and WHEREAS, much of the unnecessary and costly delay in coastline planning can be directly attributed to the Coastal Commissions' arbitrary imposition of housing requirements; WHEREAS, AB115, introduced by Assemblywoman Ryan, completely removes the Coastal Commissions' authority to be in the housing business; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Torrance strongly urges the adoption of AB115. Introduced, approved and adopted this 17th day of February , 1981. ATTEST: /s/ Sherie L. Nelson CITY CLERK APPROVED AS TO FORM: STANLEY E. REMELMEYER City Attorney By BILL QUALE Deputy City Attorney /s/ James R. Armstrong MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss CITY OF TORRANCE I, SHERIE L. NELSON, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the City Council of the City of Torrance at a regular meeting of said Council held on the 17th day of February + 1981 by the following roll call vote: AYES: COUNCILMEMBERS: Applegate, Brown, Geissert, Rossberg,- Walker, Wilson and Armstrong. NOES: COUNCILMEMBERS: None. ABSENT: COUNCILMEMBERS: None. /s/ Sherie L. Nelson City Clerk of the City of Torrance RESOLUTION NO. 4420 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING REVENUE SHARING 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. That the following revenue sharing budget account be increased to provide funds for the preparation of Landscape plans for the Jack House: Account No. Description Amount (90) 30- 5762 -729 Jack Residence Rehabilitation $6,000.00 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 17th day of March , 1981. ATTEST: _ACTINA -CI Y C aRK P TLA VOGES APPROVED: R 4420 I` RESOLUTION NO. 4419 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SEDES FOR PREPARATION OF ALL NECESSARY LAND- SCAPE PLAN SERVICES FOR THE JACK HOUSE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and SEDES is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: SEDES; City Finance Director: City Recreation 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 ATTEST:: ACTING CITY/CLERK P IELA ,VnG S APPROVED: City m' st a ive fficer i dop dithis 17th day of March 1981. 14 41f 17 LYNN R. P R 4419 l A G R E E M E N T SEDES THIS AGREEMENT, made and entered into this 17th day of March 1981, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of California, herein- after "City," and SEDES, hereinafter "Consultant." WITNESSETH: WHEREAS, City desires to retain certain services for preparation of all necessary landscape plan services as set out in Exhibit A, attached hereto and incor - porated herein by this reference; and WHEREAS, City desires to engage Consultant to provide these services by reason. of its qualifications and experience for performing such services, and Consultant has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of the conditions and terms contained herein, the parties hereto agree as follows: 1. PROJECT COORDINATION. a. City. The Director of Recreation shall be the representative of the City for all purposes under this agreement. The Director of Recreation hereby is designated as the Project Manager for the City. He shall supervise the progress and execution of this Agreement. b. Consultant. Consultant shall assign a single Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. 2. DUTIES OF CONSULTANT. a. Services to be furnished. Consultant shall provide all specified.services as set forth in Exhibit A. b. Laws to be observed. Consultant shall!. (1) Keep itself fully informed of all existing and future federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in Consultant's performance \'1 under this Agreement, or the conduct of the services under this Agreement; (2) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above- c. Release of reports and information. Any reports, information, data, or other 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. c. Copies of reports and information. If City requests additional copies of reports, drawings,, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the services under this Agreement, Consultant shall provide such additional copies as are requested, and City shall compensate Consultant for the costs of duplicating of such copies at Consul- tant's direct expense. 3. COMPENSATION. For the full performance of the services described herein, the City shall compensate Consultant as set out in Exhibit A. 4. CHANGES TO SCOPE OF WORK. The parties may, from time to time, request changes in the scope of work of this Agreement to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant. shall be incorporated in written amendments to this Agreement, and no work shall be done by Consultant on a proposed amendment until the City executes the Amended.,Agreement.. 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 as provided in Exhibit A. -2- c. Time extensions may be mutually agreed upon in writing for delays caused by City, other governmental agencies, or factors not directly brought about by the negligence or lack of due care on the part of the Consultant. 6. TEMPORARY SUSPENSION. The Director of Recreation shall have the authority to suspend this Agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or the failure on the part of 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 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 the 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. b. Return of materials. Upon such termination, Consultant shall turn over to the City immediately any and all materials whether or not completed, prepared by Consultant, and for which Consultant has received reasonable compensation, or given to Consultant in connection with this Agreement. Such materials shall become the permanent property of City. Consultant, however, shall not be liable for City's use of incomplete materials.or for City's use of complete documents if used other than the project contemplated by this Agreement. 8. INSPECTION. Consultant shall furnish'City with'every'ieasonable opportunity for'City to ascertain that the services of Consultant are being performed in accordance with the requirements and intentions of this Agreement. All work done and all materials furnished, if any, shall be subject to the City's Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its -3- obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS. All original materials prepared by or in possession of Consultant pursuant to this Agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. 10. INDEPENDENT JUDGMENT. Failure of City to agree.with Consultant'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. 11. ASSIGIOMT: 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. 0. Box 321 San Luis Obispo, CA 93406 To Consultant: SEDES 1041 Chorro Street San Luis Obispo, CA 93401 13., INTEREST OF CONSULTANT. Consultant convenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. It is expressly agreed that, in the performance of the -4- services hereunder, Consultant shall at all times be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY. Consultant hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Consultant under this Agreement or of Consultant's employees or agents; b. Any and all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody or control of Consultant, or in proximity to the site of Consultant's work, caused by any negligent act or omission of Consultant under this Agreement or of Consultant's employees or agents; c. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Consultant under this 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.; d. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Consultant under this Agreement; and e. Any and all penalties imposed or,.damages sought on account of,the violation of any law or'regulation,or any term; "or condition of.any permit, when said violation of any law or regulation or of any term of condition of any permit is due to negli- gence on the part of the Consultant. Consultant, at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by -5- third persons against City, its officers, agents or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action, or other legal proceeding, when same were due to negligence of the.Consultant. 15. WORKERS_CONPENSATION. Consultant certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of this Code, and it certifies that it will comply with such provisions before commencing the performance of the work of this Agreement. 16. INSURANCE. At the request of the Director of Recreation, Consultant shall provide proof of comprehensive general liability insurance (including automobile) and professional liability insurance in amounts satisfactory to the Director of Recreation. 17. AGREEMENT BINDING. The terms, convenants, and conditions of this Agreement, shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns and subcon- tractors of both parties. 18. WAIVERS. The waiver by either party of any breach or violation of any term, convenant, or condition of this Agremeent or of any provision, ordinance or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, convenant, condition „ ordinance or.law. The subseauent acceptance by either party of. any fee or other money: which"may.become'due Hereunder shall not b'e deemed to be a waiver of any preceding breach or violation by the other party of any term, convenant, or condition of this Agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action between the parties to this Agreement brought M 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. DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. 