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HomeMy WebLinkAbout4600-4649RESOLUTION NO. 46490.981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A 12 -MONTH TIME EXTENSION FOR TRACT 858 WHEREAS, the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS, the City Council concurs with the Planning Commission findings. NOW, THEREFORE, the City Council resolves as follows: SECTION 1. That Tract 858 is granted a twelve -month time extension to November 20, 1982, subject, to original tract map conditions as specified in City Council Resolution No. 4031'(1979 Series) attached hereto. On motion of Councilman Dunin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 27th day of October 1981. ATTEST: 742a �" - City Clerk Pamela ges R 4649 Resolution No. 46441981 Series) Tract 858 Page 2 APPROVED: City At orney - A frt, --A Community Develo went Dire or 0 i ��fGDUrif cii u i r+ RESOLUTION N0. 4031 (1979 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, GRANTING APPROVAL OF TENTATIVE TRACT NO. 858 LOCATED AT 1800 PREFUMO CANYON ROAD (OWNER: BERNARD AND ELIZABETH DUUENECK) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: That this Council, after review and consideration of the tentative map of tract 858, the Planning Commission's recommendations, staff recommendations and reports thereon, including the environmental.deter- mination,°makes the following findings: 1. The tentative map is consistent with the General Plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the General Plan and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat. 6; The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. 8. The determination of the Community Development Director to grant the project a negative declaration under the California Environmental Quality Act is affirmed. 9. The determination of the Planning Commission pursuant to Section 9100.1.5 relative to cross - slopes is affirmed; specifically that lots 1 -19 have a cross -slope of.O % -10 %; 20 -28 have.a cross -slope of 10% -15%; 29 -30 have a cross =slope of 15% -20%; 31 -33 have a cross slope of 10% -15%; 34 -48 have a cross -slope of 0 % -10 %. SECTION 2. Conditions: That the approval of the tentative map for tract 858 be subject to the following conditions: 1. All lots shall be revised to conform to Subdivision Ordinance standards. 2. Subdivider shall reconstruct.Prefumo Canyon Road along entire tract frontage to the approval of the City Engineer. Grading and paving shall conform to street section shown on tentative map (34' paved roadway width) with street cut cross- slopes rounded. R 4031 Resolution No. 4031 (1979 series) Tract 858 Page 2 3. The installation of sidewalks along the north and westerly side of Prefumo Canyon Road is deferred until called for by the City Engineer. The edge of the road -shall be improved with a P.C. curb and gutter to be shown on the tentative map. 4. .A note will be placed on the final map indicating that lots 26 -28 on Capistrano Court may be subject to flooding should the drop inlet in this area become blocked. 5. Grading plan shall be revised to eliminate cross -lot drainage, or a drainage plan providing for cross -lot drainage shall.be submitted to the approval of the City Engineer.. 6. Final map shall note special_ corner setback and height limits on lots 23 to 29 to ensure adequate sight distances at Prefumo /Castillo intersection, to the approval of the City Engineer. 7. Subdivider shall prepare a landscaping and fencing plan for a 20 -foot set- back line along the entire Prefumo Canyon Road.frontage, to the approval of the Community Development Director and the Architectural Review Commission. Said plan shall employ native landscaping and consistent fencing treatment in such selected areas where fencing is appropriate for screening. 8. Subdivider shall' remove existing water tank on lot 30; or provide suitable easements to the approval of the City Engineer. 9. Final map.shall note that lot 29 shall not be further subdivided. 10. A note shall be placed on the final map stating that portions of lots 29 -36 are above the city water service limit and desired water pressures may require individual pumps. Building sites shall be located, when possible, to minimize the use of `pump systems. 11. Access to site during; construction of subdivision shall be limited to Prefumo Canyon Road.. On motion of Councilman Jorgensen, 'seconde& by Councilman Bond, and on the following roll call vote: AYES: Councilmembers Jorgensen, Bond, Dunin and Mayor Cooper NOES. Councilwoman Billig ABSENT: None the foregoing resolution was passed and adop ATTEST: Cite a =k J.H.