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HomeMy WebLinkAbout4475-4499LUTION NO. 4499 (19 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: TRAFFIC SIGNAL UPGRADING ESTIMATE: $6,600 + $858 (Cont. & Eng. Fees) = $7,458 BIDDER:. LEE WILSON ELECTRIC COMPANY CITY PLAN NO: E -.39 BUDGET ACCOUNT: 20- 5171 -E39 BID AMOUNT: $6,232.00 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 Mayor Pro Tem Dunin and on the following roll call vote: AYES: Councilmembers -Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig the foregoing Resolution-was passed and adopted this 19th day of May , 1981. TEM RONALD DUNIN ATTEST: ACTING CITY' CLERK AMELA OGES APPROVED: Citylrdminis`tr tive Officer - ll/v l�D,_ City Attor i ance ire ~r R 449.9 M i&UTION NO. 4498 (19 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: MITCHELL DRIVE SEWERLINE ESTIMATE: $16,000 + $2,000 (Cont. & Eng Fees) = $18,000 BIDDER: CECIL CONSTRUCTION CITY PLAN NO: D -22 BUDGET ACCOUNT: 40- 7062- 733(D22) BID AMOUNT: $9,833.00 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 Councilwoman DoveN , and on the following roll call vote: AYES: Councilmembers Dovey, Settle and Mayor Pro Tem Dunin NOES: Councilman Bond ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 19th day of May , 1981. ATTEST: ACTING ,CITY CITE PAME I GES TEM RONALD DUNIN APPROVED: City 46miti ve Officer v City ina rer R 4498 R4— LUTION NO. 4497 (19 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: CERRO ROMAULDO CULVERT REPLACEMENT ESTIMATE: $655094 + $8,466 (Cont. & Eng. Fees) = $73,560 BIDDER: R. BURKE CORPORATION CITY PLAN NO: D -17 BUDGET ACCOUNT: 40- 5062 -D17 BID AMOUNT: $56,141.40 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 Councilwoman Dovey , and on the following roll call vote: AYES:. Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 19th day of May , 1981. i MAYOR 0_TEII RONALD DUNIN ATTEST: ,D ACTING CITY CLERK PAMEV VOGES APPROVED: Cit 'Admin s rative Officer R 4497 1 --RESOLUTION NO. 4496 (1981 Seri) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING A TRANSFER OF FUNDS FROM THE 1980 -81 CAPITAL C_0_NTI_NGENCIE_S RESERVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the following Capital Improvement Fund Appropriation Account be increased to provide grant- reimbursable funds for the development of Sinsheimer- Park:, ACCOUNT NO. DESCRIPTION AMOUNT (90) 40- 5761 -636. Sinsheimer Park -- Grant Development .$15,,000 SECTION 2. That $15,000 be transferred from the Capital Contingencies Reserve to cover the above appropriation. SECTION 3. Plans and specifications having been prepared, staff is directed to call for bids and advertise landscape improvements to be funded by the transferred $15,000. On motion of Councilman Settle , seconded by Councilman Bond and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig the foregoing. Resolution was passed and adopted this 19th- day of May 19 81. MAY TEM RONALD DUNIN ATTEST.: ACTING CATTY CLERK PAMELAOVOGES APPROVED: P Cit Ad i r ive ni at Officer. R 4496 i 1980/81 CAPITAL CONTINGENCIES RESERVE RESOLUTION DESCRIPTION AMOUNT BALANCE * * * ** Beginning Balance $85,000.00 R4261 Litter Control Grant Supplement $ 4,100.00 800900.00 R4274 Golf Course Protective Screening 22,000.00 58,900.00 R4297 Santa Rosa Park Horseshoe Pits 2,496.00 56,404.00 R4399 Public Services.Hydrocrane 39,500.00- 16,904.00* *Balance as of 3/31/81 16-0 RESOLUTION NO. 4495 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING RESERVE 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 General Fund, General Reserve Account, be increased by $275,000 from unappropriated fund balance. SECTION 2. That the Library Fund, Library Building Reserve Account be increased by $5,000 from the unappropriated fund balance. SECTION 3. That the Capital Outlay Fund, Capital Contingencies Reserve Account be increased by $8,000 from the unappropriated fund balance. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 19th day of May , 1981. MAY7 TEM RONALD DUNIN ATTEST: ACTING CWY' CLERK PAMELA /jVOGES APPROVED: City Administrative 0 ficer R 4495 RESOLUTION NO. 4494 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FINAL APPLICATION FOR UMTA SECTION 18 FUNDS TO PURCHASE TRANSIT BUSES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To authorize the Director of Public Services to submit the final application for UMTA Section 18 Funds which will help purchase new transit buses for the San Luis Obispo Municipal Transit System. SECTION 2. To authorize the Director of Public Services to sign the grant application and all pertinent agreements and documents. On motion of Councilman Settle seconded by- Councilwoman Dovev, and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig the \foregoing Resolution was passed and adopted this 19th day of Mme, , 1981. ATTEST: r ACTINY CITY CLER P /DAME / VeCES * * * * * * * * * * APPROVED: City AWihistImtive Officer City Attorney ® a Public Service's Director Finance Director R 4494 ETdNG AGENDA `raTE MAY 19 ITEM # AGENDA R- E_P_ORT TO; City Administrative Officer FOR COUNCIL MEETING OF: May 19, 1981 BY: Rudy Muravez, Finance Director ACTION REQUESTED: Adopt Resolution Increasin Reserve Accounts SUBJECT , Review of 1980/81 Estimated Revenues & Recommendations For Increases To Reserve Accounts. RECOMMENDATION After reviewing the third quarter actual revenues and revising our 1980/81 revenue projections and estimated fund balances, the following reserve appropriations are recommended: DESCRIPTION AMOUNT General Reserve Account $275,000 Library Building - ,Reserve 5,000 Capital Contingency Reserve 8,000 DISCUSSION Following the close of the third quarter of are reviewed in.detail to project available the accuracy of our original projection for for the current year,are listed on Schedule Schedule shows that our best educated guess mately $400,000 above our original estimate. it represents only a'4.7 percent'increase ov external forces affecting municipal revenues 5 percent accuracy, requires a good deal of each fiscal year., the governmental revenues funds for the next fiscal year and measure the current year. The results of our analysis 1, Revised Estimates. The bottom line.of this for the current fiscal year will be approxi =., While this may seem a large amount in dollars, er our original estimate. Given the number of .in the last two years projecting within a luck and prayer. Before we spend the full $400,000 we should review Schedule 2 which details the appropria- tion adjustments which have been authorized throughout the fiscal year. Reviewing the General Fund Balance, you can quickly see that we indeed counted on our original projection. being conservative. At this point, we estimate that the General Fund will have an unappropriated balance on 6/30/81 of $271,865. The remaining special revenue funds will have_-nominal ending balances. Under Proposition 4 (The Gann Initiative), there is a limit placed on the amount of appropri ations during any one fiscal year. For this year we are well under our limit, however, in the coming years the margin could well be reduced. For this reason I would recommend that w increase our current year appropriations to the maximum funds available by transferring•our expected balance to the General Reserve Account. The reason being that subsequent appropri- ations from a Reserve Account in the next year do not count against the appropriations limit for that year. They count as appropriations in the year the reserves are established or increased. Therefore, next fiscal year the reserve may be reduced to cover salary increases or-unant-icipated losses of revenue without affecting the appropriation limit. (attachments) BUDGET IMPACT While increasing the 1980 /81 appropriations, expenditures.. By increasing the current year subject fo limitation" will be reduced. there will be no impact on current year appropriations, the 1982/82 "appropriations g -/ r- TTNAPPROPRIATED FUND BALANCES ', NERAL &SPECIAL REVENUE FUNDS I. General Fund 1980/81 Unappropriated Balance 7/1/80 $338,667. Additional.Appropriations Resolution Description 4212 Police Salary Increases - 216,240. 4242 Management Salary Increases - 38,740. 4253 3% Salary Increase (Fire & Gen. Empl.) - 61,080. 4256 Cable TV Rate Increase .7 %�i'�/ - 2,720. 4351 Planning Dept. - Cal Poly Work Study Prog. - 4,500. 4398 Planning Commission Payment - 840. 4410 Fire Station 1 Heater Replacement - 3,550. 4411 Police Motorcycle Replacement - 4,050. 4415 Police Parking Lot Expansion - 50,000. 4455 Gen. Empl. Salary Increase _ 71,370. - 453,090. Additional Estimated Revenues +386,288. Estimated Unappropriated Balance 6/30/81 $271,865. II. Library Fund 1980/81 Unappropriated Balance 7/1/80 $ 4,050. Additional Estimated Revenues 767. Estimated Unappropriated Balance 6/30/81 $::4,817. III. Park & Recreation Fund 1980/81 Unappropriated Balance 7/1/80 $ 11,672. Additional Appropriations Resolution Description 4218 Pigeon Control Program - 2,500. 4242 Management Salary Increase - 790. 4253 3% Salary.Increase (Fire & Gen. Empl.) - 9,880. 4322 Pigeon Control Program - 650. 4455 Gen. Empl. Salary Increase - 20,970. 4461 Special Recreation Programs - 17,300. 52,090. Additional. Estimated Revenues 4461 Recreation Fees + 35,000. -- Adjusted Property Taxes +' 5,158. + 40,158. Estimated Unappropriated Balance 6/30/80 - 260.. IV. Capital Outlay Fund 1980/81 Unappropriated Balance 7/1/80 $ 5,531. Additional Appropriations 4261 Litter Control Grant - Trash Compactor - 5,900. Additional Estimated Revenues + 7,737. Estimated Unappropriated Balance 6/30/80 $ 7,368. SCHEDULE 2 �/�� 1980/81 ESTIMATED REVENUES GENERAL & SPECIAL REVENUE FUNDS REVISED ESTIMATES Distribution By Fund General Fund ORIGINAL REVISED ADJUSTMENT - SOURCE ESTIMATE ESTIMATE AMOUNT, *Consolidated Property Taxes $1,391,000. $1,421,700. $ 30,700. Sales & Use Taxes 2,920,000. 2,800,000. (120,000) Transient Lodging Tax 545,000. 600,000. 55,000. Franchise Taxes 195,680. 243,180.. 47,500. Property Transfer Tax 20,000. 35,000. 15,000. Utility Users Tax 995,500. 1,119,650. 124,150. Vehicle Code Fines 255,000. 370,000. 115,000. Investment Earnings 326,000. 391,000. 65,,000. Rents & Concessions 8,500. 10,000. 1,500. State Alcoholic Beverage Tax 21,000. 23,500. 2,500. State DMV In Lieu Tax 6169700. 622,500. 5,800. State Cigarette Tax 132,000. 140,000. 8,000. Other State Grants 65,100. 81,600. 16,500. Subdivision Fees 8,500. 11,000. 2_,500. Publication Sales 6,000., 79800. 1,800. Police Service Fees 6,500. 10,500. 4,000. Plan Checking Fees 20;000. 25,000. 5,000. Engineering Fees 10,000. 2,000. (8,000) Sales Of Property & Equipment 4,000.. 21,000. 17,000. Other General Fund Revenue 30,000. 41,000. 11,000. $7,576,480. $7,976,430. $399,950. Distribution By Fund General Fund $7,508,135. $7,894,423. $386,288. ( +5.176) *Library Fund 34,825. 35,592. 761. ( +2.2%) *Park & Recreation Fund 398,288. 403,446. 5,158. ( +1.3 %) *Capital Outlay Fund 4071202. - 414,939. 7,737. ( +1.9%) $8,348,450. $8,748,400. $399,950. 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L F w E F V' m 7 O to G d y 0.C' 7 d Y y d y '^ "+ �•' C �+ C C U 0 d 0 0 0 3� 0.0 .+X G > LL d V) •O N X > A Y Y < U 0 y =.4)w I C 0.m C 6 U - - 0 d G' y G y d b' 7 C'. 0 O O y •^1 G O t9 O rJ Wm UC' >, u 0 y XF W "'I O d y m Y •O CU < r Y >^r m'U c H u> • d n. 0 E a c y m -, L F L F L d _ _ A w G V, F ✓+ ^+ O •+ Y 0. F H r H y W d t U F r n N •w L d d r r,1 t7 L X w ••"1 Y d O y Itl •+ •ti d X d G y Y r Y 'y' Hsi O > F 0 •-� X d d X G U H Y Y F '.3 3 A ••� H r .V L H e1 UI O •^1 [3 F O U y r F y y d C O Y •ti G 7 0 O' F 0 Y F 3 m A d -F UI O U U .O d t0 •-I y d O A d U L ¢ V U V) -0 U . V w Y 3 G V) F 7� .� z d U r1 V a 3 3 G W V) FO, 8 -S N H RESOLUTION NO. 4493 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -80 -128 LOCATED AT 350 & 355 WOODBRIDGE STREET, KING- KUDEN- BLAKE; SUBDIVIDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Minor Subdivision SLO -80 -128 as contained in Resolution No. 4370 (1981 Series). SECTION 2. Whereas a bond in the amount of $40,000 is on file with the City to guarantee installation of required subdivision improvements. SECTION 3. This Council hereby grants approval of final map of Minor Subdivision SLO -80 -128 and authorizes the Mayor to execute the agreement. On motion of Councilman Settle and on the following roll call vote.: seconded by Councilwoman Dovey AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES; None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 19th day of May , 1981. ® • OP .044:710 KYO;knO TEM RONALD DUNIN ATTEST: ACTINX CITY CLERK PAjL.JfVOGES APPROVED: Cit��istrative Officer 66�- iR ttorney 1 t ngineer R 4493 5 M1 Eo - RESOLUTION NO. 4370(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS. OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION NO. 80 =128 LOCATED AT 350 AND 355_ WOODBRIDGE 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 -128 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 oroposed and density of development which is permitted by the M zone. 3, The design is not.likely to cause substantial environmental damage or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public - easements for access through, or use of, property within the proposed subdivisions. SECTION 2. That the approval of the tenative` map for Minor Subdivision 80 -128 be subject to the following conditions 1. Subdivider "shall dedicate an easement as described.in Exhibit "B" of City Council Resolution No. 3270 (1977 Series). Subdivider shall install landscaping and a 10 -foot asphalt walkway within .said easement, to the. approval of the Community Development and Public Services Departments. 2. Subdivider shall dedicate additional right -of -way as necessary to construct a 50 -foot radius cul -de -sac. 3. Subdivider shall complete installation of curb, gutter and sidewalk along Woodbridge Street frontage of the subdivision. 4. Subdivider shall install street trees on "Woodbridge frontage to the approval of the Public Services Department within a 10 -foot easement dedicated to the city and shown on the final map. 5. Subdivider shall grant to the city storm drainage and maintenance easement for the channel at the southerly tract boundary to the approval of the Public Services Department. R_4370 U Resolution N0.4370(1981 Series) Minor Subdivision 80-128 Page 2 6. Subdivider shall. perform all grading and channel modification work- to the approval of the City Engineer.. 7. Final man shall have a note stating that access rights to Woodbridge Street (paper street) across the easterly boundary of the subdivis-ion are dedicated to the city and no vehicular access shall be allowed. 