21. AGREEtIENT CONTAINS ALL UNDERSTANDING. This document represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument signed by both City and Consultant. All provisions of this Agreement are expressly made conditions. This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, City and Consultant have executed this Agreement the day and year first above written. ATTEST: s /PAM VOLES ACTING CITY CLERK PAMELA VOGES SEDES C f' By Its i CITY OF SAN LUIS OBISPO s/LYNN R. COOPZR MAYOR LYNN R. COOPER -7- n EXHIBIT A JACK HOUSE GARDENS - PREPARATION OF LANDSCAPE PLANS AND OTHER DOCUMENTS AS INDICATED SEDES shall perform the following tasks and produce the listed products on or before the dates indicated. SEDES shall be compensated in the total amount of $6,000 for work under this Agreement, $1,000.00 payable April, 1981, $1,000.00 payable May, 1981 $2,000.00 payable June, 1981 and the balance of $2,000.00 to be paid upon completion of the work hereunder to the satisfaction of City in accordance with the City's normal procedures for disbursement. TASK PRODUCT Prepare design program based on Program Synthesis interpretation of original program. 1. Perform site analysis and prepare Site Analysis base research materials study Base Historical/ concerning historical /horticultural horticultural research background. REVIEW PRODUCT(S) WITH JACK HOUSE COMMITTEE Prepare several design schemes Site design 2. and /or segments of the gardens alternatives which reflect findings and review of Task #1 REVIEW PRODUCT(S) OF TASK #2 WITH JACK HOUSE COMMITTEE AND ARCHITECTURAL REVIEW COMMITTEE COMPLETION April 13, 1931 April 13, 1981 April 27, 1981 . April 27, 1981 Prepare master plan and A Master Plan 3. renderings reflecting decisions A color perspective and review of Task #2. rendering May 18, 1981 A rendered master plan showing plan segments FINAL REVIEW OF PRODUCT(S) OF TASK #3 14ITR JACK HOUSE AND ARCHITECTURAL REVIEW. COMMITTEES May 18, 1981 - -- PRESENTATION TO CITY COUNCIL'---------==-----=---= '----- - - - - -- June 2, 1981 Prepare detailed segment plans keyed Detailed segment plans to Master Plan. Such plans shall be complete in themselves providing all Material.specifications 4. materials, dimensional, irrigation, drainage, lighting, electrical, planting Material Take -off list and other information necessary to for each segment plan. construct the individual segments �l EXHIBIT A -page 2 TASK PRODUCT COMPLETION Prepare material specification and material take -off lists for each segment plan. Prepare a historial interpretation 4. of the Gardens suitable for (cont'd)inclusion in a visitor's brochure. Prepare a maintenance program and a maintenance impact report. A historial interpretation of the Jack House Gardens A maintenance program A maintenance Impact Report June 15, 1981 REVIEW TECHNICAL PRODUCT(S) OF TASK #4 WITH STAFF FROM RECREATION, COMMUNITY DEVELOPMENT AND PUBLIC SERVICES Week of June 15, 1981 Make corrections and /or Finalized documents June 30, 1981 5. additions or deletions as determined in review with City staff In addition to but not included in the base contract price of $6,000, SEDES agrees to furnish up to but not to exceed 40 hours of construction supervision and coordina- tion at one -half (31) hourly principal rate as listed in their current salary agree- ment with the City of San Luis Obispo if said construction is accomplished within two years of the signing of this agreement. SEDES also agrees to assist City staff in presenting the plans and documents before three potential financial backers of this phased program for rehabilitation at no cost to the City. + 1 : RESOLUTION NO. 4418 (1981 Series) J A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -79 -161 LOCATED AT 2260 BEEBEE STREET, BLAKE PRINTERY.; SUBDIVIDER BE IT RESOLVED by the Council fo the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map SLO-79 -161 as contained in Resolution No. 3959 (1979 Series). SECTION 2. Whereas a bond for the amount of $10,150 has been deposited with the City of San Luis Obispo, to guarantee completion of required improve- ments as described in the attached agreement, to be released upon approval of the City Engineer. SECTION 3. This Council now grants final approval of Parcel Map SLO- 79 -161 and authorizes the Mayor to sign the agreement. On motion of Councilwoman Billie , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of Marc+ 1981. /0) LYNN R. ATTEST: ACTING CITY CLE P' e1E1 VOGES R 4418 \1 APPROVED: City Administrative Officer IXALd4.. City Attorney Aity- E rieer , r RESOLUTION NO. 3959 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 79 -161, LOCATED AT 235 SOUTH AND 2222 BEEBEE STREETS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 79 -161 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of develop- ment which is permitted by the M zone. 3. The design is not likely to cause substantial environmental damage, or -cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public ,ease- ments for access through, or use of, property within the proposed subdivision. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 -161 be subject to the following conditions: 1. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. — 2. Subdivider shall dedicate approximately 26 feet, consistent with adopted plan line, across entire South Street frontage of parcel B to the city for street widening purposes. 3. Subdivider shall install frontage improvements across entire South Street frontage of parcel B. Said improvements shall consist of curb, gutter, side- walk, base and paving to the approval of the.Public Services Department. 4. Subdivider shall install street trees across the frontage of parcel B to the approval of the Public Services Department. 5. Final map shall note vehicular access to parcel_ B from .South Street shall be limited to one driveway., 6. Final map shall note a portion of parcel A is within a flood hazard zone. Note shall be to the approval of the City Engineer. 7. Subdivider shall install a 12 -inch water main and 8 -inch sewer main in South Street right -of -way from Beebee Street across entire frontage of parcel B. R 3959 Resolution No. 3959 (1979 Series) Minor Subdivision 79 -161 Page 2 8. Subdivider shall pay water and sewer fees as determined by the City Engineer prior to final map approval. On motion of Councilman Jorgensen seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of September 1979. sip , NN R. CCD TR Mayor Lynn R. Cooper ATTEST: &Q.H. F1 7PATRICK City Clerk J.H. Fitzpatrick APPROVED: City Administrktrive Officer City Attorney Community Development Director AGIZi `.',TNT i THIS AGREEMENT, dated this d:ry of (�((�/ 19 81 , by and between SLAKE herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City" W I T N'E S S E T 11: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the.City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final Parcel Map S.L.O. 79 -161 2260 Beebee Street City of San Luis Obispo, California ", as approved by the Citv Council, on the eday of ,� _ ,19 . WHEREAS, the Subdivider desires that said be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Sub- divider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. NUIV 'THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES S. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspcc- tion and approval of such facilities.by the City, each public utility shall be required to file a letter stating that the developer has prop- crly installed all facilities to he provided by him, and that the said utility is prepared. to prrovidc service to resident "s ulion rec ;uost. 7. ANY fi ALL OTHLIZ IMPROVIi NIL N'TS shown On piaii's or re- gUired by City regulations. All thL'.above facilities shall be installed ill the location; designrnted and to the plans and spccifications.on file and approved by said Cit). Engineer The lines and gr;,lcs for :!11 of said improvements Shall he cstahlshed by the Subdivider ii: nccordan. - with said apnro -cd plai.s and specifications. The Suhdivider,ii;recs that the work nF instal ling the above improvements shall begin within thirty--- (30 ) days From the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the following conditions establi- shed by the Planning Commission and /or the City Council. gyp• ' 5 'lo,� 1. Subdivider shall install frontage improvements across entire South Street frbntage of parcel B. Said improvements shall consist of curb, gutter, sidewalk, base and paving to -the approval of the Public Services Department. 2. Subdivider shall install street trees across the frontage of parcel B to the approval of the Public Services Department. 3. Subdivider shall pay water acreage fees of $858.40 (0.74 acres @ $1,160.00 per acre) sewer reimbursement charge of $559.42 and water frontage reimbursement charge of $1658.80 (143 ft. @ $11.60/f t.). 4. Subdivider shall install a sewer lateral and a water service in South Street for parcel B. 5. Subdivider- shall install a street light to City and P.G. & E. standards at a location determined by the City Engineer. 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, U.C. The Subdivider her40 attaches hercro, and as an in�t,firal part hereof, and as security for the performance of this agrc:,mcnt, (instrument of credit /bond) approved by and in favor of the City of San•l,uis obispo, and conditional upon the faithful performance of this ngreement, which said (instrument of credit /bond) is in the amount f of $ 1.0,150._00 and which is in the amount of the estimated cost of said 3 improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 100 of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to.remedy any defects in the improve- ments arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improve- ments according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any.breach of this agreement. If the Subdivider fails to complete the work within the.prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to.complete said improvements, or City may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and material bond in the amount of 500 of the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the sum of $ 304.50 , from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans acid 'specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of 5 Subdivider 304.50 , the difference is to be paid by the Erty^- crf The City reserves the sole discretion in determining -3- 5 G the amounts to he paid for•saiary and C�pcnses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under, this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs,. executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: day of, , 19 Approved as to form - ity At or y day of _ 19 City Engineer a- Attest: //&,-,- City Cle—. 2 W e a c tt pn � C II I 1 b • o t t E a i P n v p 4t t ° n 0 �r fib E o0 2� r; t . i• V Ca V t !1 O w � v b t i� �t 1 k0 A (� /✓, if :f/ r -Y, PO Gi/ �i - -w,.i i> /'l Y,Ow t >/ t 6j% b 11 2Q *tab O / Qaa b „b W0� R 4 �2� 0 `I ill pbut�p 2 • o t t E a i P n v p 4t t ° n 0 �r fib E o0 2� r; t . i• V Ca V t !1 O w � v b t i� �t 1 k0 l v W N V i� �V • v t� �i A (� /✓, if :f/ r -Y, PO Gi/ �i - -w,.i i> /'l Y,Ow t >/ b 11 O / . ago „b W0� R l t �2� 0 `I ill V tp�v �2aQa�i, ly :v6 vQ P ° y ii °C • Q �.. ° r>rc:.ro-- nJar,co cr' \ IU l t rl In n i2 Ift i; Cr.fP 1 ° V E. 0 a n at v •J b :F V �: b � b r% 2�l \ 41 :•i >N ' l v W N V i� �V • v t� �i P °n b�. t� O. OQ� Q .rb � tot ?G kbv \2V h ��y h tea Q b W h n N V l 1 4� V O h 1 1 G i I i i A aIe O / . ago W0� R l t �2� 0 `I ill V tp�v �2aQa�i, ly :v6 P °n b�. t� O. OQ� Q .rb � tot ?G kbv \2V h ��y h tea Q b W h n N V l 1 4� V O h 1 1 G i I i i BONDS AND FEES PARCEL MAP S.L.O. 79 -161 ITEMS TO BE BONDED.FOR: 4" sewer lateral at 2% (z "/ft.) Drainage facilities for parcel B through parcel A Curb, gutter and sidewalk (South Street) $20.00 /L.ft. x 143 ft 6" deep lift (143' x 20' x 0.5')150 lb. /ft.3 x $20.00 /ton 2000 lb. /ton Street trees 143 ft. 5 trees x $85.00 /tree 35 ft. /tree Street Excavation _ 'Water service connection for 1" service for parcel B Street light Contingency of 10% Inflation factor of 10% Sub Total Sub Total • Total Use Labor and materials 50% .iCI-)-�J e b-CW1 FEES Water acreage (f, 1. e;-) ewgr reimbursement 1053.69 x 143' 268.58 Re- €und.:eheek—a-g-reement Water frontage reimbursement $11.60 x 143' (Refund to Kuden - Tract 634) $ 750.00 $ 1000.00 _ $ 2680.00 $ 2145.00 = $ 425.00 $ 500.00 $ 285.00 $ 600.00 $ 8385.00 _ $ 838.50 $ 9223.50 _ $ 922.35 $10145.85 $10150.00. Y $ 5075.00 L ifs' $ 858.40 _ $ 559.42 _ $ 1658. 80 Total $ -2a715.-162- RESOLUTION NO. 4417(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -174 BE IT RESOLVED by the Counci 1 of the City of San Lui s Obi spo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 80 -174 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the C -N and C -H -S zones. 3. The design is not likely to cause substantial environmental damage or cause serious 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-proposed parcel map is categorically exempt-from environmental determination requirements. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -174 be subject to the following conditions: 1. Final map shall show vehicular and pedestrian access rights to South Street for parcel B, dedicated to the city by way of a one one -foot reserve strip to the approval of the City Engineer. 2. Final map shall show vehicular access to Broad'.Street for.pareels A- and,B, with the exception of the driveway on easement shown on tentative map, dedicated to the city by way of a one -foot reserve - strip. 3. Subdivider shall dedicate sufficient area and improve with curb, gutter and sidewalk and street paving on the northeasterly portion of Alphonso Street to accommodate a standard cul -de -sac to the approval of the City Engineer. 4. Subdivider shall replace existing curb, gutter and sidewalk on Alphonso Street, consistent with a plan prepared by the City Engineer providing off -set curb and detached sidewalk, to protect existing camphor trees along said street right -of -way. R 4417 Resolution No. 4417(1981 Series) Minor Subdivision 80 -174 Page 2 5. Subdivider shall record a covenant to construct curb; gutter, sidewalk, 1/2 street pavement, plus a 12 -foot paved tavel lane along the entire frontage of South Street, to be installed on -call by the city, if access is permitted from Parcel B. 6. Subdivider shall install street trees to city standards along all street frontages of parcels A and B to the approval of the Public Services Department. Existing street treees shall be considered. 7. Subdivider shall install interim frontage improvements at Emily and South Street intersection of parcel C to the approval of the Public Services Department. 8. Subdivider shall install storm drainage improvements and provide storm drainage easements to the approval of the City Engineer prior to approval of the final map. 9. Final map shall not be recorded until the final action to abandon portion of Emily Street is taken by the city. On motion of Councilman Bond , seconded by Councilman 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 17th day of March , 1981. ATTEST: ze�z-_"_74(/. Acting City Clerk Pamel Voges Resolution No.4417(1981 Series) Minor Subdivision 80 -174 Page 3 APPROVED: City Administrative Officer City Attorney Community De elopment rector F RESOLUTION NO. 3900 (1979 . Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF EMILY STREET SOUTH OF SOUTH STREET RIGHT -OF -WAY. 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 Emily Street south of .South Street right -of -way as shown on the.map marked Exhibit "A" attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. 'Copies of the map and agreement showing the particulars of the proposed abandonment are also on file in the Office of the City Clerk. SECTION 3. Tuesday, August 7, 1979, at 7:45 P.M., in the Council Chambers of the City Hall, 99b .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 newpaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along that portion of the street proposed to be abandoned at least ten (10) days before the date set.for hearing in accordance with Section 8322 of the Streets and Highways Code._ SECTION 6. The proceedings to be taken will be subject to reservation by the city of public easements for utilities and drainage across the right-of- Way to be abandoned. R 3900 6 r .b Resolution No. 3904�) C (1919 Series) On motion of Councilman Dunin Seconded by Councilman Jorgensen and on the following roll call vote: AYES: Councilmeinbe:..3 Dunin; Bond, Billig, Jorgensen and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of July 1919. ATTEST: CiKAIerk2 J.H. Fitzpatrick Approved as to form: City Attorney Approved as to content: City Adm ve 0 i "¢er i y En i eer_ Community Development V ector Im V a STREET TO 15S AI961400wEo EX/11/15/ 7A RESOLUTION- NO. 4196(1980 Series) A RESOLUTION OF THE CITY Or SAN LUIS OBISPO CITY COUNCIL APPROVING A -M,11-'T,Vr . - 'IONTII TIME EXTENSION FOR NTNOR SUBDIVISION 79-101, LOCATED AT 2238, 2246,, and 2252 BROAD STREET. WHEREAS, the subdivider requests a twelve-month time extension to receive approval of his final map; and I%THEREAS, the Planning Commission found that the request for time extension is justified, fie - d, and recommends approval; and WHEREAS, the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves that Minot Subdivision No; 79-101 . is granted a twelve2mo n , tirtime extension to,July.3, 1981* subject to original tentative parcel map conditions as specified in City Council Resolution No. 3888 attached hereto. On motion of Councilwoman-Billig seconded by .Councilman Dunin and on the following-roll call vote: AYES: Councilmembers. Billig, bunin Munger and I layor Cooper NOES. None ABSENT: Councilman Bond the foregoing resolution was passed and adopted this 1st day of July ATTEST: Ci ;e- -eer ��kJ If.. Fitzpatri-c-k R 4196 Rcsolution No. 4L96(198O Series) Minor Subdivision. No. 79-101 Page 2 . . APPROVED: - ' - City Administrative Officer Community Divel-opment(birector City Attorney a 4 RLSOLUI il.vl F.O. 381 >8 A RLSOI_U( iOi1 OF THE C01 'JCIL OF THE CITY OF SAN I-Il i S .OB I Si'0 GRAM I NG APPROVAL OF 1ENTAFiVE MINOR SUL'DIVIS10iI a0. 79 -101, LOCAiED AT 2238 -2252 BROAD STREET AND 2201 Ei•IILY STREET (1979 series) BE IT RESOLVED by 'the Council of the City of San Luis Obispo as folIot•zs: SECTION 1. That this Council, after consideration of the tentative map of Elinor- Subdivision No. 79 =101 and the Planning Commission's reIccrjnendat ions , staff recommendations and reports thereon, markes the fgllowing findings: 1. The proposed parcel reap and design are consistent with the General Plan 2.. The site. is physically suited for the-proposed type and density of development l',hich is permitted by the C -H zone. 3. The design is not likely to cause substantial environmental damage or cause serious public health problems. 4. Tire design of the proposed subdivision will not conflict t•,ith the public easc{nents for access through; or use of property t•;ithin the proposed subdivision. SECTION 2. That the approval of the tentative map for Minor Subdivision 79 =101 be subject to the following conditions: 1. Final map shall show vehicular and controlled pedestrian access rights to South Street for parcel A dedicated to the city by tray of a one -foot reserve strip to the approval of the City Engineer. 2. Final reap shall shop vehicular access to Broad Street for parcel A, with the exception of such driveways as may be approved by the Planning Co:cmission, dedicated to the city by gray of a one -foot reserve strip. 3. Subdivider shall dedicate sufficient area and improve with curb; gutter, side;ralk. and street paving easterly portion of Alphonso Street to accommodate a standard cul -de -sac to the approval of the City Engineer. 4. Subdivider shall install and /or •repair frontage improvements along Broad and Alphrinso Street frontages to the approval of the City Engineer arid. Public Services Department. 5. Subdivider shall install interim frontage improvements at Emily and South Street intersection of parcel A to the approval of the City Engineer and Public Services Department. 6. Subdivider shall install street trees on all frontages of parcel A except South Street to the approval of the Public Services Department. 7. All new lot corners shall be staked by a registered civil engineer or liccnse(l surveyor. B. Sllb(11V1 ler shall install $tOril dr'a na.on lfiipl'0'�'eimnnts and provide stot -ml dr'aina(_rc easements to the approve of the City Engineer prior' to approval of the final inap. On motion of Councilman dornensen, seconded by Councilman_ Dunin, and on follo.iing roll call vote: AYE: Councilncmbcrs Billig, Bond, Dunin,.Jorrensen and n3 or Cooper NOE: i:nnc 1, BSE I'll T: ,onc R 3858 Oil Ilor Stj I I d i v i i m I I , j — I Ol The f0l'c(P i 119 I-e ',()I" L i 011 WOS pissed and adopted L h is 3rd day of July, 1979- (1919) NUEST: — CC,-ER it ;-pqtrick - Mayor Lynn R. Cooper lu Approved as to ronil: Approved as to content: - -- !?'