8. Subdivider shall installed'one street light at Woodbridge Street.*cul-de-sac frontage to the satisfaction of the.ci.ty and.utili , ty company standards. On motion of Councilwoman Billig seconded by-Codiicilman Dunin and on the following roll call vote: AYES: Councilmembers. Billig, Dunin, Miingerand Mayor Cooper NOES: None ABSENT: Councilman Bond the foregoing resolution was passed and adopted this 7th day of January 1981. sILYNN. R. COOPER Mayor Lynn R Copper ATTEST: s/J.H. FITZPATRICK City Clerk J.H. Fitzpatrick Resolution No. 43761981 Series) Minor Subdivision 80 -128 Page 3 APPROVED: City Administrative Officer. City Attorney 1. 4;r q Community velopment � irector City Engineer' I i i I �•,..Fa m c ;Eg1'.. A�, i l. r.ae8 5 rl o V p x 2 F^ �u VL `w ♦, 8� u ` i e � y�'� � �3pr .S lK > �t �+ Tas2 'G .� \ aV rw °° '` e�a i p•L p � u \C � Qv'£° ° 4' r' v S� +C •l I- Sc��`! p+ y��a�•�fa, �`� i, t y. 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VI to _ SPD JDU WOOOOBRIOGE STREET 2T1 32S •,- 1 M tr. I ;un.T Jon. c ..ro vrLn.rrv•.�+ � T rsx 2 FARCE Ls ALtlt. Arerss A /C -40 I or t. I O O 1 I O I O O 1 0 M SOUTH STREET neP/] O I P6.• w •r9 i6S -.y 4 z M5 71-161 TRACT G34 mw, ,UYAV ��: NI i. !01.1 wJcY4n w _ m WRTR fyRWfpi cc V'uLfLt I M. VI to _ SPD JDU WOOOOBRIOGE STREET 2T1 32S •,- 1 M tr. I ;un.T Jon. c ..ro vrLn.rrv•.�+ � T rsx 2 FARCE Ls ALtlt. Arerss A /C -40 I M 3 ' '5-L .W-W uw flut - -6L Rv9.JTi0N ZS"1b" 6"TJsireerx,pr (..Y •ILL M. ELTPMt or !Cti j — I.1 � Al 1 • z ! i — R -4 -SP Q /R-4 a � a W N OPEN SPACE NO ADDRESS A/C -40-SP R -2\ -SP i K.•, luo�c ..;c..^ QG4� iT'T� A /C-4 j .EXQOSIZ�ON R -2 -S F' . s .�' oo P- - _ e A /C -40 -SP �y AGREEMENT THIS AGREENIEN1', dated this ,Gf7% day of 19 by and between c�DffN �. %i /it/Go herein referred to as "Subdivider ", and the CITY 01' SAN LUIS OBISPO, herein referred to as the "City". 14ITNESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,. description of which is shown on final parcel map SLO 80 -128 at 355 Woodbrid City of San Luis Obispo, California ", as approved by the City Council, on the /j�' day 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 :is set forth on the plans therefore. NOW THEREFORE; in consideration of the foregoing, the Subdivider does hereby agree .o construct and install the following subdivision improvements in accordanc., 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 SIDEh ALKS ?. STRI.LT BASE an,l SURFACING 3. WATER MAINS :und SEWER yIf \INS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspec- tion and approval of such facilities by the City, each public utility shall be required to file a letter statin'- that the developer has prop - erly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. 'All the above facilities shall be installed in the locations designated and to the plans and specifications on file and apn ovcd by said City Engineer. The lin_�: and grades for all of said improvements shall he establshed by the Subdivider in accordanc- with said approved plans and specifications. ;;,, r M The Subdivider agrces that tlrc work of installing the ;rbovc improvements shall begin within thirty ( 30 ) days from the (laic of recording of the fin;ii map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City Council, provided that if completion of said work is delayed liy'acts of God or strikes, the Suhdivi.ucr shall have an additional period of tine ec(uivnlent to such peri.od of delay in .dhich 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 tho provisions of Section 2819 of the Civil Code of the State of California. The Subdivider does also agree to comply with the following conditions establi- shed by the Planning Commission and /or the City Council.. 1. Subdivider shall complete installation of curb, gutter, and sidewalk and pavement along Woodbridge Street frontage of the subdivision. 2. Subdivider shall install street trees on Woodbridge frontage to the approval of the Public Services Department within a 10 -foot easement dedicated to the city and shown on the final. map.. 3. Subdivider shall perform all grading and channel modification work to the approval of the city engineer. 4. Subdivider shall install one (1) street light along Woodbridge Street cul -de -, sac frontage. 5. Fees due: water acreage (0.663 ac X $1160 /ac - $769._14) water frontage (141.66 ft X $11.60 /ft = 1643.26) 6. Installation of 10 -foot wide asphalt concrete pedestrian walkway within abandoned Woodbridge Street.- As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of Section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of,the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. -2- b Ito Subdivider he, y attaches hereto, and as an TIgral part hereof, and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /}fond) is in the amount of..$ 40,000.00 , and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements- occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 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 i.mprove- 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 $ 1,200.00 , from which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the r C 1,200.00 the difference is to be aid inspection fees exceed the sum of P by the City of San Luis Obispo.. The'City reserves thesole_discretion in determining -3- . G G 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, entiticd "Subdivision" - All plans and specifications on File with said City lin.�;inecr as a part of said Subdivision Map, and all other docw:ients filed ..,ith the City by the Subdivider and approved by the City P.ngi.necr are hereby referred to for further particulars in interpretinn and defining the oblil;ations 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. I\ WITNESS h1l1EREOF, this agreement has been executed by: day of 19 Approved as to °form City Attorney day of 19 g/ Ci y Engineer -a - s IRON DUNIN Mayor - Attest: s /PAMELA VOGES ' City Clerk J State of California f County of Santa Cslara On May 7, 1981 , before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Patricia Golden known to me to be Attorney -in -Fact of Developers Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. 4! IN WITNESS WHEREOF, I } '.. My Commission Expire 360212--6-66 OFFICIAL SEAL MARY C. COOK inrwRY pUSUC — CALIFORNIA Cougn Of SANTA CLAM Comm. Fxp• July 20, 1984 official seal, the day and year stated in this certificate above. Notary Public N It DEVELOPERS INSURANCE CO(r,PANY LUNU NU. P. 0. BOX 884 r'��� tEMIUM: LOS ALAMITUS, CALIFORNIA '.J LABOR kNO MATERIAL BOND - SUBDIVISION IMPROVEMENTS (Section 11612 Business.and Professions Code) KNOW ALL MEN BY THESE PRESENTS: That John E. King.Development_co. Subdivider as Principal, and DEVELOPERS INSUi2ANCE COMPANY, a California corporation, as Surety, .are held and fir-wly bound unto any contractor, his subcontractors and to any and - all persorE,cou:panies and corporations furnishing labor or materials, or renting equipment to the contractor or his subcontractors for perfor•rnance of the agreement or ayreeu:ents hereinafter referred to for the payment of moneys due to any of them in a total amount not to exceed Twenty Thousand and no /100 ($20.000.00) The condition of the foregoing obligation is that whereas the-said principal has entered into an agreement or agreements which are made a part of this bond, with the City of San Luis Obispo for the improvement of streets and ease - ments in the subdivision designated as TractSLO 80 -12 Bas required by the Business and Professions Code, as indicated above. NOW, THEREFORE, if the above principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing Labor and Materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 11612 of the Business and Professions Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and; persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the Surety. Signed; sealed and dated this 7th` day of _ May 19. 81 John E. King Deve opment Co. A ri nc Principal DEVELOPERS TNqURANCE COMP Y� BY: Patricia Golden, At ,t% ev in :act Attach notarial acknowledgment of signature of Attorney -in -Fact. 0 GENERAL POWER OF DEVELOPERS INSURANCE COMPANY ATTORNEY LOS ALAMITOS, CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That DEVELOPERS INSURANCE COMPANY. a corporation, duly organised and existing under the laws of the State of California, and having its Home IC IA i the Citv�of and la itos ' al f o nia � made. constituted and appointed and doe, by these presents make, constitute and appoint jointly or severally its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, placcand stead, to execute, seal, acknow ledge and dclrxerartp and all bonds, undertakings, recognirances or other written obligations in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorncy(s) -in - Fact may do in the premises. This power of attorney is granted pursuant to Article IV. Section I I and 12 of By -laws of DEVELOPERS INSURANCE CO M PAN Y adopted on the 30th day of March. 1979, and now in full force and effect. Article IV. Appointment and Authority of Resident Assistant Secretaries, and Attorney -m -Fact and agents to accept Legal Process and Make Appearances. Section [I. The Chairman of the Board, the President, any Vice President, any Secretary or any Treasurer may appoint attorneys -in -fact or agents with power and authority. as defined or limited in their respectise power of attorney. for and on fichall of the corporation to execute and deliver, and al fix the seal of the corporation thereto, bonds, undertakings, rmognuances, consents of surety or other written obligations in the nature thereof and any ti said officers may rcmo%c such attorney -m -tact or agent and rouse the power and authority given to him. Section 12. Amy bond, undertaking, recugm /ance, consent of surety or written obligati ern in the nature thereof shall be valid and binding upon the corpora4un w hen signed by the Chairman of the Board, the President, am' Vice President err any f rcasurer and duh attested and scaled, it a seal is required. by any Secretary or w hen signed by the C hairman of the Board, the President. and Vice President or any Reasurer and countersigned and sealed, if a sea is required. by a dull' uulhort/ed at lorney-Ln*dCI or agent and any such bond. undertaking, recogni/ance, consent of surety or w NUCTI obligation in the nature the Leto shall be %a l id and binding upon the corporation w hen duly executed and sealed. d a seal is required, be one or more attorneys -indact or agents pursuant to and within the limits of the authority granted by his or their powers of attorney. This power of attorney is signed and scaled under and by the authority of the following Resolution adopted by the Board of Directors of DEVELOPERS INSURANCE COMPANY at a meeting duly called and held on the 13th day of January, 1980, and that said Resolution h5s not been amended or repealed: - RESOLVED, that the signature of any Vice- President. Assistant Secretary, and Resident .Assistant Secretary of this Corporation. and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS W H EREOF, DEN ELO PERS INSURANCE COM PANT' has caused these presents to be signed by its Secretary, and its corporate seal to be hereunto affixed this 14th day of January. 1980. 0 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. DEVELOPERS INSURANCE COMPANY B y Paul E. Griffin, Jr., Secretary On this 14th day of January, 1980, before me personally came Paul E. Griffin. Jr., to m known, who being by me duly sworn, did depose and say: that he is Secretary of DEVELOPERS INSURANCE COMPANY, the Corporation described in and which executed the aboveinstrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. OFFICIAL SEAL. ` MARY ROSEN "r NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY i My comm. expires SEP 6, 1981 19436 Ventura Boulevard, Torzona, CA 91356 CERTIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. Mary Rosen, Notary Public 1 the undersigned Vice - President of DEVELOPERS INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article IV, Sections I I and l2 of the By- laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at Los Angeles, California, this day of , 19_E�L. C C fy 1 Stateof California Countyof Santa #Clara On April 16, 1981 therein, duly commimtoned and sworn, personally appeared . before me, a Notary Public in and for said County and State, residing Patricia Golden known to me to he All * orney to -Fact of DEVELOPERS INSURANCE COMPANY the corporation described to and that executed the within and foregoing instrument, and known to me to be the person who executed the raid instrument to behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same IN WITNESS WHEREOF, b My Commission Expires 360212 6.66 the day and year stated to this certificate above. OFFICIAL SEAL C MARY C. COOK NOTARY PUBLIC — CALIFORNIA= COUNTY OF SANTA CLARA _ Notary Public Comn. Exp. Ady 20, 1984 DEVELOPERS INSURANCE COMPAr:Y P:yO.. Box 884 Los - Alamitos, California PERFORMANCE BOND - SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS: That John E. King Development Co. Subdivider, as ' Principal , and DEVELOPERS INSURANCE COMPANY, a California Corporation as Surety are held and firmly bound unto City of San Luis Obispo_ in the oerial suffi of Fortv Thousand and 'no /looths ($40,000.00) Tor the payment of which 4iell and truly to be made, said Subdivider and Surety bind themselves, their heirs, executors, administrators, successors aril assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS that the Subdivider, as a condition of the filing of the final subdivision map of Tract sLO 80 -1z8 entered into an agreement or agreements with said City of San Luis Obispo to complete the improvements specified in said agreement or agreements. NOW, THEREFORE, if the Subdivider shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by Citv of San Luis_ Ci , c;,Jo with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in force and effect. Signed, sealed and dated this 16th day of April 19 .8.1 John E. King Development Co. Princ pa rk� - DEVELOPERS URANCE COMPANY. , 2-1 Patricia Golden; •& torney -in -Fact Principal r Attach notarial acknowledgement of signature of Attorney - in -Fact. j'.,GENIERAI. POWER OF -0EVELO11ERS INSURANCE COMPY�Y ATTORNEY LOS ALAMITOS, CALIFORNI:1% KNOW ALL MEN BY THESE PRESEN "IS: That DEVELOPERS INSt RANC'E CO%IPANY, a \orporatum, duly organvcd and existing Wider the laws of the State of California, and ha \ing its Horne Office In the Clts of Los Alamitos. California, ha, made, constituted and appointed and dues b\ these presents make, constitute and appoint PATRICIA GOLDEN and DOROTHY ATWOOD jointly or severally its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in Its nanic, place and stead, to c \ccate. seal. aik ❑t}w ledge Gild dell'. er ally' and all bonds• undertakings, recognitances or other written obligations ul the natnfc ihejeol and to bind the Curpuration thereby as fully and to the sa me exte nt as it such hand, were slgllcd h•, lire PlC,IdCnt, \Caled with the corporate ,cal of the <'I,rporauon and duly attested by its Secretary, herchy ratifying and confirming all that the Najd Attorocy(s) -in -I act may du in file plenlises. This Dower of attorney is granted pursuant to Article IV, Section I I and 12 of By -Laws of DEVELOPERS INSURANCE COMPANY adopted on the 301h day of March, 1979, and now in lull force and ellect. Alncle IV, Appouumcni and Authority of Rcv idnit Assistant ScCrCtarlc%. and A 110MC\-111-I'.it[ Alld agcuh lu accept 1 ckhal Powv,, and %ta Le Apl,ca Llllccs. Section 11. 1 he Chairman of the Board. the Yremdent, ane Vice PK,idelll, an% Seel eta,v or ally I m:nurtt mayapp,, Liu :u torncs+ -in -Lief or agent, wllh pu,9rr.uW euthor,l\. us defined or lunited m their rcspectr,c power ul attorney, lur.ind on hehall ul the corptlrauon to C..NCCL tC and ddn er• and at In the wal of the corporatwn thereto, bonds, undertaking+, recognirances, consents of surcp Lin other written ubliptiwn in th< nat ore there,,[ and any Ill ,aid all mef+ may }cmo,c wd1 attorney -in -I act ar agerit andre+oke the power and authorm gocn to him. Section 12. Am hood. undertaking, recognvemc. cun,cln ul ,urct% ur uralcil ohhgauoll it the n.nmc ihcieul +hall lie,alld and hinding upon lhecorpmatimi w hcn,lgncd by the Chairman ,I the Hoard. the Pre,ident, an y li lce Prcvdcnt it I ca,urer anddul,auc,ted and,caled.11a,c}IIS IC quiled,hy any SUL reta IN ur u hen,lgncd h\ the Cli,u}man of the Hoard, the President, and Vice Pre,ident or am I nv,urer ;trill countersigned and waled, it a ,cal i, Iequied, h, a duly authurvcd attorney- m -nict in ILoll and au_, such hond. untie eta k or g, rce ugn it a ice, Comcnl of ,Lire 1, or written uhlir.mon in the notate Ihcreol shall he , .,hit and holding upon the curponuun u hen duly e\ac tired and waled. d a aeul IS required, by Line or mute auorne„ -m -Lice ur arena punuaut to and ultluo th< lonn+ ul the aulhoors glanced M hi+ ur their powers of atturicy This power of attorney is signed and xalcd under and by the out lority of the 1011o\ving IC'exdution adopted by the Board of Director of DEVELOPERS INSURANCE. COMPANY at a lllectttlgdul \' called and held till the 14th day III January. 1980, and that said Resolution has not been ainendcd or repealed. ­RESOLVED, that the signature of an Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed nil any power of anorncy. on any resoc:nion of any power of at tot nev, or certificate bearing such l: csimilesign:uure or facsimile seal shall be valid and binding upon the Corporation." IN W17N ESS WHrIt EOF, DEV ELO PERS INS URANCE COMPANY has caused these presents lu be signed by its Secretary, and its corporate seal to be hereunto affixed this 14th day of January. 1950. II/Y1P }I u`- STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. fly DEVELOPERS INSURANCE COMPANY Paul E. Griffin, Jr., Secretary On this 14th day of January, 1980, before me personally came Paul E. Griffin, Jr., to in known, who being by rile duly sworn, did depose and sac: tha( he is Secretary of DEVELOPERS INSURANCE COMPANY, the Corporation described inand which executed the aboyc instrument; that he knows thesealof said Corporation; that the seal affixed to the said instrument is such corporate seal; that It was sal alllxed b\' order of the Board of Directors of said Corporation and that he signed his name thereto by like order. My comm. expires SEP 6, 1981 19436 Ventvro Boulevard, Torzcna, CA 91356 CERIIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. Mary Roscn, Notary Public I the undersigned Vice- President of DEVELOPERS INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CER -I -11Y that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article IV, Sections I I and 12 ofthe By- laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at Los Angeles, California, Ihls��° day of ����G' . 19 �l• ou.."..--i OFFICIAL SEAL. MARY ROSEN NOTARY PueLIC - CALIFORNIA 'f LOS ANGELES COUNTY My comm. expires SEP 6, 1981 19436 Ventvro Boulevard, Torzcna, CA 91356 CERIIFICATE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. Mary Roscn, Notary Public I the undersigned Vice- President of DEVELOPERS INSURANCE COMPANY, a CALIFORNIA Corporation, DO HEREBY CER -I -11Y that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article IV, Sections I I and 12 ofthe By- laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at Los Angeles, California, Ihls��° day of ����G' . 19 �l• ou.."..--i r, MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 5, 1977 - 7:30 P.M. COUNCIL CHAMBERS, CITY HALL Roll Call. PRESENT: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor Schwartz ABSENT: None City Staff PRESENT: J.H. Fitzpatrick, City Clerk; R.D. Miller, Administrative Officer; Allen Grimes, City Attorney; Rudy Muravez, Finance Director; Roger Neuman, Police Chief; D.F. Romero, Director of Public Services; Lee Schlobohm, Fire Chief i --------------- ------ -------- — ------- — -------------------- A. Request from the property owners and businessmen on Broad Street requesting that the City Council reconsider their appeal to eliminate the no parking on the east side of,Broad Street which is presently affecting their business. It was moved by Councilman Gurnee, seconded by Councilman Petterson, that the matter be set for 7:30 p.m., April 13, 1977 for public hearing with a. frill staff report on the history of the project. Motion carried. 1. Michael Butala,_Poly_.Royal Publicity Chairman, presented to the Council the Cal Poly Queen and her court and invited the City Council to take part in the Poly Royal celebrat�1977. 2. At this time the City Council held a public hearing on Resolution No. -3270 (1977 Series), a resolution of intention to abandon a portion of Woodbridge Street. Mayor Schwartz declared the public hearing open. Rob Strong, Community Development Director, presented the recommendation of the Planning Commission that the Council proceed with their hearing but that final action on the abandonment not take place until a complete development had been completed. Mayor Schwartz declared the public hearing closed. On motion of Councilman Dunin, seconded by Councilman Petterson, the Council concurred that the street had no future public need but that it be continued to the appropriate time. Motion carried. 3. At this time the City Council held a public hearing to receive bids. for surplus land at lower Higuera Street (Eagles'Lodge).. The City-Clerk reported that a bid had been received for $6•,000.50 on behalf of the Eagles Lodge. '- Mayor Schwartz opened the public auction. No one appeared to add a bid. Mayor Schwartz declared the public auction closed. u ty city of sAn leis ®hispo 990 Palm Street/Post Office Box 8100 * San Luis P4ispo, CA 93403.8100 I April 16, 1991 Mr. John King King Ventures- 290 Pismo St. San Luis Obispo, CA 93401 RE: Minot Subdivision 80-128; 325m355 *Woodbridge Dear Mr. King. a The City of San Luis Obispo hereby releases the enclosed. grading bond for $5,000 dated October 29, 1980 for the; above mentioned property. This bond had been required for grading and realignment of South Street channel required as a condition of the parcel map (202 At 355 Woodbridge Street). .1 apologize for the delay. I hope this hasn't caused .any inconvenience. If-you have any questions, Sincerely, Kfin Condon— Assistant City Clerk KLC:Ijh enc. cc: I Kenny, Engineering please contact me at 5494101 r- /-N, . iiiillllllplli° 91!b; city Of San US OBISPO ` M E M O RA N UU M 955 Morro Street • San Luis Obispo, CA 93401 TO Cj� ✓�W� FROM SUBJECT � DATE ��� Z..� / r •G� ol Ec. FIVCD AN A 51991 a .Zrlifp i 6 &86 siw �t�ed�sa'�'% CITY OF SAIN LUIS OBISPO GRADING PEMILT No Location of work Address -325 - 355 Woodbridge owner John King bev. Co. N @ r 14 side of_ Woodbridge between Beebee & qul-dj�=sac is Lot --2,3-, $ 4 Block XYEXU SLO-73-202 total Cut or Fill 4500 cubic yards Address 870 Industrial Way Contractor owner .Phone No. 544-4444 Plan Checking Fee $ 20.00b Permit Fee $ 145.00 TOTAL FEE $ 175.00 Remarks and Conditions: Fish & Game permit required. Sediment.control Per Fish & Game requirements. kip-rap required along entire•channel side. * w t oil C) I hereby agree that all work performed under. this permit shall be in accor- dance with provisions of the Municipal Code, .'sli Ordinances and kesoLutions- of the City of San Luis Obispo and each condition of this permit. 1 understand that fall to do so sha-'L cr'notiLuLe a provisici!-, of Art;'-I.0 r One, Chapter 2 of the Municipal Code. I also agree to be responsible or to assign responsibility to call for inspeCLIC,11S by the City at appropriate times during the project. The appropriate times will be determined by the City's inspector. Excess fill material and construction debris is to be disposed of at no export (Mate locatio,i Signed ateQ 17 Approved Community Development Department Original Engineering r �Gpies: Ao.plilcant, Address File, Public Services ' uRADLNG ANDIOR 1-, J:AINING WALL WND 2 -1.30 -382 1IUIV1: 90.00 fvN(7�q ALL rII::N B•i THESE PRLSi:N`1'S.: John hi.n2 Of San Luis Ohiilm,- State of California as Princip.l, and The Ohio Ca�,ujjry fees, �,tiich shall or may at any time happen to cane to it Insurance Company as Surety, are held.and firmly bound• Wito City of San Luis Obispo. . as Villly , in the penal sum of Fivc. Thousand and No /100----------- .------ - - - - -- Dollars �$S,000.00 lawful money of the United States, for the payment of which; well and truly to be bade, we hind ourselves, our heirs, executors and administrators, successors and assigns, jointly, severally, and firmly by these presents. T;,r(;Ea:AS, die -love bounden Principal,has ?pplied for A M%DING AND /OR A PL-TAINING PER -1IT IN ACCOrLWCE TO PLANS ON FILE AT THE . CITY OF SAN . LUIS OBISPO U4GINELRING DEPAL� N2 NCE 4T WITH REFERE TO THE LJi ATION Of Grading and Re- Alignment of South Street Channel.required as condition of Parcel Map 73 -202 at 35S Woodbridge Street, San Luis Obispo, California A:OVd 1i1li1:1 E'OP•i , the condition of this obli, cation. is such that if said perinit is granted to the said Principal, and if said principal shall during the life of said point faithfully observe all Ordinances of said Obligee, and faithfully perform the duties required by Ordinances, rules or regulations, alid hold 11almless and indemnify said Obligee frcatt all actions, suits, costs, cLar.iages and expenses, including attorney's fees, �,tiich shall or may at any time happen to cane to it for or on account of any injury or damage received or sustain J any person, as a result of the work authorized by said pLrmi.t, then the above (,)Uligation shall Lxa void; OdleYll ;ise to be and .remai.n in full force and effect., _ SiL111L'a; se,,Jcd and data:. . this 29th day of October, 1980: State of CALIFORNIA County of SAN LUIS ss: OB ISPO On therein, duly c OCTOBER 20.1 1980 before me, a Notary Public in and for said County and State, residing ommissioned and sworn, personally appeared T 'fARVII�l DEE known to me to be Attorney -in -Fact of the corporation, described in and that executed the th withi CASUALTY gINSURANCE ep�t��YoNn to me to be the r the said instrument in behalf o[ the said corporation, and he. duly acknowledged to me that such corporation executed the same, Person who executed IN WITNESS WHEREOF , hand and.affixed my official seal, the day and year stated_ in this certificate above. •� +. ti OFF16W SEAL Y Commission Expires _ ALLYN LEE 360212$66' + ' LOS ANGELES COUNTY CER `IED COPY OF POWER OF f. rORNEY THE OHIO CASUALTY INSURANCE COMPANY HOME 0FnuF_ HAhMTON, Ofuo No. 14 -900 • ►1iU111 111 {Pp tll9 �4esp 11rPSPttIB: That THE OHIO CASUALTY INSURANCE COMPANY. in pursuance ' of authority granted by Article VI. Section 7 of the By -Laws of said Coinpeny, does hereby nominate, constitute and appoint: Marrin Dee or Gregorf it. Morris or Philip F. Chew _ of San Luke Obispo'. CaliPomia - its true and lawful agent and attorney -in -fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS. UNDERTAKINGS, and RECOGNIZANCES. not exceeding in any single instance 7 Fz'i _ ($ 5 Qrj�J(IQ. �� — ) Dollars, cl d �'j�l'IOit _ _ _ _ _ _. — — — _ — — — — d _h a ex u rugs however, any bonds) or undertaking(s) guaranteeing the payment of notes as 3,000 �t t ereon j And the execution of such bonds or undertakings is pursuance of these presents, shall be as binding upon said Company, I as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney (a) -in -fact. t�elll.!Nrgys In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty e !� Insurance Company has hereunto subscribed his name and affixed the Corporate Sea] of'the -] SEAL S2 said The Ohio Casualty Insurance Company this 14th, day of September 19 77. it %•tct gyp ♦ r \�° (Signed) h L vorfii= ......I'i t �� t1�. C1.lL1 ice... T • 17 u eanmo wo "� ....................... ............................... - .. «.. ................... ........ ........ STATE OF OHIO, l ss Assistant Secretary COUNTY OF BUTLER I On this 14th day of September A. D. 19 77 before the subscriber: a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, "me i1oh�i�T. IIafh>fn /1td9%tt�lat�seC�1�3tFtbl�r of THE OHIO CASUALTY INSURANCE COMPANY, to me persons, y own to the tiadtvt ua n o cer escn a in. and who executed the preceding instrument, and he acknow. lodged the execution of the same, and being by me duly sworn do oseth and saith, that he is the officer of the Company aforesaid. and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. `pateus0111" IN TESTIMONY WHEREOF, I have hereunto act . my hand and affixed my Official ........ !