� , , .. _ � ;;�i/ /ice' City Attorney City n i s�t'4r —at i -v'j--O T-f 1 —cp Development --D i- — at ri e nt i a s RESOLUTION NO. 4416 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING DISPOSAL OF A SURPLUS SWIMMING POOL COVER WHEREAS, the City is in possession of a substandard swimming pool cover in nine 16' X 75' sections, all of which have been replaced by the manufacturer at no cost to city; and WHEREAS, eight of the replaced sections are surplus to city's needs; NOW, THEREFORE, BE IT. RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The described surplus sections shall be disposed of as follows: (a) City shall retain one section for emergency use at Sinsheimer Pool. (b) City shall give two sections to the Natoma Council of the Camp Fire Girls to protect their camp pool. (c) City shall provide six sections to the San Luis Coastal School District in exchange for surplus lapidary shop equipment having greater value than the six surplus pool cover sections. On motion of Councilman Bond , seconded by Councilwoman Billig__� and on the following toll call vote: AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper NOES -. None ABSENTS None the foregoing Resolution was passed and adopted this ATTEST: ACTING CITY LERK PAM2LA 0 day of March , 1981. R. R 4416 • Resolution No. 4416(1981 Series) Approved: City Adm istre`ive Officer 17 ACTING SOLUTION NO. 4415 A RESOLUTION,'OF THE: COUNCIL SAN LUIS OBISPO INCREASING FUND APPROPRIATIONS FOR THE (1981 Seri* OF::THE CITY OF ,APITAL IMPROVEMENT 1980/81 FISCAL YEAR BE IT RESOLVED.by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following appropriations account is increased to provide additional funding for the construction of the Police Department parking lot expansion. Account No. Description Amount (90) 40- 4061 -638 Police Department $50,000 Parking Lot Expansion SECTION 2. That $50,000 be,transfered from the General Fund Unappropriated Balance to the Capital Improvements Fund. On motion of Councilman Munger seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Munger, Mayor Cooper, Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of March , R 4415 REOLUTION N0. 4414 (19 81 Series) O 0 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: "POLICE PARKING LOT EXPANSION" CITY PLAN NO: E -31 ESTIMATE: $116,000.00 . BIDDER: R. BURKE CORPORATION BUDGET ACCOUNT: 40- 4061 -633 BID AMOUNT: $115,077.60 AL 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 Munger , seconded by Mayor Cooper , and on the following roll call vote: AYES: Councilman Munger, Mayor Cooper, Councilmembers Billig, Bond and Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1081 ATTEST: ACTING CITY 'CLERK PAM i 0 APPROVED: City Ad his rative Officer City Atto F nan Directo 3rd day of March R 4414 0 r') RESOLUTION NO. 4413 (1981 Series) A RESOLUTION AMENDING RESOLUTION NO. 4242 (1980 Series) ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN MANAGEMENT PERSONNEL. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That the title of Director of Parks & Recreation is changed to Recreation Director; and 2. That the salary of the Recreation.Director shall be $2.,194. per month.effectve March 1, 1981. On motion of Councilman Munger and on the following roll call vote: , seconded by Councilman Bond AYES: Councilmembers Munger, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of March 1981. Lyn ATTEST: Acting Eity Clefk; am_Voges;: APPROVED: y Admini Ve Officer ' Aj" City Attorney a,,,, 0. Rcui',,.. Personnel Director R 4413 f l r RESOLUTION NO. 4412 (1981 Series) A RESOLUTION AMENDING RESOLUTION NO. 4242 (1980 Series) ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN MANAGEMENT PERSONNEL. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Article I of Resolution 4242 (1980 Series) herein is amended to provide that the salary of the Personnel Director shall be $2,084. per month. On motion of Councilman Munger and on the following roll call vote: , seconded by Councilman Bond , AYES: Councilmembers Munger, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rdday of March, 1981. ATTEST: Acting City Clerk am oges APPROVED: Admin' t'v f icer City Attorney is is is de b 41rec�tor of in Personnel Director R .4412 r RESOLUTION NO. 4411 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1980 -81 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation account.be increased to provide for the emergency replacement of a Police Department, Traffic Enforcement - motorcycle: ACCOUNT NO. DESCRIPTION AMOUNT (80) 01- 4050 -000 Police Department - Vehicles $4,050.00 On motion of Councilman Munger seconded by Councilman Bond , and on the following roll call vote: AYES: Councilmembers Munger, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of March , 19 81. ATTEST: j - CITY CLERK -ACTIN VOGES APPROVED: City Ndtinistrative PffZ65 r city A * * * * * * * * * * 4(_� �P�� R 4411 F nanc ire ez�-- l � 1 RESOLUTION NO. 4410 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1980 -81 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation accounts be increased to provide for the emergency replacement of the heating furnace in Fire Station No. 1: ACCOUNT NO. DESCRIPTION AMOUNT (85) 01- 4163 -000 Fire Station Building Maintenance $3,550.00 On motion of Councilman Munger , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Munger, Bond, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of March 19 81 . ATTEST: �' CITY CLERK ACTING - PAM VOGES APPROVED: City Administrative Off tcer City o ey Fin ire R 4410 4-4. Resolution No. 4409 (1981 Series) - A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO ADOPT THE APPROPRIATIONS LIMIT FOR THE 1980 -81 FISCAL YEAR . BE IT RESOLVED by the Council of the City of San Luis Obispo that persuant to Article XIIIB of the Constitution, and Section 7900 of the Government Code the appropriations limit for the 1980 -81 fiscal year is established at: $10,300,250. 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 3rd day of March 19 81 ATTEST: CITY CLERK ACTING - PM VOGES APPROVED: .f R 4409 J. l Total Revenues $8,604,082 Proceeds of Taxes $6,266,499. Non - Proceeds of Taxes $2,337,583. APPROPRIATIONS LIMIT BASE YEAR 1978 -79 — — — — -0. — — — — i Total Appropriations $10,558,054 Appropriations Subject To Limitation $8,220,471. Deduct Non- Proceeds of Taxes $2,337,583. 1. Classify revenue between "Proceeds of Taxes" and Non - Proceeds of Taxes ". 2. Deduct "Non- Proceeds of Taxes" from Total Appropriations. The result is "Appropriations Subject to Limitation ". e 0 CITY OF SAN LUIS OBISPO 1978 /79 -BASE YEAR APPROPRIATIONS & 1980/81 APPROPRIATIONS LIMIT General Fund 5,830,397 General Fund Reserve 1,000 Facilities Reserve 61,911 Equipment_Replacement Reserves. 127,463 Municipal Bus'Subsidy 88,746 6,109,517 Library Fund 9,980 Library Reserve 20,000 29,980 Park and Recreation 7931407 Park In Lieu Reserve 15,150 Equipment Replacement Reserves 16,960 825,517 Business Improvement Area 421000 Gas Tax (2106/2107) 477,500 SB 325 698,220 _Municipal_ Bus Subsidy 173,000 Handicap-Transit Subsidy 35,000 906,220 Revenue Sharing 8041389 Capital Outlay 1,808,161 Less Enterprise Reimbursement (545,230) Capital Reserve Appropriation 100,000 - 1,362,931 Total Appropriations 78 -79 10,558,054 Less Non - Proceeds of Taxes (Schedule I) - 2,337,583 Appropriations Subject to Limit 78 -79 8,220,471 Calculated Rate of Increase Allowable (Schedule III) X 1.2530 1980 =1981 Limitation 10,300,250 Schedule I t . CITY OF SAN LUIS OBISPO 1978/79 BASE YEAR REVENUES Licenses $ Permits: Construction Permits Other Fines, Forfeits & Penalties Subventions $ Grants: Alcoholic Beverage Fees Proceeds Motor Vehicle In Lieu of Trailer Coach in Lieu Taxes General Fund Taxes: 250,219 Property Taxes 467,737 Sales and Use 2,385,036 Transient Lodging 434,409 Franchise Taxes 202,319 Business License Tax 225,293 Property Transfer Tax 381839 Utility Users 8811503 Licenses $ Permits: Construction Permits Other Fines, Forfeits & Penalties Subventions $ Grants: Alcoholic Beverage Fees 19,569 Motor Vehicle In Lieu 499,3$3 Trailer Coach in Lieu 27,056 Other State Grants: Bail Out 250,219 PUC 4,981 Other Federal Grants Other In -Lieu Taxes 23,902 Charges for Services: Zoning Fees Subdivision Fees Sales of Pubs Police Service Fire Service Plan Check Fees Engineering $ Inspection Abatements Other Services Other Misc. Library Fund Property Taxes 20,782 Schedule II ( . ) Page 1 Non - Proceeds of Distributed Taxes Interest '752289 2,785 24,797 8,367 6,948 45,444 10,191 6,600 7,230 213 34,501 80,216 5,679 16,937 127,211 101 Traffic Safety Fund Traffic Fines 139,499 Parking Fines 94,762 Business Improvement Area 6,037,282 Business License Surcharge 46,037 Other Misc. Revenue 5,819 Gas Tax Funds 311,881 31,309 Page 2 519,467 22,080 Proceeds Non - Proceeds Capital Outlay: of of Distributed 210,058 Taxes Taxes Interest Parks $ Recreation Fund 15,059 TOTALS Property Taxes 139,939 8,604,082 Construction Taxes 39,900 Charges for Services: Park 6 Recreation Fees 731325 Park Concessions 2,854 Golf Course Revenues 36,469 Other Park Revenue 15,525 Traffic Safety Fund Traffic Fines 139,499 Parking Fines 94,762 Business Improvement Area 6,037,282 Business License Surcharge 46,037 Other Misc. Revenue 5,819 Gas Tax Funds 311,881 31,309 Sales Tax SB -325 519,467 22,080 Revenue Sharing 547,097 41,188 Capital Outlay: 6,058,064 Property TAx 210,058 Cigarette Taxes 141,102 Countruction Assessments 15,059 SUBTOTAL 6;058,064 2,214,165. 94,678 Investment Earnings (see calculation Below) 208,435 123,418 TOTALS 6,266,499 2,337,583 Interest Calculation: Revenue with Interest Distr. 20,782 1,378,445 1,399,227 Interest Distributed 101 941577 94,678 Revenue Without. Interest Distr. 6,037,282 835,720 6,873,002 Percent of Total (87.84 %) (12.16 %) Interest Distribution 208,334 28,841 237,175 Total Revenues 6,058,064 2,214,165 8,272,229 Total Interest 208,435 123,418 331,853 TOTALS 6,266,499 2,337,583 8,604,082 Schedule II J CITY OF SAN LUIS OBISPO SCHEDULE TO MATCH USER FEES TO COSTS San Luis Obispo - Fiscal Year Ending 6 -30 -79 Community Development Users Fee Collections: Zoning Fees 45,444 Subdivision Fees 10,191 Sales of Pubs 6,600 Plan Check Fees 34,501 Construction Permits 752289 Misc. Lic. & Permits 810 Misc. Filing Fees 169 Costs Associated With Above: Planning Department 296,448 Building Regulation 107,697 Public Works Users Fee:-,Collections: Engineering & Inspection 80.,216 Street, S/W & Curbs 15,059 Other Current Services: 2,854 Maint. of State Hwy. 8,486 Street Dept. Services 1,019 Damage to City Property 2,610 _Misc. 4,653 Costs Associated With Above Engineering Dept. 40 221,426 Engineeri_ng.Dept. 50 126,283 Streets 367,413 Street Painting 62,951 Traffic Signal $ Lighting 130,740 Park and Recreation Users Fee Collections: Swimming Pool Revenues 760 Park and Recreation Fees 721565 Park and Recreation Concessions 2,854 Golf Course Revenues 36,469 Other Park $ Recreation Income 15,513 Costs Associated With Above Park and Recreation Dept. 50 482,050 Park and Recreation Dept. 60 280,857 Schedule III 173,004 404,145 112,043 908,813 128,161 762,907 Page 1 Excess of User Fees Over Costs ®e Public Safety Users Fee Collections: Bicycle License Taxi Permits Police Dept. Fire Dept. Weed 4 Lot Cleaning Costs Associated With Above: Police Dept. Fire Dept. 1,961 14 7,230 213 5,679 15,097 1,652,125 1,462,062 3,114,187 Total User Fees in Excess of Costs Schedule III Page 2 Excess of User Fees Over Costs ME n CITY OF SAN LUIS OBISPO ADJUSTMENTS TO LIMITATION - RATE CALCULATIONS 1980%81 FISCAL YEAR Applied Rule.: Use lowest of 2 to Figures CPI Change Year Used Per Capita Income 79 -80 CPI Change 10.17* 10.17 10.17 + 100.00 = 1.1017 Per Capita Income 12.42 100.00 Civ. Pop. Change 1.04* 1.04 1.04 + 100.00 = 1.0104 (78 -79) 100.00 80 -81 CPI Change 14.68 10.53 + 100.00 = 1.1053 Per Capita Income 10.53* 10.53 100.00 Civ. Pop. Change 1.84* 1.84 1.84 + 100.00 = 1.0184 (79 -80) 100.00 79 -80 1.1017 X 1.0104 = 1.1132 80 -81 1.1053 X 1.0184 = 1.1256 Rates Compounded 1.1132 X 1:1256 = 1.2530 Rates Converted to % (1.2530 X 100) - 100 = 25.30% Schedule IV RESOLUTION NO. 4408 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE.FINAL MAP OF TRACT NO. 808, EXPOSITION PARK UNIT 4,-.LOCATED AT EXPOSITION DRIVE AND WOODBRIDGE STREET, GANN INVESTMENTS; SUBDIVIDER, AND AUTHORIZING EXECUTION OF THE SUBDIVISION AGREEMENT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Whereas this Council previously made certain findings concerning Tract 687 (Exposition Park) of which Tract 808 is the fourth unit, as contained in Resolution No. 3519 (1978 Series); and SECTION 2. Whereas improvement bonds totaling $482,781 are on file with the City to guarantee installation of subdivision improvements. SECTION 3. This Council hereby grants approval of the final map of Tract 808 and authorizes the Mayor to execute the agreement. On motion of Councilwoman Billig seconded by Councilman Bond s and on the following roll call vote: AYES: Councilmembers Billig, Bond, Dunin and Munger NOES: None ABSENT: Mayor Cooper the foregoing Resolution -was passed and adopted this 3rd day of March , 1981. ATTEST: ACTING CITY CLERK PAM v GES R 4408 APPROVED: City AdmibrstFaffve Officer A/L City Attorney Pub ic..ServIces Director A G R E E M E N T THIS AGREEMENT, dated this 3rd day. of March, 1981 by and between GANN INVESTMENTS, herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City ". WITNESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in.the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on the final map of Tract No. 808 (Exposition Park, Unit 4), City of San Luis Obispo, California, as approved by the City Council, on the 3rd day of I•tarch, 1981 WHEREAS, the Subdivider desires that said Tract No. 808 be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agrees to install the street improvements and utility lines and facilities as-set forth on the plans.therefore. NOW THEREFORE., in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURBS, GUTTERS and SIDEWALKS 2. STREET BASE and SURFACING 3. WATER MAINS and SEWER MAINS, including .sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS; TELEPHONE and CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City,, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall be completed within 24 months from the date of recording of the final map, unless an extension has been granted by the City Council. If an extension is needed, the Subdivder shall request the extension in writing two months prior to the completion date and shall provide such information as is required by the City to determine (1) whether a time extension should be granted, (2) the length of the extension granted, if any, (3) which improvements are completed and can be accepted by the City for maintenance, and (4) whether the City shall require an adjustment in the. amount of the .security based upon progress to date. Extensions of up to 24 additional months may be granted by the City subject to Written verification from the writer of the surety that the guarantee is in effect to the full amount required by the City for the duration of the extension; provided that City reserves the right to require security additional 'to that required for the initial term of this agreement. Construction improvements that can be accepted by the City are. those which are completed to the satisfaction of the City Engineer, accepted by the City Council, and not affected by any subsequent work do the uncompleted portions of the subdivision and form logical units of development. Subdivider understands, and will inform buyers, that requests for occupancies of buildings in uncompleted portions of subdivisions may be denied by the City in the exercise of its discretion. The Subdivider does also agree to comply With the following conditions established by the Planning Commission and /or the City Council: 3�3�Z1 1. Subdivider shall pay water acreage fees in the amount of $16,100.80 for lots 1 -61, 63 and 64. ($1160 /AC X 13.88 AC) 2. Subdivider shall deposit, with the City,. the sum of $700 to guarantee monumentation of this subdivision. 3. Subdivider agrees to oversize the water main- i`n,Woodbridge Street within Tr_act,808. The City will pay the difference in cost between an eight -inch and twelve -inch diameter main et the rate of $6 per lineal foot as per City Council Resolution No. 4110 (1980 Series). -2- 4. This subdivision is granted full credit for parkland dediction. 5. Subdivider shall pay grading permit fees of $275. This shall be considered a normal subdivision inspection fee. 6. Grading, landscaping, and other channel improvements within Lots 63 and 64 are to be installed in accordance with improvement requirements for Tract 781. Those improvement requirements are he made. a part of this agreement and are a condition of final acceptance. 7. Wood fencing shall be installed at the rear of Lots 59 -61 and along .the northerly line of Lot 62. as approved by the Community Development Director. 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 integral part hereof, and as security for the performance.of this agreement, (i.nstrument of credit /bond) approved by and in favor of the City of San Luis Obispo,.and conditional upon the faithful performance of this agreement', which said (instrument of credit /bond) is in the amount of $482,781, and which is in the amount of the estimated cost of said J 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.. 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 improvements 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 improvements '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. -3� If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has been posted by Subdivider, to guarantee faithful performance, forefeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost. and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor.and material si bond in the amount of 50% of 'the above described subdivision improvements in accordance with State law. Said Subdivider shall deposit with the City the .sum of $14,500, from whi ch deposi t the Ci ty wi 11 pay the sal ary and expenses of an i nspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $14,500, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and - expenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" - All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the .City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all. of the improvements herein referred to. -4- IN WITNESS WHEREOF, this agreement has been executed by: 3rd day of March , 1981 Approved as to form: i GANN INVESTMENTS �# B t (i '�- •%' .- 1�,��".�e� y R. Wa�� e Gann -, President City Attorney George Thacher Subdivider 3rd day of March , 198 Attest: avi omero City Engineer Acting City Clerk Pam Voges * See attached Exhibit A, incorporated herein and made a part hereby by this reference. -5- EXHIBIT "A" The security requirements for the performance of this agreement may be complied with furnishing bond's as follows: Bonds for: Performance Labor & Material 1. Site grading and electrical $1049242.00 $ 52,121.00 2. Sewer and water . . . . . . . $141,229.00 $70,614.50 3. Concrete and storm drain. . . . $101,269.00 $ 509634.50 4. Base and paving . . . . . . . . $136,041.00 $ 68,150.50 TOTAL . . . . . . . . . . . . . . . $482,781.00 $241,520.50 0 r. , P I co 4 1, zi (co CL w Zt, Qo= oats tzi !";•p e f 0/— �L:)\ t:4 ax --- mm g, M.wuwJ Ell Ij c; E ax --- mm g, M.wuwJ Ell Ij I i. �o Q Ign cc a. E— K W W 1 � r { IIS 1 �Q t. 1 Lip i, l 1 I iii :� co.a � iD y iZ �ylt^ 10 I I b ' <y j IJIrr J..M1 /.err.. M'r'•, j NO AIJC N1/P0c TRACT 808 SUMMARY OF FEES A. Cash Pavments 1. Water Acreage - 13.88 (net) AC X $1160 /AC $16,100.80 2. Grading Permit Fee = 275.00 3. Monumentation = 700.00 4. Inspection (3% Const. Est.) = 14,500.00 TOTAL $31,575.80 Check Received /JK ----------------------------------------------------=--------------- B. Bonding .1. Faithful Performance Bond = $482,781.00 2. Labor and Materials Bond (50% of Faithful Performance)= $241,520.50 Bonds Received /JK s RESOLUTION 4407 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING FINAL APPROVAL OF PARCEL MAP SLO -80 -67 LOCATED AT 178 STENNER STREET; SING CHOU VU, APPLICANT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Parcel Map SLO -80 -67 as contained in Resolution No. 4189 (1980 Series). SECTION 2. This Council now grants final approval of Parcel Map No. 80 -67. 