��'�o Seal at the City of Hamilton, State of Ohio, the clay and c 811 y year first above tttea. (Signed) D wr 03.yjt Bibee .................?3Y..... , ..................... .......................:fco Notary Public in and for County of Butler, State of Ohio �r4rrnuon�tte���\a My Commission expires �?3.CiYRlh.x.a.1. %51f.a.. This power of attorney is granted under and by authority of Article VI, Section 7 of the By -Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE Vl" "Section 7. Appointment of Attorney -in -Fact, etc. The chairman of the board, the president, any vice- president, the ecretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys -in -fact for the purpose of signing the name of the Company am surety to, and to execute, attach the corporate meal, acknowledge and deliver any and all bonds, reeognizaaces, stipulations, undertakings or other instruments of suretyship and policion of insurance to be given in favor of any individual, farm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division. This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: - "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by -laws to appoint attorneys in facts the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original oigaaturea and seal to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by -laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full fore. and effect on this date. IN WITNESS WHEREOF. EOF. 1 have hereunto set my hand and the seal of the Company this day of A. D., 19 yye� \II.!Nta��, ��/ , X121- - Assistant -CORDINO REQUESTED BY: 8 °Uo r jT;Y OF SAN LUIS OBISPO r (TN FfECORDED PLEAS- RETURN TO: ° d0CA HE / 2880 I CITY CLERK'S OFFICE Cify of San Luis Obispo P.O. Box 321 Sam Luis Obispo, CA 93401 =Z53 ' DOC. N0. OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL MAY 2 61981 WILLIAM E. ZIMARJK COUNTY RECORDER TIME x'02 A . kA ' RESOLUTION NO. 4492 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF WOODBRIDGE STREET (BETWEEN BEEBEE STREET & EXPOSITION DRIVE) IS UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSESAND ORDERING THE ABANDONMENT OF SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on April 5, 1977 pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code and Resolution No. 3270 (1977�Series), this Council finds and determines that the shaded portion of Woodbridge Street delineated on Exhibit "A ", and described on Exhibit "B ", attached hereto and incorporated herein, is not necessary for present or prospective public street purposes and said portion is hereby ordered abandoned subject to reservation of an easement for City Sewer and Water Mains and Public Pedestrian Access Purposes, as indicated on said Exhibit "A" and described on Exhibit "B" attached hereto and incorporated herein by reference. SECTION 2. The City Clerk shall cause a certified copy of this Order of Abandonment to be recorded in the San Luis Obispo County Recorder's Office. VOL 2328PAGE 568 R 4492 Resolution No. 4492 (1981 Series) -6 on motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 19th day of May , 1981. Mayor Tem Ronald Dunin ATTEST: d""'z Id. Acting City Cler Pam a Voges Approved: City A ministrative Officer City Attorney City En eer vol. 232SPAGE 569 ' Y �lm EX'H /B /T A WOOOM7 1019E ST,QEET ABA/i/DO"FA-1r- E L Y OF BEEBEE s vo: 2 8 ?a ,g15)"Aul AREA OF ABANDONrtfENT EA4E.l�ENTRESD?YEDFO.PSEIS/FX, N DED /L'ATIpNF 1W,47Z 2 �'PEGiS'T.PG4N ACCESS' PURPOSES' SCALE= /" = 6D' TR. 634 //6.60' TPOB MYOOD91 -Ul E C /TY ST.�7EET E/ISELliIENT " "` �1r ZODBZ' 6000\ / 2i6.DD' "' pFEA9E.t��QVTPER /695Gt41B9 0- �'3�`f¢ 23 P.S'OPD9ED OED/ (PE,e MS•8o T /GYt/ Zg) �- OFB�9R /N6'S 6 4.35- N. L /NE o1c"w ODBR /DGES'T. PEA' Ti4. 634�,YB9ej93 ?1W EX'H /B /T A WOOOM7 1019E ST,QEET ABA/i/DO"FA-1r- E L Y OF BEEBEE s vo: 2 8 ?a ,g15)"Aul "EXHIBIT B" DESCRIPTION OF ABANDONMENT AND EASEMENT RESERVATION That portion of that certain easement for street and utility purposes over that portion of Lot 10 of the Beebee and Phillips Tract deeded to the City of San Luis Obispo on November 1, 1972 and recorded in the Office of the County Recorder, City of San Luis Obispo, County of San Luis Obispo, in Vol. 1695 of Official Records, page 289 described as follows: Beginning at the northeasterly corner of the above - described easement, also being the southeasterly corner of Tract 634 and the true point of beginning; thence North 89033'21" West a distance of 116.60 feet along the southerly line of Tract 634, also being the northerly line of the easement described in 1695 or 289, to a point; thence along a circular curve, concave to the west having a radius of 50.00 feet through a central angle of 7304412311, a distance of 64.35 feet to a point, on the southerly line of the aforementioned easement; thence easterly a distance of 116.60 feet, more or less, to the southeasterly corner of said easement; thence northerly a distance of 60 feet, more or less, to the true point of beginning. Reserving therefrom the northerly 20.00 feet of the southerly 45.00 feet for City sewer and water mains, and public pedestrian access purposes. END OF DOCUMENT va 2328mF 571 RESOLUTION NO. 4491 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -79 -203 LOCATED AT 1443 & 1445 MARSH STREET, M. POLIN /T. PATTERSON; SUBDIVIDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Minor Subdivision SLO -79 -203 as contained in Resolution No. 3993 (1979 Series) . 1 SECTION 2. Whereas a guarantee in the amount of $200 is on file with the ,d1 City to guarantee installation of two street trees.. Staff is authorized to �1 release these funds upon satisfactory completipn of the requirement. SECTION 3. This Council hereby grants approval of the final map of Minor Subdivision SLO -79 -203. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Bond , AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 19th day of May , 1981. ATTEST: ACTING jCITY CLER ES OR 0 TEM RONALD DUNIN R 4491 r Resolution No. 4491 (1981 Series) APPROVED: o /i" City A inistrative Officer City Attorney ) v 16WQ� i y En "nee U GUARANTEE to CITY OF SAN LUIS OBISPO I, the undersigned, hereby place on deposit with the City of San Luis Obispo, the sum of $ 200.00 (XIEXSM14H check) to guarantee: 3Z3Z� installation of two (2) street trees per City Standards for Parcel A of Minor Subdivision 79 -203 at 1445 Marsh Street Block Subdivision Lot (s) Parcel A Minor Subdivision 79 -203 In event I fail to make said improvement(s) within 60 days from this date, the City is hereby authorized to use any or all of said deposit as necessary to complete such improvement(s) and refund the balance of the deposit, if any, to me. In the event the City has to proceed with said improvement(s) and the lowest responsible bid exceeds the deposit, then I agree to deposit such additional amount within 2 days after notice thereof. It is understood the entire deposit shall be refunded to me provided I make said improvements prior to 60 days from this date. Signature �5 -/2 - op/ Date RESOLUTION NO. 4490 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS i. OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SL0- 79- 096,LOCATED AT 630 FELTON WAY AND 585 HIGHLAND DRIVE, CLAUD BATCHELOR; APPLICANT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council previously made certain findings concerning Minor Subdivision SLO -79 -096 as contained in Resolution No. 3879 (1979 Series). SECTION 2. Whereas, the Subdivider has paid a fee.to the city in lieu of installation of frontage improvements along Highland Drive in the amount of $1,900 and has paid park -in -lieu fees of $4,708.84 for Parcel 2. All other conditions have been met. SECTION 3. This Council hereby grants approval of the final map of Minor Subdivision SLO -79 -096. On motion of'. councilman Bond , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Settle and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig the foregoing Resolution was passed and adopted this 19th day of 1981. ATTEST: i� W®R"AR"'M MAYOR SRO TEM RONALD DUNIN IRAN � R 4490 r ; Resolution No. 4490 (1981 Series) Approved: nistra ive Officer City Attorney City En ineer RESOLUTION NO. 3379 (1979 series) A RESOLUTION OF THE COUNCI:. OF THE CITY OF'�AN LUIS OBISPO GRANTIi•1G APPROVAL OF TENTATIVE MINOR SUBDIVISIOid NO. 79 -096 LOCATED AT 630 FELTON WAY AND 585 HIGHLAND DRIVE BE IT RESOLVED by the Council of the City or San Luis Obispo as folio,.-Is: SECTION 1. That this Council, after consideration of the tentative map of Iinor Subdivision No. 79 -096 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 'l. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of develop- ment which is permitted by the R -1 and R -2 -S zones. 3. The design is not likely to cause substantial environmental damage or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with the public 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 -096 be subject to the following condit -ions: 1. Subdivider shall provide an easement to Felton Way-for sanitary stirrer service and storm drainage for lot 2, to the approval of the City Engineer. A lot drainage and grading plan shall be submitted for the approval of the City Engineer. Final map shall. note that drainage improvements are required as a condition of any building construction on lot 2. 2. Subdivider shall pay water frontage and acreage fees as determined by the City Engineer prior to final map approval. 3. Subdivider shall install curb, gutter and sidewalk along Highland Drive frontage to the approval of the Public Services Department. 4. Subdivider shall pay park in -lieu fees per Municipal Code Section 9100.3.12 for lot 2 prior to final map approval. 5: Subdivider shall install street trees to the approval of the Public Services Department on Highland Drive frontage. Street trees shall be planted behind the sidewalk -and placed so as not to obscure vision of motorists. 6. All ne:•i utilities shall be installed underground: 7. Subdivider shall install water and sewer services to lot 2. Water meters shall be located in sidewalk at property frontage. 8. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 9. Depth of lot 1 shall be adjusted to 128 feet. 10. Final r;ap shall have a note stating access rights to Highland Drive with exception of most westerly 20' for driveway are dedicated to the City. On motion of Councilman Jorgensen, seconded by Councilwoman Billig; and on the following roll call vote: AYE: Counrilmerbers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOE r None Minor Subdivisio 1-096 The foregoing resolution was passed and adopted this 19t:1, day of June, 1979. ATTEST: City Clerk J.H. Fitzpatr . ick Approved as to form: City Attorney Mayor Lynn R. Cooper Approved as to content: (1979. series) City aminis qIve Officer RESOLUTION NO. 3079 n (1979 series) A RESOLUTION OF THE COUNCI. OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SU3DIVISION NO. 79 -096 LOCATED AT 630 FELTON WAY AND 585 HIGHLAND DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of ,'4inor Subdivision No. 79 -096 and the Planning Commission's recommendations, stiff rec6nmendations and reports thereon, makes the follo,.iing findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of develop- ment which is permitted by the R -1 and R -2 -S zones. 3. The design is not likely to cause substantial environmental damage or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with the public 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 -096 be subject to the following conditions: .. 1. Subdivider shall provide an easement to Felton Way for sanitary sewer service and storm drainage for lot 2, to the approval of the City Engineer. A lot drainage and grading plan shall be submitted for the approval of the City Engineer. Final map shall note that drainage improvements are required as a condition of any building construction on lot 2. 2. Subdivider shall pay water frontage and acreage fees as determined by the City Engineer prior to final map approval. 3. Subdivider shall install curb, gutter and sidewalk along Highland Drive frontage to the approval of the Public Services Department. 4. Subdivider shall pay park in -lieu fees per Municipal Code Section 9100.3.12 for lot 2 prior to final map approval. 5. Subdivider shall install street trees to the approval of the Public Services Department on Highland Drive frontage. Street trees shall be planted behind the sidevialk•and placed so as not to obscure vision of motorists. 6. All ne,:r utilities shall be installed underground. 7. Subdivider shall install water and sewer services to lot 2. Water meters shall be located in sidewalk at property frontage. 8. All neo-r lot corners shall be staked by a registered civil engineer or licensed surveyor. 9. Depth of lot 1 shall be adjusted to 128 feet. 10. Final m.ap shall have a note stating access rights to Hignland Drive with exception of most westerly 20' for driveway are dedicated to the City. On motion of Councilman Jorgensen, seconded by Counci.lwo;::an Billig; and on the following roll call vote: AYE: Councilweinbers Billig, Bond, Dunin, Jorgensen and Mayor Cooper NOE: None ABSENT: None R 3/879 / flinur SULdivisio 1-096 The foregoing resolution was passed and adopted this 19LII day of June, 1979. ATTEST: City Clerk J.H. Fitzpatrick Approved as to form: City Attorney W-. 3-§ iff I Mayor Lynn R. Cooper Approved as to content: (1979 series) —Llty AQmlnlStry-t!Ve Ofricer n Community Dew-el—opment Department W 1�-q � O FINAL Cl / MAP APPROVAL 0=1734- san WI s OBI sPO CHECK LIST PROJECT NAME DESCRIPTION Divide a lot into two parcels at 585 Highland Drive and 630 Felton Way MAP NUMBER- MS 75, -096 SPECIFIC PLAN REZONING GEN. PLAN USE PERMIT VARIANCE ARC OTHER PUBLIC IMPROVFT•-IFNT CONOTTTONS I! DESCRIPTION _ INITIAL DATE COMMENTS 1 GRADING complete including planting & retaining walls PLANNING COMMISSION f AlkpV -� 2 STORM DRAINS & DRAINAGE STRUCTURES installed I ARCHITECTURAL REVIEW COMMISSION 3 SEWERS & SERVICES installed and tested 20 CITY COUNCIL 4 WATERLINES & SERVICES installed and tested 21 v 5 FIRE HYDRANTS installed and tested 22 1 OTHER 6 CONCRETE installed and approved Curbs and Gutters Sidewalks Driveways 7 STREET & PAVING installed and approved Properly installed and sealed Cleaned Signing, striping and curb painting 8 NON -CITY UTILITIES P.G.& E. -- Electrical Final letter received Street lights installed and operating Cable TV -- Final letter received Telephone Co. -- Final letter received u Gas Company -- Final letter received 9 AS -BUILT PLANS Received and approved 10 PUBLIC IMPROVEMENTS payments received Al 11 AGREEMENT CONDITIONS have been met 12 MONUMENTATION complete L 13 1 STREET TREES planted 4 14 OFFSITE WORK completed = 15 BOND /GUARANTEE deposited 16 OTHER OTHER CONDITIONS 17 BOARD OF ADJUSTMENTS 13 PLANNING COMMISSION 5 /Z g/ 19 ARCHITECTURAL REVIEW COMMISSION 20 CITY COUNCIL +5 21 ABANDONMENTS 22 1 OTHER ATTACH LIST OF CONDITIONS & SUBDIVISION AGREEMENT COMMUNITY DEVELOPMENT APPROVAL j%d 1e -e0 _ _ PUBLIC SERVICES APPROVAL DEPOSIT AGREEMENT IN -LIEU OF FRONTAGE IMPROVD[ENTS I, the undersigned, hereby place on deposit with the City of San Luis Obispo, the sum of $1900 (check) to guarantee installation of curb, gutter,.sidewalk, driveway ramp and paveout on Highland Drive frontage at 585 Highland Drive, Lot Parcel 2, Minor Subdivision SLO 79 -096. This deposit is in lieu of installation of the above improvements. Since the city intends to reconstruct Highland Drive at some time in the future, and grades are not available at this time, preventing me from installing-''said improvements, this deposit is to be considered payment in full as contribution to the city project. if /-A u v /-/. 1341Zewie /ov Signature i_—.S / _ Date � SUMMARY OF FEES G MINOR SUBDIVISION 79 -096 630 Felton Way /585 Highland Drive A. Curb, gutter, sidewalk, paveout on Highland Drive frontage (Paid 5/5/81, receipt no. 7404) B. Park -in -lieu fees $2.35/sf X 4 units X 0.0115 AC /unit X 43560 SF /AC (Paid 5/5/81, receipt no. 7404) C. Water fees (parcel 2) Acreage Frontage 1" service (exclud. meter) (Paid 3/12/81) D. Street trees - installed (parcel 2) E. Sewer lateral - installed (parcel 2) $1,900.00 $4,708.84 $396.37 $959.78 $285.00 $1,641.15 RECORDING REQUESTED BY: OITY OF.SAN LUIS OBISPO NHEN, RECORDED PLEASE RETURN TO; " B .00 R CITY CLERK'S OFFIC% 4076 =0GC!5 Nty of San Luis Obispo P.Q. Box 321 an Luis Obispo, CA 93401 RESOLUTION N0. 4489 (1981 Series) Doc. No. 24738 1, OFFICIAL RECORDS � A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUISSAN LUIS OBISPO CO., CAL OBISPO FINDING AND DETERMINING THAT A PORTION OF SUN 3 1981 ROCKVIEW PLACE (BETWEEN SWEENEY LANE & BROAD STREET) IS UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET WILLIAM E.ZIMARIK PURPOSES AND ORDERING THE ABANDONMENT OF SAME. COUNTY RECORDER TIME 1 1 :5 5 AM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on May 19, 1981, pursuant to Division 9, Part 3, Chapter 2, of the California Streets and Highways Code and Resolution No. 4464 (1981 Series), this Council finds and determines that the shaded portion of Rockview Place delineated and described on Exhibit "A ", attached hereto and incorporated herein, is not necessary for present or prospective public street purposes and said portion is hereby ordered abandoned subject to reservation of an easement for City sewer and water mains and appurtenances and relocation of the existing fire hydrant to be adjacent to the existing curb. SECTION 2. The City Clerk shall cause a certified copy of this Order of Abandonment to be recorded in the San Luis Obispo County Recorder's Office. On motion of Councilman Bond seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Bond, Dovey and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig and Councilman Settle the foregoing Resolution was passed and adopted this 19th day of May , 1981. VOL 2330m,E (iJ R 4489 i Resolution No. 4489 (1981 Series) MAYOR 0 TEM RONALD DUNIN ATTEST: CITY CLERK' PAIYL Approved: Ci y finis five Officer Ci Attorney Pity E ineer Yoe 2330P -OFl20 / , w m 4,PEA 7D ge A31111D0.VED /PESERUED I.V ENT /,QEri As SEWE.2 • AlWrEQ 6AQ -AI6;V7- r .y z ( N 6 /ar23 air m L ,� � I � ✓� /TE W � I \s N � o laic/ uI7 Y /YIAP That portion of Rockview Place per deed to the County of San Luis Obispo recorded November -9, 1933, in Volume 144 at Page 84 of Official Records in the Office of the.County Recorder described as follows: Beginning at the Westerly corner of lot 23 of the Yoakum Poultry Units, a map of which is on file in the County Recorder's Offices thence South 33° 47'.E along the Southwesterly line of lot 23 a distance of 32.64 feet to a point; thence N 120 49' W a distance of 80.82 feet to a point; thence N 32° 21' W a distance of 162.31 feet to a point; thence N 48' 08' W a distance of 103.85 feet to a po "yr. on the Westerly line of lot 16 of said Yoakum Poultry Units; thence S 32° 29' E a distance of 305.521more or less�to the Westerly corner of said lot 23,being the point of beginning. city Of ,, ,� 1 � ri'OCKI� /E!Q/ PLACE ABA.c'DDNME�t/T ^1 San IUI S ON SpO BETGt/EEI/ swEENEY Lsw� � BQDAD S7e., MAY 19N END OF DOCUMENT vai 23`3npAu I ?1 n RESOLUTION No. 4488 (1981 Series) A RESOLUTION OF THE COUNCIL OF.SAN LUIS OBISPO AUTHORIZING THE CITY TO CONTRACT WITH THE STATE PERSONNEL BOARD FOR EXAMINATION SERVICES WHEREAS, the existing contract with the State Personnel Board expires on June 30, 1981; and WHEREAS, the services provided will continue to be necessary; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the attached service contract agreement is approved, and that Ann C. McKibbin,;, Personnel Director be authorized to enter into and sign an agreement with the State of.California, California State Personnel Board, Cooperative Personnel Services, for the purpose of performing examining services for the City of San Luis Obispo. On motion of Councilman Bond , seconded by Councilwoman Dovev, and on the following roll call vote: AYES: Councilmembers Bond, Dovey and Mayor Pro Tem Dunin NOES: None ABSENT: Mayor Billig and Councilman Settle the foregoing resolution was passed and adopted this 19th day of May, 1981. ATTEST: Acting/City' ctin City Cle k Pam a oges Approved as to form: City Attorney 00fF 007 softomft, 0 Maroved o_ •Tem Ronald Dunin Ap as to content: a�4j C ACA �4-� - Personnel Director R 4488 COST SERVICE CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this 19th day of May 19 81 at Sacramento, County of Sacramento; State of California, by and between the.STATE PERSONNEL BOARD, through its duly 'appointed, qualified and acting Executive Officer or his authorized representative, hereinafter called the Board, and the City of San Luis Obispo hereinafter called the Local Agency.. WITNESSETH That the parties, for and in consideration of the convenants, conditions, agreements, and stipulations expressed, and pursuant to authority contained in Section 18707, Government Code, hereby agree to the conditions as found in attached "Cost. Services Contract Rules and Procedures" marked as Exhibit A and "Written Examination Price List" marked as Exhibit 8 which are incorporated herein by reference and made a part hereof. Exhibit_B may be amended by the Board from time to time without renegotiating the contract. Further, the parties agree that.the Board shall, as a normal course of action, submit invoices covering those services rendered during a calendar month and the Local Agency agrees to pay such, invoices within thirty days following receipt thereof: The provisions of the attached Fair Employment Practices Addendum, Standard Form 3 (4/65), are incorporated by reference and made a part of this contract. The term of the contract commences 7/1/81 and terminates 6/30/84. - This contract may be terminated by either party upon giving the other party 30 days written notice of termination. CPS -2 Page 1 r \ j In the event of termination, the Board will be -paid such amount as is due under the contract to and including the effective date of termination. CPS -2 (4/78) Page 2. STATE PERSONNEL BOARD By Manager, Cooperative Personnel Services Title LOCAL AGENCY - - City of SHn T.iii c -Obi ap n Name of Agency By Name Personnel Director Title APR 2.2 1 STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor. CALIFORNIA STATE PERSONNEL BOARD•• LOCAL GOVERNMENT SERVICES DIVISION COOPERATIVE PERSONNEL SERVICES First Floor, 909 -12th Street 714 W. Olympic Boulevard_ =.,•,� Sacramento 95814 Los Angeles 90015 - Sacramento, California April 20, 1981 Gordon Johnson, Personnel Director City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 n Dear Mr. Johnson: The existing contract for personnel examining services between your agency and Cooperative Personnel Services expires on 6/30/81 'For your agency to continue to receive these services, a contract renewal.effec- tive this date is needed. The enclosed renewal contract can extend for a maximum three -year period or for only one or two years as your agency desires. The term of these respec- tive contracts would be as follows: Three -year term: Commences: 7/1/4 Terminates: 6/30/84 Two -year term: Commences: 7/1/81- Terminates: 6/30/83 One -year term: Commences: 7/1/81 Terminates; 6/30/82 We suggest.the three -year period to reduce both your paperwork and ours,.and we encourage your agency to renew the contract even if it is unclear when you will next need our services. By having a contract already in hand, you can avoid rushed last minute contract processing and possible delays in receiving services. Please see the yellow instructional sheet which explains contract execution and return to Cooperative Personnel Services, 909 - 12th Street, Sacramento, California 95814, Attention: Contract Clerk. We appreciate this opportunity to serve your agency. Very truly yours, CvLLC.! —L Janice Shell Contract Clerk Enc. l °EETING AGENDA. YjATE MAX 19 ae, ITEM # A G E N D A R E P O R T TO: City Administrative Officer BY: Ann McKibbin, P.D. SUBJECT FOR COUNCIL MEETING OF: May 19, 1981 ACTION REQUESTED: Adopt Resolution Contract to allow 'us to utilize test examination services provided by the state Personnel Board.- RECOMMENDATION Adopt resolution authorizing the city to contract with the State Personnel Board. DISCUSSION The contract permits us to utilize the Personnel Services of the State Personnel Board. Specifically, we utilize written tests developed for standard positions, as to most small and medium size•.agencies. The charges vary per instrument and number of tests required. (attachments) BUDGET IMPACT None (294 RTSOLUIfON NO.. 4487 (1981 Series) A RESOLUTION OF THE COiICIL OF THE.CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SOUTHERN PACIFIC TRANSPORTATION COMPANY 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 Southern Pacific Transportation Company 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.: R. Muravez, G.. Grote; L. Walton,. W. Peterson, and Southern. Pacific Transportation Company. On motion of Councilman Bond seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Bond, Dovey and Mayor Pro Tem'Dunin NOES; None ABSENT: Mayor Billig and Councilman Settle the foregoing Resolut -ion was passed and adopted this 19th day of May I'�81. J/- MAYOR PRO7 RONALD DUN_I_N ATTEST: vtrfjg�_ b ACTINGI- TY CLERK P VdGES APPROV D: ni 'wive Office_ r R 4487 \:" L Z<C /111J - v - J/ 11/ u1 RECORDING REQU EST L -D BY AND WHEN RECORDED MAIL TO Name street Address r• . City State Stat RETURN THIS COPY TO: ZIP SOUTHERN PACIFIC TRANSP. CO_ 610 SOUTH MAIN STREET LOS ANGELES, CALIF. 90014 I DEED AUDIT No. 6l._.,r,.,7_ ALSO ;,SS ?G °JED AUDIT No. SPACE ABOVE THIS LINE FOR RECORDER'S USE RELMIS : .E -251. 47 -L (N) ATTN: MR. J! L. DURRETT, THIS INDENTURE, made this 1 1 —'day of QYC , 1981, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware.corpora- tion, herein termed "Railroad," and CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, address: P. 0. Box 321, San.Luis. Obispo, California 93405, herein termed "Grantee "; WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained,.the right to construct, recon- struct, maintain and operate an eighteen (18) inch storm drain, herein- after termed "structure," -in, upon, along, across and beneath the propert) of Railroad,.at or near San Luis Obispo, in the County of San Luis Obispo, State of California, opposite Engineer's Station 8909 +86, Mile Post 251.47, in the location shown on the print of Railroad's Los Angeles Division Drawing LADE -02, Sheet No. 1, dated May 1., 1980, attached and made a part hereof. Said structure shall be installed in accordance with minimum req ments of Form C. S. 1741, also attached. and made a part hereof. 1 -a. As a part consideration for the rights herein granted,'Grantee shall pay to Railroad the sum.of One Hundred Dollars ($100). 1 -b. In the event all or any portion of the said premises of Rail- road shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Grantee shall receive compensation only for the taking and damaging of Grantee's improvements. Any other compensation or damages arising out of such taking or condemnation awarded to Grantee shall be assigned by Grantee to Railroad. -1, March, 1980' Z. Project markers in form and sine satisfactory to Railroad, :.identifying the facility and its owner,.will be installed and con- stantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad with - `out expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 3. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the performance of its duty as.a common carrier, and there is reserved unto Railroad,' its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 4� This grant is made subject to all licenses, leases, ease- ments, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property and the word "grant," as used herein, shall not be construed as a covenant against the existence of any thereof. 5. The rights herein granted to Grantee shall lapse and become void if the const- ruction of said structure upon said property is not commenced within one (1) year from the date first herein written. 6. Grantee shall bear the entire cost and expense of construct- ing, reconstructing and maintaining said structure upon said property. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of Railroad. The plans for and the construction or reconstruction of said structure shall be subject to the approval of Railroad. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connec- .tion with the construction, reconstruction, maintenance and removal of said structure, including, but not limited to, the installation and re- moval of such falsework and other protection beneath or along Railroad's tracks, and the furnishing of such watchmen, flagmen and inspectors as Railroad deems necessary. 7. In the event Railroad shall'at any time so requ: e, Grantee, at Grantee's expense; shall reconstruct,, alter, make changes in the location of said structure or otherwise improve said structure upon 'receipt of written notice from Railroad so to do. -2- Form C -I March, 1980 c� 8. In the event of leakage or spillage from said structure or any vehicle in the control or custody of Grantee or any contractor for Grantee, Grantee shall, at its own expense, promptly clean. Rail- road's premises to the satisfaction of Railroad, the Environmental Protection Agency and /or any public body having jurisdiction in the matter. Any expense of required - compliance with federal, state or local environmental regulations incurred by Railroad or Grantee shall be borne by Grantee, including any fines and judgments levied against Railroad or its property. 