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 1981. ATTEST: ACTING CITYLCLERK PAM ES APPROVED: C A m ive Officer CC y Attorney Cityongineer 3rd day of March , R. R 4407 tai 0 C � U r I 8I 8� z 'y �v]I� W � 1 J u J26 a} G 4 Eg �3 yf S 77�nac � j -�- •*� tL d.Ydila �: �•���i1 22 Ll s OLL CQ . Cu o rr Di 1. 1, CIPA D Z a ZN& a a e v CL z. ZpZpN�0. nn �1WCO�`•� � ��� , Z ,� �� =3 Ito, 16I �nv�nV �vmvrLLVr, 1 ,y z W q� :•ifr� ° Q 2 d13 sY� Wy 0 tL 7� •'a� ✓t r `4 tA lip 3 jd ¢ s�'3 �� 8B ��;'r •� .Li 44 F 1A 43-.�' .O1rJ.liJ ifOMAM1) . 13�11C SINN -US P •� n r ° Q 2 d13 sY� Wy 0 tL 7� •'a� ✓t r `4 t - RESOLUTION NO. 4"(1980 Series). A RU:SOLUTION OF TU1:, i;GUNCIL OF THE CITY OF SAN LUIS OL'1SPO GRANTING APP?nVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -67, 40CAT39 AT 178 STENNER STREET.. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, :after consideration of the tentative map of Minor Subdivision Nu. 80 -67 and the Planning Commission's recommendations, staff recommendations and reports thereof, makes the following findings: I. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of develop- ment which is permitted by the 1'. - -4 zone. 3. •Ili.° design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. • !!�: design of the proposed subdivision will not conflict with public essemenn for access through or use of property within the proposed subdivisions. 5. Tire negative declaration approved by the Community Development Director for the project is appropriate. SECI•ION 2. That the approval of the tentative neap for .:inor. Subdivision /80-67 be subject to the following cnnd.itions: 1.. Subdivider shall grant a 6 -foot public utilities easement along street V frontage of property. 2. 5i.�,divid or shall grant a binnh: t easement over the common lot area, eXaept under structures, for pub.lir utilities serving the site. 3. Snhdi.vidcr shall_ provide ieii%iduall.y metered water service to each unit. ?I.re.rs shall he located at the property frontage to approval of the Public sorv:iecs Department. A. All on -siro sewer .lines shall Pu privately owned and maintained. 5. 'ri:atr driveway shall he 6-sinned with Kn.imum Traffic index of 4.0. ;dividor shall mare• cc,�dWons, covenants and restr'i =Lions to be 6. , . p'. ,n1 proved by the City Attorr -y 'Ind Community Development Director prior Lo final map approval.. CCU.;:'n shall contain the fnilowtrig provisions: :�. A hoot owners association to enforce the LLSR's and provide for pro - fessional, perpetual viintenance of all common arcs including lands - c"pinA, building e:•:ter Lovs, private drivowa`:s, private utilities, lighting, walls. fenr_� . etc., in first class condition; homeocrners association shall m,nint.cin area within the street right- of.- ways hctweec; h. [ :i:ln•.;nik and boot pr„l:• ^r!• Mo. pesolut ion No. 41.89(1.980 Series) idinor Subdivision 80 -67 yr. Page 2 B. Grant to the City of San Lui_S Obispo the right to maintain common area and building exteriors if the homeowners association fails to perform, and assess the homeowners association for expenses incurred. C. No parking onthe site except in approved designated spaces. D. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places. E. No outside storage of beats, campers, motorhomes and trailers nor long -.term storage of inoperable vehicles. F. `lo outside storage by indi-Adual units except in designated storage areas. C. 11omeo;rners association to provide for maintenance and repair of private sewer lines. H. No change in•city- required provisions of Cc&l,,Is without prior City Council approval. 7. Units slal.l be numbered and ndrL-essed to the approval of the Community Develn: ment Department. 3/ �/ 8. Subdivider small. contribute $373 to the. city prior to final map approval for a share of sewer line constr.uctilon needed to correct deficient service to the site. On motion of Councilman DunLn , seconded by Councilwoman Billig , and on the following roll call vote: Council.members Dunin, Billig, Bond, Munger and Mayor Cooper NOLS: Notre AL'SENT: ;`lone 1.7th]ay of Jung Che f.u,�l;o]ni; r��suluCiou was pas:;ed and adopted th:i;; _ 1980. VLYNr•: It. COOFER Nay or Lynn R. Cooper ATTEST: Ci:. ;lerI •1 11. 1- i.tzpatrick SUMMARY OF FEES MINOR SUBDIVISION NO. SLO -80 -67 178 Stenner Street 1. Sewer Fee: Required as mitigation of Ordinance 604A sewer deficiency. Contribution towards construction of sewer bypass line through Santa Rosa Park: $375.00 2. Park In -Lieu Fee: 0.0115 AC /unit X 3 units = 0.0345 AC 0.0345 AC X 43560 SF/AC X $4.28/SF = (Received cashier's check 2/19/81) J. Kenny 2/23/81 $6,432.07 TOTAL FEES = $6,807.07 RESOLUTION NO. 4406 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALK CONSTRUCTION PURSUANT TO THE MUNICIPAL CODE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hearafter. 2. That at the request of the property owners and in accordance with Section 7350.3 of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in three (3) annual installments, including interest at the late of three (30) percent per .annum on the unpaid balance.; said interest to run from the first day of the month following passage of this Resolution to the time payment is made in full of the principal amount, provided that failure to pay any installment and interest when due shall make the remaining principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owners, addresses and -: construction costs are shown.on Exhibit "A ". 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 3rd _day of March 1981. R 4406 w RESOLUTION NO. 4406 ATTEST: Ile- �K ACTING CITY CLERK PAM VOES APPROVED: � ze*oozl / City Administrative Officer City Attorney Public Services Director EXHIBIT "A" OWNER LOCATION AMOUNT L. W. Jenkins 3 La Entrada (Foothill side)_ $354.00 E. J. Martin II 193 Foothill $258.00 RESOLUTION NO. 4405(1987: Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING MEMBERS TO THE DOWNTOWN HOUSING REHABILITATION PROGRAM LOAN COMMITTEE i WHEREAS, the Council of the City of San Luis Obispo and the San Luis Obispo Housing Authority have adopted program guidelines (adopted December 1980) for the City's Downtown Housing Rehabilitation Loan Program; and WHEREAS, these guidelines (1) call for the creation of a loan committee to administer portions of the housing rehabilitation program and (2) establish the composition of the loan committee's membership. NOW THEREFORE BE IT RESOLVED BY the Council of the City of San Luis Obispo as follows: SECTION 1. The following members are appointed to the Loan Committee and represent the positions specified next to their name: A. City Finance Director - Rudy Muravez B. Citizen Representative - Cathryn Owens, Art Jack alternate D. Community Development Department Representative - Henry Engen E. Banking /Finance Industry Representative -Glen Balk, Frank DuFault alternate F. Housing Authority Commission Representative - Steven Nelson SECTION 2. The term of appointment for all Loan Committee Members shall be as specified in officially adopted Rehabilitation Loan Program Guidelines adopted December 1980 (Resolution 4356, 1980 Series). SECTION 3. The City Clerk shall furni.sh a copy of this resolution and a copy of the official program guidelines to the appointed members of the Loan Committee listed above. On a motion of Councilwoman Billig seconded by Councilman Bond and on the following roll ca vote: AYES: Councilmembers Billig, Bond, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of March 1981. R 4405 r.111MIS CITY LERK'_ " APPROVED: ITY ATTORNEY DIRECTOR F COMMU TY DEVELOPME RESOLUTION NO. 4404 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ORDERING THE CITY CLERK TO PREPARE EARLY CANVASS OF ELECTION RETURNS. - WHEREAS, the City of San Luis Obispo will be conducting a. General Municipal Election on Tuesday, March 3, 1981; and WHEREAS, the City Clerk is the city official responsible for conducting all aspects of the Municipal Election; and WHEREAS, the City Clerk will be using computer counting equipment to tally the votes of said election; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City Clerk is hereby ordered to conduct the official canvass of election returns prior to the first Tuesday following the day of election, but not to start before the Thursday following the day of election. The City Clerk will conduct the canvass of votes cast in the Match 3, 1981 election in accordance with the provisions of Division 12, Chapter 8, Section 17080 et. seq. of the Elections Code of the State of California. 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 23rd day of February 1981. . ATTEST: City rk JeT. Fitzpatrick R 4404 Resolution No. 4404 Approved: lufit4,t�� City Attorney I, 10� Q (1981 Series) RESOLUTION NO. 4403 (1981 Series) RESOLUTION OF THE CITY OF CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA APPROVING THE APPLICATION FOR MONIES FROM CALIFORNIA PARKLANDS ACT OF 1980 . FOR FURTHER DEVELOPMENT OF THE MUNICIPAL SWIMMING COMPLEX AT SINSHEIME_R PARK IN THE CITY OF SAN LUIS OBISPO. WHEREAS, the people of the State of California have en- acted the California Parklands Bond Act of 1980, which provide.s funds to the State of California and its political subdivisions for acquiring lands and for developing facilities for public out- door recreation purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the. program within the state, setting up necessary procedures govern- ing application by local agencies under the program; and WHEREAS, said procedures established by th.e State Depart- ment of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and WHEREAS, said applications contain assurances that the applicant must comply with; and WHEREAS, said procedures further require the applicant to possess an adopted plan showing parks and recreation lands and facilities, existing and proposed; and WHEREAS,. the City of San Luis Obispo's Land Use Plan was adopted by the City Council in February 1977; and e WHEREAS., the proposed completion of the Municipal: Swimm- ing Complex at Sinsheimer Park project_ appears on the City's Plan, is consistent with the California Outdoor Recreation Re- sources Plan, and is in conformity with the State Environmental Goals and Policy Report,; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that : the:City -.Council:of the City of San Luis Obispo hereby; .1. Approves the filing of an application for 1980 State R 4403 Resolution No. 4403 (1981 Series) Bond Act assistance; and 2. Certifies that said agency understands the assurances in the application; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project; and 4. Certifies that said agency meets the planning require- ments and that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 5. Appoints the Director of Parks and Recreation as agent of the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, payment requests and so on which may be necessary for the completion of the aforementioned project. On motion of Councilmember 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 r.esol.ution was passed and adopted this 17th day Approved as to form• Appro ed as to content: City Attorney Cit d r tive Officer T ecreation Director RESOLUTION NO. 4402 -A (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING APPLICATION NO. U0622 BY DAVID A. BOWEN SUBJECT TO THE ENCLOSED CONDITIONS WHEREAS, the City Council of the City of San Luis Obispo did conduct a Public Hearing in the City Council Chambers of the San Luis Obispo City.Hall, San Luis Obispo, California, on February 17, 1981, pursuant to a proceeding, instituted under application no. U0622 by David A. Bowen. USE PERMIT REQUESTED: Con6truction.of professional offices: PROPERTY DESCRIPTION: On file in the office of Community Development, City Hall GENERAL LOCATION: 2030, 2040, 2066 Broad. Street PRESENT ZONE: C -N WHEREAS, said Council as a result of its inspections, investigations and studies made by itself, and in its behalf, and of testimonies offered at said hearing, has established existence of the following circumstances: 1. The proposed project will not be detrimental to the.health, safety And welfare of persons living or working in the area. 2. The proposed project is appropriate at the proposed location and will-be compatible with surrounding land uses. 3. The proposed use conforms to the General Plan. 4. The proposed use will not have a significant environmental impact on the proposed site. NOW, THEREFORE, BE IT RESOLVED that application no. 110622.be- approved subject to the following conditions: 1. Office uses shall be limited to offices which are intended to serve the immediate neighborhood. Individual occupancy requests shall be subject to the approval of the Community Development Department Director to ensure compliance with the intent of this condition and the General Plan. Resolution No. 4402 -A (1981 Series) 1. 2. The existing acacia tree shall be protected during construction, and no cut or fill shall.be allowed inside the tree's drip line. 3. The applicant shall install street trees along Chorro Street frontage of the site to the approval of the Public Services Department. 4. The property shall be maintained in a clean and orderly mariner. Ali plant materials shall be maintained and replaced as.necessary. S. Building design, signing and landscaping shall be subject to the approval of the Architectural Review Commission. On motion of Councilman Dunin, seconded by Councilwoman Billig, and on the following roll-call vote: AYES: Councilmembers Dunin, Billig, Bond, Munder and Mayor Cooper NOES: None ABSENT: None . the foregoing Resolution was passed and adopted thiol*�17jth day of.February, 1981. ATTEST: i Approved: City./Ad6ftfifftr ttliVe Officer Ak" - City Attorney Director of Communit evelopment Approved: City./Ad6ftfifftr ttliVe Officer Ak" - City Attorney Director of Communit evelopment RESOLUTION NO. 4402 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING A VARIANCE REQUEST TO ALLOW TWO PARKING SPACES TO BACK -UP INTO REQUIRED STREET YARD SETBACK AND TO ALLOW A 10 -FOOT STREET YARD SETBACK ON CHORRO STREET FRONTAGE AT 2030, 2040 AND 2066 BROAD STREET; DAVID BOWEN, APPLICANT. WHEREAS, by Application No. V0727 applicant requested city to allow two parking spaces to back -up into required street yard setback and allow a 10 -foot street yard setback on Chorro Street frontage at 2030, 2040 and 2066 Broad Street at the corner with Chorro Street; and WHEREAS, due to a lack of 4 affirmative votes required for approval, variance Application No. V0727 was denied by the Planning Commission; and WHEREAS, applicant has appealed the Planning Commission denial to this council; and WHEREAS, the council, on February 17, 1981, 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 February 17, 1981 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, due to lot size, configuration and unusual street yard setbacks required which do not apply generally to property in the vicinity with the same zoning. R 4402 J Resolution No. 440. 181 Series) Variance V0727 Page 2 b. The variance will not constitute a grant of special privilege inconsistent with other properties in the vicinity with the same zoning. C. The variance will not adversely affect the health, safety or- general welfare of persons residing or working ih' -..the vicinity. SECTION 2. Based on the findings set out in Section 1, the council hereby orders Application No. V0727 be approved. On motion of Councilman Dunin and on the following roll call vote: seconded by Councilwoman Billig , AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopt 1981. ATTEST: City r J.H. Fitzpatrick APPROVED: i� / ✓alto. Abe. [61py Community Development Director 17th day of February , R.`Cooper RESOLUTION NO. 4401(19EP Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND PIEROSE BUILDING MAINTENANCE TO RETAIN CERTAIN SERVICES FOR CLEANING AND JANITORIAL MAINTENANCE OF CITY'S RECREATION CENTER, 864 SANTA ROSA ST, SLO. 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 Pierose Building maintenance 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: Pierose Building Maintenance, City Finance Director On motion of Councilman Bond seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed ATTEST: CITY t J. FITZPATRICK R 4401 L. • r l..'\ a A G. R E E Pi E N T RECREATION CENTER JANITORIAL SERVICES THIS AGREEMENT, made and entered into this 17th day of February , 1981, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation of California, hereinafter referred to as "City ", and Pieros.e Building Maintenance d /b /a hereinafter referred to as Paso Robles Janitorial "Contractor ". WITNESSETH: WHEREAS, City desires to retain certain services for the cleaning and ,janitorial maintenance of the City's Recreation Center at 864 Santa Rosa Street, San.Luis Obispo, California: and WHEREAS, City desires to engage Contractor to provide these services by reason of his qualifications and experience for performing such services,.and Contractor has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of the mutual covenants, the parties hereto agree as follows: I. PROJECT COORDINATION (a) City. The City's Director of Public Services, or his designee, shall be representative of City for all purposes under this agreement. (b)' Contractor. Contractor shall assign a single Project Coordinator to have overall responsibility for the progress and execution of this agreement for Contractor. Curt 'ierose is hereby designated as Project Coordinator for Contractor. Should.c.ircu-istances or conditions subsequent to the execution of this agreement require a substitute Proicct Coordinator, for any reason, the Project Coordinator shall be subject to the prior written acceptance and approval of City. 2. DUTIES OF CONTRACTOR. (a) Services to be furnished. Contractor shall provide all specified services as set forth below. The requirements are cleaning the Recreation Center twice a day, once at 5:00 p.m. and once after 10:00 p.m., as follows: Daily Schedule: Mid- September to April 1 (6 day week, Mon -Sat) April 1 to mid - September (5 day week, Mon -Fri) Daily -- 5:00 p.m. 1. Dust mop gymnasium floor. 2. Clean and supply restrooms (paper and soap). 3. Empty ail wastebaskets, trash cans and ashtrays in lounge areas, Room 4, Room 5, penthouse and restrooms.. Daily —_10:00 p.m. 1. Empty all wastebaskets, trash cans and ashtrays in lounge area, Room 4, Room 5, Campfire Offices, Recreation Office and stage areas, restrooms, gymansium and stage areas, kitchen areas, restrooms; craft rooms and penthouse. 2. Clean and dustmop gymnasium floor and stage area with waterless cleaner. 3. Clean, dustmop and machine buff lounge area, Campfire Offices and kitchen area. 4. Clean and vacuum Room 4, Room 5, Recreation Office and penhouse.- 5. Clean, wet mop and machine buff restrooms. Clean and disinfect toilets and urinals. Scour lavatories. 5.ipply with paper and soap. Remove graffiti as needed. 6. Clean and wet mop craft room floors, clean sinks and tables. 7. Clean sinks and counter tops in kitchen area. S. Clean and scour drinking fountain. 9. Clean all glass in entrance doors, Campfire doors, Room 4, Recreation Office. 10. Shake and vacuum all entry carpets. 11. Sweep all porches and entry steps. Week Iv 1. Vacuum outer edges of gymnasium floor and stage area. 2. Vacuum and clean all window ledges in gymansium. '3. Spray wax and machine buff all restroom floors. 4. Clean and wipe walls and toilet partitions in restrooms. S. Clean window ledges and cornice boxes in Recreation Office, Room 4, Room S and Campfire Office. 6. Wet mop and spray buff lounge area, Campfire Office and kitchen area. 7. Spot clean carpets in Room 4, Room 5, Recreation Office and penthouse. S. Wet mop floor and clean counter tops and window ledges in craft rooms. 9. Clean and wax all tables in Room 4, Room 5, Campfire Office, penthouse, craft rooms and Recreation Offices. 