9. As part consideration, Grantee agrees. to pay Railroad an amount equal to any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one (1) year from the date first herein written. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry on said property for the purpose of constructing•, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to .give Railroad five (5) days' writ- ten notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's author- ized representative-by phone.. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee fails to keep said property and said structure in a good and safe condition, free from waste, then Railroad.may perform the necessary work at the expense of Grantee, which expense Grantee agrees to'pay. to Railroad upon demand. 11. In the event any work upon or in connection with said structure or its appurtenances,- to be done upon or adjacent to the tracks and prop- erty of Railroad, should be let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. Such contractor shall.furnish, at the option of and without expense to Railroad, a reliable surety bond in an amount and in a form satis- factory to Railroad guaranteeing the faithful performance of all the terms covenants and.conditions contained in said agreement. 12. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee, or any property under the control or custody of Grantee while upon or near the property of Rail - road incident to the construction, reconstruction or maintenance of said —structure, caused by or contributed to in any way by the construction, operation, maintenance or presence of Railroad's line of railroad at the above- mentioned location. -3- 5 0 r ' .- STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANC�IS��C�O� ON THIS Z41" DAY OF °vim IN THE YEAR ONE THOUSANp NINE HUNDRED AND EIGHTY-ONE, BEFORE, ME, CHRISTOPHER M. LUNDIN (ONE MARKET PLAZA), A NOTARY PUBLIC IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, FOR THE CITY AND COU14TY OF SAN FRANCISCO, STATE OF CALIFORNIA, PERSONALLY APPEARED W, J, HONOLD KNOWN TO ME TO BE THE ASSISTANT MANAGER, CONTRACT DEPARTMENT, OF THE CORPORATION DESCRIBED IN AND THAT EXECUTED THE WITHIN INSTRUMENT, AND ALSO KNOWN TO ME TO BE THE PERSON WHO EXECUTED IT ON BEHALF OF THE CORPORATION THEREIN NAMED AND HE ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME, IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY �� CHR7kI ER M.LUNDIN HAND AND AFFIXED MY OFFICIAL SEAL AT MY NOTALIC - CALIFORNIA O FFICE IN THE CITY AND COUNTY OF SAN ' ' PRINCICE OF BUSINESS IN FRANCISCO, THE DAY AND YEAR I N THIS CITY AND COUNTY OF CERTIFICAT FIRST A8 ITTEN, " SAN FRANCISCO K /bL My Commission Expires April 8, 1983 r �• NOTARY PUBLIC IN AND F ' THE CITY AND COUNTY OF SAN FRANrisrn. GTAT nr rnitenD.,rA r Form C -1 March,, -.1980 1 Insofar as it lawfully may, Grantee agrees to release and iidem- nify Railroad,. its officers, employees, agents, successors and assigns, from all claims, liability, cost and expense.howsoever same may be caused, including reasonable attorney .fees, for loss of or damage to property and for injuries to or death of persons arising out of the construction, reconstruction, maintenance, presence, use or removal of said structure, regardless of. any negligence or alleged negligence on the part of Railroad employees. The word "Railroad," as used in this section, shall be construed to include, in addition to Railroad, the successors, assigns and affil- iated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said structure, and the officers and employees thereof. 13. Should Grantee, its successors or assigns, at any time abandon the use of said property, or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year,,-the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of, the rights herein - above reserved, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Gran- tee, at its own cost and expense, agrees to remove said structure from said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to ti:e construction of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure and restore said property, such removal and res- toration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay,-to Railroad upon demand, or Railroad may, at its option, assume ownership of said st-- ucture. 14. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WIT*IESS wHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. SOUTHERN PACIFIC TRAidSPORTA COIPANX. _ .i : iA Attestr 7 'I � niruu uepl.. /J - ;Assistant Secretary CITY OF SAN LUIS 03ISP0, By s /RON DUNIN i4ayor Pro Tem Ronald Dunin Hy s /PAMELA VOCE$ Acting City Clerk Pamela Voges -4- COUNTERSIGNED E. L. JOHNSON r- Ill - J �V1c Attor Pres • Cont or sp l/D Co !ii•:j R,,*, D. 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N O oaam 0.� ol o a �a wwwN���� v " oaam ol o a �a 1�tiNcb4+�A�c� O a a A ��Sj•�� 0 n rn E rna 0 Oo (n4 rr Z ti A oaam o H Cb l CA a a A ��Sj•�� a C OT~ tb Z�� �y AC) Re6oZuti.on No. R4486 EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO CAROL LOWMAN FOR HER LONG AND DEDICATED SERVICE TO THE CITY AND ITS CITIZENS. WHEREAS, Canoe Lowman has 6en.ved as a member o6 the City Mau Tnanspontation Committee a.ince -i 6 inception in 1972, ta6t setv.ing a6 acting Chabepetson o6 the Committee; and WHEREAS, Ccvco.e'6 many timely 6uggotign6 on behat6 06 6eniot citizens and bus ni.den6 ha6 been o6 .invatuabee as6"'ta.nce to. the Committee; and WHEREAS, CcAoe'6 many poems negand.ing buses have hekped c vAi6y routes and zcheduees and placed in a tight and ptea6ant penspecti:ve .those tkanspontation i66ue6 which ate o6ten -taken so 6etiousty, and WHEREAS, Cotot'6 un6.aiZing happy di6pos.rti.on ha6 been an .inspi a;ti.on to us aee; and WHEREAS, Cato.e'6 many o-thet eontALbutiow to the community Witt be 6oneZy m.i szed; NOW, THEREFORE, BE IT RESOLVED that thin City Councie. w.ishe6. to exptes6 .its gratitude and apptec.iation to CaAot Lowman bon the 6etv.icu she has pet6oruned and the example 6he has set these many yearn. On motion o6 Counc.ifman Settee, 6econded by CounciZwoman Dovey, I and' on the 6ottow.i.ng nott caU vote: AYES: Councibnembens .Settee, Dovey, Bond and Dunin. NOES: None ABSENT: Mayan. Meta.nie Bittig j i the 6onego.i.ng Ruotution was pa66ed and adopted thin 19th day o6 May, 1981. RESOLUTION NO. 4485 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A FORM OF AGREEMENT BETWEEN THE CITY AND TOW SERVICE PROVIDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain form of agreement, attached hereto and incorporated herein by reference, between the City of San Luis Obispo and tow service providers as may be approved by the Chief of Police is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution to the Chief of Police, who in turn shall provide a copy to each tow service provider contracting with the City. On motion of Councilman Bond , seconded by Councilwoman Dovey , and on-the following roll call vote: AYES: Councilmembers Bond, Dovey-.and:.:IIayor.Pro':Tem Dunin NOES: None ABSENT: Mayor Billig and Councilman Settle the foregoing resolution was passed and adopted this 19th day of May 1981. ATTEST: MAYOR PR fEM RONALD DUNIN ACTING AITY CLERK PAME1V4VddES APPROVED: 1Kti7a ��/L Ci d�ini tra ive 0 icer 06 AzDn� City Atto Finance Dire for Chief Police R 4485 A G R E E M E N T TOW SERVICES THIS AGREEMENT, made and entered into this day of 1981, by and between the CITY OF SAN LUIS OBISPO (hereinafter, "City ") and (hereinafter, "Tow Service Provider "), a W I T N E S S E T H: SECTION 1. Tow Service Provider shall provide tow service to the City of San Luis Obispo on request in accordance with all the rules and provisos set out in the attached "Tow Service Provider Policy," marked Exhibit A and incorporated herein by this reference. SECTION 2. Either party hereto may terminate this agreement by giving 30 days written notice to the other party by first class mail. SECTION 3. Any notice hereunder shall be given to the parties at the following addresses: CITY: City of San Luis Obispo City Clerk P: 0. Box 321 San Luis Obispo, CA 93406 TOW SERVICE PROVIDER: SECTION 4. Tow Service Provider shall receive no compensation hereunder except those fees payable by parties responsible for fees due to towing services rendered hereunder. In no event shall City be under any obligation to compensate Tow Service Provider for services rendered hereunder. IN WITNESS WHEREOF, on the date first written above the parties hereto have affixed their signatures below. CITY OF SAN LUIS OBISPO Chief of Police ATTEST: City Clerk By: Its: —2— �i EXHIBIT A TOW SERVICE PROVIDER POLICY The following rules shall apply to all Tow Service Providers under. contract with the City of San Luis Obispo who are summoned for services by the San Luis Obispo Police Department in accordance with the Department's rotational tow service policy. 1. Tow Service Providers shall be available for response within the incorporated area of the City of San Luis Obispo and within a reasonable distance of those limits on a twenty - four hour, seven day per week basis. Services originating as a result of a call from the Police Department rotational log shall not be subcontracted to another contracting Tow Service Provider or to any other person or business at any time of the day or night. 2,. Tow Service Providers shall be capable of.responding a minimum of two tow, service vehicles within the defined area within twenty minutes. If the Tow Service Provider: first upon the rotational list is unable to respond as required, the Public Safety Dispatch Center shall be so advised so that the Tow Service , Provider next upon the rotational list may be summoned; the5responding Tow Service Provider shall be charged with a. rotation call if it fails to so advise the Public Safety Dispatch Center. 3. Tow Service Providers shall be solely responsible for the safekeeping of all vehicles towed, and for any personal property.within the towed vehicle. In keeping with this responsibility., Tow.Service Providers shall.provide secured areas in which towed vehicles.may be safely stored until ready for release to authorized persons. 4. Tow service and storage fees shall be reasonable and shall not be in excess of lawfully established fees or those charged as a result of requests from persons or agencies other than the City. 5., Tow Service Providers shall maintain records of tow services furnished, including accurate descriptions of towed vehicles, nature of service and time and location of calls. Those records shall be available for inspection upon the request of any duly authorized representative of the San Luis Obispo Police Department. J 6. All tow service vehicles and all tow vehicle operators shall meet all legal require- ments in respect to proper licensing, mechanical equipment, emergency lighting, etc. 7. Tow Service Providers shall comply with Vehicle Code Section. 10652 requiring the reporting of vehicles stored for a. period of thirty days or more. The Police Department shall be supplied with a copy of the report required under Section 10652 of the Vehicle Code. 8. Tow Service Providers agree to hold the City harmless, to defend the City against, and to indemnify the City from all claims, demands and suits made against the City, its officers or its employees, including but not limited to claims, demands and suits for payment of fees, including attorneys fees and court costs incurred by the City, arising from any act or omission on the part of the tow service agency, its officers, employees, subcontractors,. or agents"ia_the _ prosecution of any operation or portion-.thereof under this agreement. 9. Tow Service Providers shall maintain adequate - levels of insurance to protect the company from claims of bodily injury and property damage which may arise out of any operation or portion thereof under a Tow Services Agreement. Coverages shall include, at least: 1. Comprehensive general liability. 2. Bodily injury and property damage coverage in the amount of $100,000 per person and $300,000 per occurrence or more. A certificate of coverage shall be available for inspection by Police Department personnel upon request. City shall be named additional insured on all such coverage. Coverage shall be primary to City's coverage. RESOLUTION NO. 4484 (1981 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUNDS FOR THE MISSION PLAZA PROJECT WHEREAS, the Congress under Public Law 88 -578 has authorized the establishment of a Federal Land and [dater Conservation Fund Grant- In -Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes.;'and WHEREAS, the State Department of Parks and Recreation is responsible for the administration of the program within the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; 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 hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certified that said agency has matching funds from the 1981-82-city budget and can finance one- hundredipercent (100%) of .the project, half of which will be reimbursed, and 3. Certified that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and T -4484 Resolution No. 4484 4. Appoints the City Administrator as agent of the City to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on which may be necessary , for the completion of the aforementioned project. On motion of Councilmember Settle, seconded. by Councilmember Dovey, and on the following roll call vote: AYES: Councilmembers- Settle, Dovey, Mayor Billig and Councilmember Dunin NOES: None „ ABSENT: Councilmember Bond the foregoing Resolution was passed and adopted this 14th day of May, 1981. ATTEST: ACTI CITY CLE "PAiLA �bGES Approved: Cit :trative Officer WL City Attorney Community 4- velopmeM Director 'MAYOR J 0 TEM RONALD DUNIN- �- RESOLUTION NO. 4483 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND VARIOUS OTHER CITIES AND COUNTIES IN CALIFORNIA (SO LISTED ON AGREEMENT) TO JOIN WITH THE STATE OF CALIFORNIA IN ITS SUIT AGAINST SECRETARY OF THE INTERIOR JAMES G. WATT. 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 various other cities and counties in California (so listed on the attached agreement:) to participate in litigation with the State of California against Secretary of the Interior James G. Watt. 