10. Clean gymnasium floor with gym floor maintainer. 11. Dust all desks, counter tops, bookcases, file cabinets and paneled walls. Monthly 1. Wet mop, wax and machine buff floors in lounge area, Campfire Offices, restrooms and kitchen areas. 2. Dust venetian blinds in Campfire Offices. Quarterly 1. Wash all windo,.as in Campfire Offices, Recreation Offices and lounge areas. 6i- annually 1. Clean and shampoo all carpets in Room 4, Room 5, Recreation Offices, and penthouse. 2. Strip, wet mop-and wax all floors in lounge area, Campfire Offices, restrooms, and kitchen areas. 3. hash all walls in gymnasium, stage area, lounge area, Campfire Offices, restrooms, craft rooms, penthouse and stairway. 4. Clean and wash all venetian blinds in Campfire Office. - 3 - 5. Clean all light fixtures in lounge area, Campfire Offices, Room 4, Room_5, Recreation Offices, restrooms, penthouse and craft rooms. M 6. Wash all windows in gymnasium. Miscellaneous 1. The Project Coordinator shall meet with the city's Building Maintenance Leader twice a week, Monday and Thursday. 2. Electric, plumbing or mechanical failures.are to be reported to the Building Maintenance Leader. 3. Supplies - The city shall furnish all supplies needed. 4. Equipment- Contractor shall furnish. 5. Security - Contractor shall be provided with master keys for building. Contractor shall lock all doors and windows that give access to any part of the building when service is complete. 6. Maintenance period - Last week in August and first two weeks in September the building will be closed to the pubiic for maintenance activities. 3. TERM OF AGREEMENT This agreement shall commence on the date first written above and shall terminate on indefinite 4. COMPENSATION For the performance of services described herein by the Contractor, the City shall pay the Contractor as follows: $532.60 per month. S. DUTIES OF CITY City shall provide all information and assistance reasonably necessary to aid Contractor in completing the work specified herein. 6. SUSPENSION.: TERMINATION City shall have the authority to suspend this agreement, wholly or in part, for such period as it deems necessary due to the failure on the part of Contractor to perform any provision of this agreement. City shall also have the authority to terminate this agreement due to the failure on the part of the Contractor to perform any provision of this agreement. - 4 - 7. INSPECTION Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor arc being performed in accordance.with the requirements and intentions of this agreement. All work (tone and all materials furnished, if any, shall be subject to City's inspec- tion.and approval. The inspection of such work shall not relieve Contractor of any of his obligations to fulfill his agreement as prescribed. S. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES (a) Assignment. Both parties; shall give their personal attention to the faithful performance of this agreement and shall not assign transfer, convey, or otherwise dispose of this agreement or any right, title, or interest -in -or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment.. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors; Employees. Contractor shall be responsi- ble for employing or engaging all persons necessary to perform the services of Contractor hereunder. No subcontractor of Contractor will be recognized by City as such; rather, all,subcontractors are deemed to be employees of Contractor, and he agrees to be responsible for their performance. Contrac- tor shall give his personal attention to the fulfillment of the provisions of . this agreement by all of hi_s employees and subcontractors, if any, and shall keep the work under his control. If any employee or subcontractor of Contractor fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, -lie shall be discharged immediately from the work under this agreement on demand of City. 9. NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid,.bv certified mail, addressed as follows: To City: (Iffice of the City Clerk Citv of San Luis Obispo R. 0. Box 321 San Luis Obispo, CA. 95406 - 5 - r� r To Contractor: Pierose Building Maintenance d /b /a aso o es -- 1026 Pine. Paso Robles, CA 93 10: INTEREST OF CONTRACTOR Contractor covenants that he presently has no interest and shall not acquire any interest, director - indi.rect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder.. Contractor further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Contractor 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, Contractor shall at all times be deemed an independent contractor and not an agent or employee of City. 11. INDBNITY Contractor hereby agrees to indemnify and save harmless City, its officers, agents, and employees of and from: (a) Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by any act or omission, negligent or otherwise, of Contractor or any subcontractor under this agreement or of Contractor's or any subcontractor's employees or agents; (b) Any and "all damage to or destruction of the property of City, its officers, agents, or employees occupied or used by or in the care, custody, or control of Contractor, or in proximity to the site of Contractor's work, caused by any act or omission, negligent or otherwise; of Contractor or any subcontractor under this agreement or of Contractor's or any subcon- tractor's employees or agents; (c) Any and all claims and demands which CITY, its officers, agents or employees by reason of any or damage suffered or sustained by any employee or agent subcontractor under this agreement, however caused, exce such claims and demands which are the result of the sole misconduct of CITY, its officers, agents, or employees; 6 may be made against injury to or death of of CONTRACTOR or any ?ting, however, any negligence or willful (d) An), 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 or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by CONTRACTOR or any subcontractor under this agreement; and (e) Any and all penalties imposed or damages sought on account of the violation of any lane or regulation or of any term or condition of any permit. CONTRACTOR, at his own cost, expense, and risk, shall defend any avid 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. 12. WORKERS' COMPENSATION CONTRACTOR certifies that lie 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 lie certifies that lie will comply with such provisions before commencing the performance of the work of this agreement. 13. INSURANCE CONTRACTOR, at his sole cost and expense, shall obtain and main- tain in full force and effect throughout the entire term of this agreement the following described insurance coverage, insuring not only CONTRACTOR and his subcontractors, if any, but also, with the exception of workers' compensation and employer's liability insurance, CITY, its officers, agents and employees, and each of them: n z POLICY (a) WORKERS' COMPENSATION (b) COMPREHENSIVE AUT0%10BI LE LIABILITY, in- cluding oi•rncd., hired, and non - owned automobiles (c) COMPREHENSIVE GE•NEIZAL LIABILITY, including pro- tective, com- pleted operations, broad form con - tractual, and personal injury MINIMJU l LIMITS U LIABILITY Statutory Bodily Injury - $100,000 each person - $300,000 each occurrence Property Damage - .$100,000 each occurrence Bodily Injury - $100,000 - $300;000 - $300,000 Property Damage - $100,000 - $100,000 Personal Injury - $100,000 $300,000 each person each occurrence aggregate each occurrence aggregate each occurrence aggregate Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten :(10) days thereafter. Said certificates shall be subject to the approval of the City attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days written notice of such cancellation or alteration. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 14. AGREEMENT BINDING The terms, covenants, and condtons of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns and subcontractors of both parties. 15. WAIVERS The waiver by either party of any breach or violation of any term, covenant., or condition of this agreement or of any Provision, ordinance, or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance, or law or 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 torm, covenant, or condition of this agree- meat or of any applicable law or ordinance. - S - iG. COSTS AND The. prcva of this agreement or costs and attorneys' ' other party. ATTORNEY'S FEES iling party in any action brought to enforce the terms arising out of this agreement may recover its reasonable fees expended in connection with such an action from the 17. NONDISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin; ancestry, or religion of such person. 13. AGREEMENT CONTAINS ALL U\DERST.ANDINGS This document represents the entire and'integrated agreement between City and Contractor and_supercedes all prior negotiations, repre- sentations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Contractor. 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 Contractor have executed this agreement the clay and year first above written. ATTEST: OR FITZPATRICK City Clerk J.H. Fitzpatrick - 8 - CONTRACTOR /V aA :F4S C, IZQi5L -.ice By: Its: CITY OF SXN LUIS OBISPO By: s_/•LM R. COOPER_ Mayor Lynn R. Cooper m RESOLUTION NO. 4400(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING PARKING FUND APPROPRIATIONS FOR THE 1980/81 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that the following budget accounts be increased to provide for the conversion of parking meters to revised time and rate schedules. Account Description Amount (50) 51- 6713 -310 Parking Meters $ 4,000. (50) 51- 6713 -311 Parking. Meter Parts 35,000. 39,000. On motion of Councilwoman_Bil_lig seconded by Councilman Dunin_ and on the following roll call vote: AYES: Councilmembers Billig, Dunn, Munger and Mayor Cooper NOES: Councilman Bond ABSENT: None the foregoing Resolution was passed and ado ed this 17tbday of February, 1981 . NN R. C00 ATTEST: CITY C W J. ZPATRICK APPROVED: City Admin' ra ive Officer R 4400