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: City Finance Director I On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: Councilman Bond 1� the foregoing Resolution was passed and adopted this 14th day of May , 1981. ATTEST: R 4483 0 AGREEMENT FOR PARTICPATION IN LITIGATION . THIS AGREEMENT is made and entered into this 7th day of May, 1981 by and between the following Local Governments. County of MARIN City of BRISBANE County of MENDOCINO County of MONTEREY County of SAN LUIS OBISPO County of.SAN MATEO County.of SANTA CLARA County of.SANTA CRUZ County of- SONOMA- County of County of County of City of LOS ANGELES City of SAN LUIS OBISPO City of SANTA CRUZ City of.SEASIDE City of City of City of W I T N E S S E T H: WHEREAS, the Secretary of the Interior has, on April 27, 1981, published a final notice of sale proposing to lease drilling rights within the Santa Maria Basin in a manner contrary to the recommendation of the Governor of the State and the Local Governments; and WHEREAS, the parties'to this agreement believe that such actions by the Secretary of the Interior will result in serious -1- and irreparable environmental injury, degradation of the California coastline, depredation of fish and wildlife resources, and adversely impact the economy of the counties;. WHEREAS, the Secretary of the Interior has indicated that he.proposes to take similar action.with respect to the Point Arena, Bodega, Eel River, and Santa Cruz Basins; and WHEREAS, the State of California, on April 29, 1981, has instituted an action in the United States District Court for the Northern District of California, seeking to invalidate and enjoin a portion of the proposed lease sale for the Santa Maria basin; and WHEREAS, the Local Governments have, after consultation with counsel, reached the conclusion that it is advisable to intervene in the Santa Maria Basin litigation to endeavor to prevent an adverse adjudication which might impair litigation concerning the northern basins. NOW, THEREFORE, in furtherance of the foregoing public purposes, the parties hereto agree: 1. The parties agree to join together and intervene in the litigation entitled "State of California, 'et al. v. James G. Watt, et al., United States District Court, for the Central District of California, Civil Action No. 81- 2080MRP(MX). 2. In this connection, the parties agree jointly to retain the firm of Boyd, Januta & Karp to act as their legal counsel for the purpose of such intervention and related matters. 3. Counsel will be compensated in an amount not to exceed $6,500.00, plus expenses not to exceed $1,000.00, to -2- i f provide comprehensive legal services in connection with, intervention by the parties and participation by the parties in the proceedings for a preliminary injunction. Legal services subsequent to .the preliminary injunction proceedings will be authorized only by separate agreement to which all of the parties must concur. 4. Each Local Government will be obligated to pay its proportionate share of the cost of said representation directly to said attorneys based on specific maximum contribu- tions. The maximum contribution from each County shall not exceed $1,500.00. The maximum contribution from each other party shall not exceed the following: City of San Luis Obispo ($250.00) 5. The agreement with legal counsel shall provide that counsel will render periodic written reports concerning the progress of the litigation to each of the parties. Operating decisions concerning the conduct of said litiaaton shall be -3- made ;by a management commitee representing the parties comprised as follows: Marin, Santa Cruz and San Luis Obispo Counties. 6. Following completion of the preliminary injunction proceedings, and full payment of any liability which it has incurred hereunder, any party shall be entitled to withdraw from this agreement upon the rendition of ten (10) days' written notice to each of the other parties. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. County of Marin County of Mendocino County of Monterey County of San.Luis Obispo County of San Mateo _ County of Santa Clara County of Santa Cruz County of Sonoma County of A County of County of County of City of Brisbane City of Los Angeles A City San Luis Obispo MELANIE C. LLIG, MAYOR City of Santa Cruz City of Seaside -5- City of City of City of .1 RESOLUTION NO.4482 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND VARIOUS CITIES AND COUNTIES IN CALIF. (SO LISTED ON AGREEMENT) AND BOYD, JANUTA & KARP TO EMPLOY BOYD, JANUTA & KARP FOR INTERVENTION IN LEASE SALE 53 LITIGATION; STATE OF CALIFORNIA ET AL v. JAMES G WATT ET AL 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 nd. various cities and counties in California (so listed on attached agreement and Boyd, Januta & Karp to employ,Boyd, Januta & Karp for intervention in Lease Sale 53 litigation; State of California et al v. James G. Watt et al is hereby approved and the Mayor is authorized to execute the same. SECTIO14 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Boyd, Januta & Karp, City Finance Director On mot -ion of Councilman Settle seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: Councilman Bond the foregoing Resolution was passed aid adopted this 14th AJ a L IE C. ATTEST,: CITY CLERK PLAfA VOG APPROVED: City Administrative Of er A / A/1 D City At Finance —Direc day of May , 1981. 1W o. R 4482 f ' AGREEMENT FOR EMPLOYMENT OF LEGAL COUNSEL THIS AGREEMENT, dated this 7th day of May, 1981 by and between the following Counties, Cities and Councils of Governments: County of MARIN City of BRISBANE County of MENDOCINO City of LOS ANGELES County of MONTEREY City of SAN LUIS OBISPO County of SAN LUIS OBISPO City of SANTA CRUZ County of SAN MATEO City of SEASIDE County of SANTA CLARA City of County of SANTA CRUZ City of County of SONOMA City of County of County of County of hereinafter collectively designated "Local Governments ", and BOYD, JANUTA & KARP, Attorneys at Law, hereinafter designated "Attorneys ". W I T N E S S E T H: WHEREAS, the Secretary of the Interior has, on April 27, 1981, published a final notice of sale proposing to lease drilling rights within the Santa Maria Basin in a manner contrary to the recommendation of the Governor of the State and the Local Governments; and WHEREAS, the parties to this agreement believe that such actions by the Secretary of the Interior will result in serious and irreparable environmental injury, degradation of the California coastline, depredation of fish and wildlife resources, and adversely impact the economy of the counties; WHEREAS, the Secretary of the Interior has indicated that he proposes to take.similar action with respect to the Point Arena, Bodega, Eel River, and Santa Cruz Basins; and WHEREAS, the State of California, on April 29, 1981, has instituted an action in the United States District Court for the Northern District of California., seeking to.invalidate and enjoin a portion of the proposed lease sale for the Santa Maria basin; and WHEREAS, the Local Governments have, after consultation with counsel, reached the conclusion that it is advisable to intervene in the Santa Maria Basin litigation.to endeavor to prevent an adverse adjudication which might impair litigation concerning the northern basins. NOW, THEREFORE, the parties do hereby agree as follows: 1. Local Governments hereby engage Boyd, Januta & Karp to act as their attorney in connection with the lawsuit entitled "State of California,_ -et al, v. James G. Watt, et_al., United -2- States District Court, for the Central District of California, Civil Action No. 81- 2080MRP(MX). 2. Attorneys shall file a petition for intervention in the litigation on behalf of Local Governments and attend such hearings and take such other action as is necessary to secure the Court's permission to allow the parties to intervene. If intervention is granted, Attorneys shall file all necessary documents and make such appearances as are required or advisable. Attorneys shall also participate, on behalf of Local Governments, in all proceedings pertaining to the request by the State for injunctive relief. 3. Counties shall-compensate Attorneys for such... services at the rate of $90.00 per hour, not to exceed total compensation for the services described herein of $6,500.00. In addition, Counties shall reimburse Attorneys for their reasonable expenses incurred in connection with said litigation, not to exceed $1,000.00. 4. Attorneys compensation shall be paid by Local ... Governments in accordance with the Agreement for Participation in Litigation agreed to by Local Governments on May 7, 19811 which is incorporated herein by reference. Attorneys shall bill each Local Government individually through the County of Marin. No individual Local Government shall be obligated to attorneys for more than that Local Government's pro -rata share of the fees and expenses specified in the above mentioned Agreement for Participation in Litigation. Any legal services rendered by Attorneys, beyond those -3- described herein, shall be subject to specific prior approval and further agreement between the parties. 5. Attorneys shall, as part of the services to be rendered hereunder, provide, without additional compensation, periodic reports to the Local Governments who are participants in this agreement concerning the status and progress of the litigation. Direction and supervision of Attorneys shall be provided by a committee appointed by the Local Governments comprised of Marin, San Luis Obispo and Santa Cruz Counties. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. Boyd, Januta & Karp County of Marin County of Mendocino County of Monterey County of San Luis Obispo County of Santa Clara County of Santa Cruz County of Sonoma County of County of County of City of Brisbane City of Los Angeles e"\sv^ w n °!. . . City kf San Luis Obispo MELANIE BILLIG, MAYOR City of Santa Cruz City of Seaside, City of City of City of -5- �. �.. • r RESOLUTION N0. 4481 (1981 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING DIRECTION THAT THE CITY FIRE DEPARTMENT SHALL RESPOND TO FIRES AT WESTSIDE TIRE ON EDNA ROAD WHEREAS, on March 17, 1981, the City Council directed the City Fire Department to respond to fires at the Westside Tire Plant on Edna Road (copy of minutes attached here); and WHEREAS, other adequate fire protection is available to the site; and WHEREAS, the Fire Chief recommends that the direction 'be rescinded in the interest of full adequate fire protection of those who are paying for the services, i.e., property owners within the City; and WHEREAS, Westside Tire has been notified of the time and place of.the Council's consideration of this matter; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The action of the City Council on March 17, 1971, directing the City Fire Department to respond to fires at the Westside Tire Plant on Edna Road hereby is rescinded SECTION 2. The action taken hereby shall have no effect on existing mutual aid agreements for fire and emergency aid between the City and other public agencies. On motion of Councilwoman Dovey, seconded by Councilman Settle, and on the following roll call vote: AYES: Councilwoman Dovey, Councilman Settle and Mayor Billig NOES: None ABSENT: Councilmen Bond and Dunin the foregoing Resolution was passed and adopted this 14 day of May 1981. RESOLUTION NO. 4481 (1981 Series) Page 2 MAYOR MELANIE C. BILLIG ATTEST: v ACTIN CITY CLERK PAM VOGES APPROVED: zz City Admi trative Officer City Attorney Fire Chief City Council Minutes March 15, 1971 Page 4 M chwartz stated he still opposed to allowing connection to City utilities p to annexation. Councilman Blake brought Lesemans' �attention the fact that all City utilities would be double for prope ide the City. On motion of Councilman. Miller, seconded by Mayor Schw that the request be denied. Motion carried with Councilman Graham voting no. L�4. Communication from Westside Auto Parts, Inc. requesting that the City expedite the annexation of their property on Edna Road either through the airport annexation or as a separate action. Regardless of this action, they hoped that they could make some arrangements with the City to provide fire protection to their plant and warehouse due to the large inventory maintained in the warehouse and its susceptibility to fire. They continued that the City Fire Department stated i�: could serve the property without any problem if the request was approved by the City Council. H. Johnson, City Attorney, reviewed for the City Council the status of the Airport Annexation stating that the property owners are now carrying petitions to initiate the election for the annexation. Councilman Spring felt that this was a special consideration by the Council as this was a warehouse for an old established City business and he felt they should receive the fire service as requested. He further felt this consideration should be granted as this particular business had cooperated in every way in attempting to be annexed to the City. Councilman Blake suggested that the City Council allow the City Fire Depart- ment to make first contact if a fire started at the Westside plant but then turn the suppression over to the State Fire Service when they arrived. On motion of Councilman Blake, seconded by Councilman Graham, that the City Fire Department be authorized to make fire inspections and to respond to fires at the Westside Tire Plant on Edna Road with the State Forestry Depart- ment to take over the suppression upon arrival at the scene. Motion carried. fo Communication from Pomeroy, Johnston and Bailey, engineering consultants &Q_unty Service Area No. 18 regarding the proposed rate of $10 per month to serve a area with sewer service. It was their feeling that the $10 per month was un sonable and was unfair to the property owners wishing to use City.sewer. Fury. , they did not feel that the Federal Government would look favorably upon t ' fee in financing the project. They agreed that a nominal additional charge med necessary and reasonable for providing sewer service to properties ou 'de the City but it was impossible to justify a $10 per month charge when the sam ervice within the City was $1 per month. They asked that the City review the base f the proposed $10 per month ser- vice charge with the objective of setting a er monthly charge which might permit more favorable consideration by Service Ar 18 to contract with the City to handle their sewage. D. F. Romero, City Engineer, explained that the basis of calcu 'on includes the average City cost for taxes and sewer service for an equivalen sidence within the City limits. Mr. Romero said that he felt that the Council on- sideration should take into account whether Service Area 18 was unwilling or RESOLUTION NO. 4480 (19R Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING RUDOLPH C. MURAVEZ AS FINANCE DIRECTOR AND TREASURER BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the present Finance Director, Rudolph C. Muravez, is hereby appointed to the position of Treasurer concurrent with his position of Finance Director. SECTION 2.. That Rudolph C. Muravez, Director Of Finance /Treasurer and Leland C. Walton, City Administrative Officer shall be and are hereby authorized to sign all checks, drafts and other orders for and on behalf of the City for deposit, encashment or otherwise with Crocker National Bank. SECTION 3. That Rudolph C. Muravez, Director of Finance /Treasurer is authorized and directed to make all arrangements with Crocker National Bank necessary for the continuation and delivery of banking services. On motion of Councilman Settle , seconded by Councilman Bond and on the following roll call vote: AYES:Councilmembers Settle, Bond, Dovey,.Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5 day of May 19 81, ?0 MELANIE C. BILLIG ATTEST: ACTING CITY C RK PAMELA VOG APPROVED: City Ad is ive Officer City Attu r�� R 4480 City Fi ce Dire R._ )LUTION NO. 4479 (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: NORTH BROAD STREET STORM DRAIN ESTIMATE: $ 54,790.00 BIDDER: FRED JULIEN & ASSOCIATES CITY PLAN NO BUDGET ACCOUNT E -03. 40- 5062 -E -03 BID AMOUNT: .$44,483.60 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Bond seconded by Councilman Dunin , and on the following roll call.vote: AYES: Councilmembers Bond, Dunin, Dovey, Settle and Mayor Billig. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5 19 81 ATTEST: CITY C ERK -P LA 170GA APPROVED: City 4A OeWhisTrative Officer day of May , R 4479 ACTING R�ILUTION NO. 4478 (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: WATERLINE IMPROVEMENT PROJECT $.35P651.08 (E -13) ESTIMATE: 35,599.92 (E -14) 16,945.00 (E -15) BIDDER: R.. BAKER,1.'.INC. CITY PLAN NO: E -13, E -14 and E -15 40- 6362 -716 (E13) 29,575.21 BUDGET ACCOUNT: 40 -6362 -716 (E14) 33,670.01 40- 6362 -716 (E15) 18,860.01 BID AMOUNT: $82,105.00 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 Bond , and on the following roll call vote: AYES: Councilmembers Settle, Bond, Dovey., Dunin and May6r..Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5th day of May ,. 19 8L 1 APPROVED: ;a Ci>i AdminisfrItive Officer r City Attorney Finance Dire r R 4478 y �o RESOLUTION NO. 4477 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING SUBDIVISION IMPROVEMENTS AS COMPLETE FOR MINOR SUBDIVISION SLO -79 -082, LOCATED AT 2890 SOUTH HIGUERA STREET, (CHORRO LODGE 168, I.O.O.F.; SUBDIVIDER) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Improvements required for Minor Subdivision SLO- 79= 082-.are hereby accepted as complete. SECTION 2. The cash deposit in the amount of $7,500 on file to guarantee installation of said improvements is hereby released. On motion of Councilman Bond and on the following roll call voter seconded by Councilman Settle AYES: Councilmembers Bond, Settle, Dovey, Dunin and Mayor Billig. NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 5 day of May , 1981. ATTEST: J."..'/. 11"'e- ACT PG CITY CUERK LA VOGES APPROVED: City Adffint9tVafive Officer City Attorney Public Services Director MELANIE C. BILLIG R 4477 GUARANTEE to CITY OF SAN LUIS oBISpb d r4.9 L. the undersigned, hereby place on deposit with the. City of San, Luis Obispo, the sum of 7,500.00, - _ (certified check) to 'guarantee: 1, Installation of curb, gutter, sidewalk and street paveout to said gutter across:lhe entire frontage of lease parcel 2 2.. Stl-eet trees Per city ordinfince. -_ -- at 890 South: Higu•era i Lot (s) Lease parcel 2 Bi'dcl� Subdivision _ Minor Subdivision 'SLO -79 -082 In event I fail to make said imprdvement(s) within 90 days from this date, the City is hereby authorized to use any or all of said deposit as necessary to coiaplete.such improvement(s) and refund the balance of the deposit, if any, to be. In the event the City has to proceed:with said improvement (s) and the lowest responsible bid exceeds the deposit, then I agree.to deposit such additional_ amount within 2 days after notice there,f. It is understood the entire deposit shall be refunded to me'provided I make said improvements prior to 120 days from this date, Except, so Ion as reasonable 9 prorlrn�,s; as deferrnined -by the Direcfor of Public Services, is being m: de on the proposed }nci -tuary on fhi sila these fi.me I imits shall be �:,aived, in which case final occup;.incy of saki mar Wa ry shall not be grantud until said required improvemenl�s nrc� conplelu. • Signature ,�. -. - G; 4"'?D'�P j Date — RESOLUTION NO. 4476 (1981 Series) A RESOLUTION OF INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA WITHIN THE DOWNTOWN SECTION OF THE CITY OF SAN LUIS OBISPO AND SETTING A HEARING DATE THEREFOR WHEREAS, the Downtown Business Improvement Area has requested this Council to consider a modification to the current Downtown Parking and Business Improvement Area boundaries as set out in Section 6101 of the San Luis Obispo Municipal Code, said Section adopted pursuant to the provisions of California Streets and Highways Code Sections 36000 et seq. (Parking and Business Improvement Area Law of 1965); and WHEREAS, in 1979 the California Legislature enacted Streets and Highways Code Sections 36500 et seq?. (Parking and Business Improvement Area Law of 1979), for the most part a duplication of the 1965 Law but containing some critical additional language responsive to possible conflicts between California Constitution Article XIIIA (as adopted by the commonly known "Proposition 13 ") and the 1965 Law; and WHEREAS, those possible conflicts include the expansion or other alteration of a Parking and Business Improvement Area, resulting in a new "tax" (language and effect of 1965 Law) on additional properties, as distinguished from an "assessment" or "charge" (language and effect. of 1979 Law) on those properties; and, WHEREAS, it is therefore in the best interests of the City and the Downtown Business Improvement Area to establish the Area, as expanded, under the 1979 Law rather than modify the Area under the 1965 Law; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The City of San Luis Obispo intends to establish a Parking and Business Improvement Area in the downtown section of the City pursuant R 4476 1 • Resolution No. 4476 2 (1981 Series) to the provisions of California Streets and Highways Code Sections 36000 et so. (a) The boundaries of said proposed area are generally shown on Exhibit "A" map attached hereto, and are more specifically described as follows: From Santa Rosa Street along. Palm Street to Broad Street, Broad to Monterey, Monterey to Nipomo, Nipomo to San Luis Creek, San Luis Creek to a point where Beach Street would intersect, from this intersection point to Beach and Marsh, Marsh to Nipomo, Nipomo to Pacific, Pacific to Santa Rosa, Santa Rosa to Palm. The area shall include all businesses within the described boundaries, shall include the businesses located on parcels contiguous to both sides of the listed boundary streets irrespective of business frontage, and shall include businesses at all four corners of the intersections of said boundary streets listed above, except that it shall not include the northwesterly corner of Monterey and Nipomo Streets. (b) The Council will hold a public hearing at 7:05 P.M., Tuesday, July 7, 1981 in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, California, to consider the establishment of said area. (c) The proposed uses for which the proposed revenue from said area shall be expended are: • • Resolution No. 4476 3 (1981 Series) (1) The acquisition, construction or maintenance of parking facilities for the benefit of the area, provided that said facilities shall not impair the City's ability to produce revenues for the payment of Parking District No. 1 obligations. (2) Decoration of any public place in the area. (3) Promotion of public events which are to take place on or in public places in the area. (4) Furnishing of music in any public place in the area. (5) The general promotion of business activities in the area. (d) Charges for obtaining funds to provide services and programs for the area shall be levied on a business in the area in an amount equal to the business license charge on such business. Assessments for-the purpose of construction of physical improvements shall be made only after further hearings and findings are required under Streets and Highways Code Section 36500 et. seq. 2. On direction of the City Attorney, the City 'Clerk shall publish. and mail notices as required by Section 36522, Streets and Highways Code. On motion of Councilman Settle seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Bond and Mayor Billig NOES: NONE ABSENT: NONE the foregoing Resolution was passed and adopted this 5 day of May , 1981. 0 i Resolution No. 4476 ATTEST: ACTING C Ty CLERK PAM VOG APPROVED: LWi City Administrative Officer City Attorney Finance Office (1981 Series) C MAYOR LANIE C. BILLIG rill WI r , W ;`7 0- �:o 0 A MOP oil "m . m y MIMI i . r u ®IMI l 0 3 s � J EXHIBIT "A" RESOLUTION NO. 44750981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY. OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT NO. 926 LOCATED AT 2030 BINNS COURT (LOT 11 OF TRACT 758) 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. 926 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 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 previous project EIR certified for PD 0644 (Terrace.Hill Planned Development project) is acceptable. SECTION 2. That the approval of the tentative map for Tract No. 926 be subject to the following conditions: 1. Sewer mains as depicted on the tentative tract map shall be 6" in size except for Binns Court from Ella Street to first manhole which shall be 8" in size 2. New sewer mains shall be located in private streets within easements and dedicated to the city to the approval of the City Engineer. 3. Final map shall note that sewer ejector pumps may be required for the lower floors of houses built on lots 10, 11 and 12. R 4475 Resolution No. 4475 (198 #eries) 'Tract No. 926 Page 2 4. Easements for existing sewer laterals shall be granted to adjacent lots along Sierra Way for sewer lateral connections to public sewer line transversing the tract (Sierra Way to Ella Street), to the approval of the City Engineer. 5. Water mains shall be constructed to city standards and dedicated to the city in easements to the approval of the City Engineer. 6. Drainage improvements shown on the tentative map shall be installed to the satisfaction of the City Engineer. 7. An "engineered grading plan" shall be required incorporating the recommendations of the geologist /soils engineer, including required drainage improvements. A "contingency plan" shall be provided with the final grading plan for prevention of erosion and siltation; with provisions for debris basins and /or sedimentation ponds in case of failure of a contractor to complete the work and erosion protection facilities prior to the rainy season. The start of grading and estimated completion dates must be shown on the grading plan. The grading plan shall be signed by the Soils Engineer /Geologist. The soils report shall be noted on the grading plan and final map. 8. Subdivider shall install "no parking" signs and red curbing along private streets as required by the City Fire Department and City Engineer. 9. Traffic control and street signs shall be installed as required by the City Engineer.. 10. The private streets shall be designed with a traffic index = 4.0. 11. Public utility easements shall be provided as required by the respective utility companies. 12. Final map shall contain a note that no structures or grading shall be allowed on Lot 28 (common lot) without city approval. 13. Subdivider shall prepare conditions, covenants and restrictions to be approved by the City Attorney and Community Development Director prior to final map approval. CC &R's shall contain the following provisions: a. A homeowner's association to enforce the CC &R's and provide for professional perpetual.maintenance of all common areas including landscaping, private streets and driveways, street signs, private utilities, drainage facilities, lighting, walls, fences, etc., in first class condition; homeowner's association shall maintain lot 28. b. Grant to the City of San Luis Obispo the right to maintain common area if the homeowner's association fails to perform and assess the homeowner's association for expenses incurred. C. No parking on the site except in approved designated spaces. Resolution No. 4475 Tract No. 926 Page 3 I • (1981 Series) d. Grant to the City of San Luis Obispo the right to order vehicles to be towed away on a complaint basis, which are parking in unauthorized places, pursuant to California Vehicle Code Section 22658. e. No outside storage of boats, campers, motorhomes, and trailers, nor long -term storage of inoperable vehicles. f. No outside storage by individual units except in designated storage areas. g. No change in city - required provisions of CC&R's without prior City Countil approval. 14. Units shall be numbered and addressed on streets as named per addressing plan attached as Exhibit A. Subdivider shall install director signs at project entrance to the approval of the Community Development Director. 15. Final map shall not be approved until the final map for Tract No. 758 is approved and recorded. 16. Subdivider shall comply with all approved precise development plan conditions and requirements of the Architectural Review Commission, prior to city acceptance of the tract. 17. Subdivision improvements may be phased at the discretion of the City Engineer. On motion of Councilman Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Bond, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 5 day of May , 1981•. ATTEST: Acting/City Clerk' A 1 f Resolution No.4475(1981 Series) Tract No. 926 Page 4 APPROVED: Ci y Administrative Officer City Attorney -A &.A &Aeto—" - Community D elopm t Director 0 .r N L m• m 1 n) i ELLA srREEr U% z 0 c p �Fy4 � so 's ,�,3 4tir 41 Zy 9�F s � s cn`�� %8s N C R7 C T O m /Y 1 o A � � m = Ln r n ID N NO D O Z � m � N o V\ �1 v � � y D �{ N O � 1 m EXHIBIT A 6 N -m m 1 N 3: a J I I . _ _ I ti N N N N 1 �J y co C I`I ., __ u N � L/7,'. 1 CIO 2 U7 � N 1a �J r. .. Ul 6� 6f5NOP ST. D - C 7