- Fitzpatrick this 20th day of LYNN R. COOPER C Resolution No. 4031 (1979 series) Tract 858 Page 3 APPROVED: City Administrative Officer City Attorney Community D velopma- Department i ��� � �� c � cc' d�u(i c! y N RESOLUTION NO. 4648 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING A STRONG INDEPENDENT REVIEW OF EARTHQUAKE SAFETY OF THE DIABLO CANYON NUCLEAR POWER PLANT WHEREAS, a design error has suspended fuel loading at the Diablo Canyon Nuclear Power Plant; and WHEREAS, this error has gone undetected for a number of years; and WHEREAS, this error raises community concerns about the possibility of other unknown design or construction mistakes at the plant affecting the public's health and safety; and WHEREAS, the plant operator, the United States Nuclear Regulatory Commission, the State of California, and local public agencies all share a responsibility to protect the people, property and resources of this community; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council strongly supports an in depth and impartial review of the plant's earthquake safety by a qualified concern indepen- dent of the plant operator or the federal licensing agency. SECTION 2. The City Clerk shall furnish a copy of this resolution to: The Honorable Morris Udall, Chairman, Subcommittee on Energy & the Environ- ment of House Interior Committee, Representative Leon Panetta, Representative Robert Lagomarsino, Senator Alan Cranston, Senator S.I. Hayakawa, and Governor E.G. Brown, Jr. On motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: R 4648 . � V 1 Resolution No. 4648 (1981 Series) Page 2 AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October , 1981. ,,MAYM ME LLIG ATTEST: CITY CLERK PkMLA OGES APPROVED: City Attorney ro CU V�_ L" a RESOLUTION NO.4647 (1981 Series) is A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND TEMPLETON AUCTION SALES. 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 Templeton Auction Sales 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: Templeton Auction Sales City Administrative Officer and Director of Finance. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Griffin AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of October 1981• ATTEST: CITY ERK PAMELA V G APPRO City Administrative Of cer City C. R 4647 XHIBIT "A" gale .agreement It is hereby mutually agreed between - TEMPLETON AUCTION SALES MANAGEMENT as Auctioneer, and CTTV OF SAN INTS OR74PO owner, that the following property will be sold at Public Auction, Date NOVFMB R 14, 1 9 81 Place .COUNTY WARFHOUSF CAMP SAN IUTS ORTSPO Time 11:00 Owner alleges that all property is free of mortgage, or encumbered-as follows Fttee o5 motttag_Pott PncumbPhnneP Description of Property Va2.iuoz items deetatted buttptus bU the Cite o.4 San Lu.ia Obisyjo Auctioneer is to conduct the sale for which the owner agrees to pay him a sum equal to �. % of sale from the proceeds of the sale. The clerk will be furnished by Auction o , Advertising to be paid by Conzianettz (nno- stated by dottatth .hold) Cashier furnished by An n.t.i n o C o m na yr u Auctioneer will handle the placing of advertising. The owner will have items, articles or merchandise in a presentable condition on sale day. Articles sold from the premises after the. Auctioneer has entered the agreement shall be subject to the commission fee. Additional Remarks QaPoA mohnhayrri.tAP shall ba tttanzpottted to /7 P o A Aito h14 Tom Pon tntrt Af,f, tin^' •Cn Onx Coat 06 said ,tAawsnontati.on not to t e( rnPPon tin w ng mnvrio,e ahem - .ten hu yin A. and_rjaymgn -t to the A0?Poh rni PP he grrahavrteorl thhna.nh aw Px ',ct "n9 bond bu out 4.ihm Dated Octobett 20, 1981 Tempteton Bu: Auctioneer Duane Baxley City o 6 /WSJ n� Lu,i b.i b 0W= Adminizth.ative 66icu RESOLUTION NO. 4646 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be surplus property. SECTION 2. That the sale of such property is hereby authorized.. 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NF .. ri Q Ln v o u cd ba pq O O O E U o 0 O •ri E �+ .� LL O b �+ •ri O ri +) O cC •ri CO 4 b O U O •r- fy •ri c w 0 Q N V1 4F•) R. +-) cd �a b J b a b � a, O ° 4J i N O N O O N N ri Q to i-3 i. •ri U I fs. C!J N H N N a3 O O W cC U F N I--� r-/ 1•) N U � O � � U O Z+ O O O r-1 F r•+ • w r1 x � b N U c0 O •ri � z � U U .O c 1 0 E 4 E ca C ;u_dy �_,��� � � "�1c�.� , � � ,vim-. �� � _' ,' ,� �� RESOLUTION NO. 4645 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF SAN LUIS OBISPO FOR DISBURSEMENT OF TRANSPORTATION DEVELOPMENT ACT (SB 620) MONEY (SECRETARY'S DISCRETIONARY FUND) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. To approve agreement No. 64635 between the State of California and the City of San Luis Obispo. City. SECTION 2. To authorize the Mayor to execute the agreement for the SECTION 3. To direct the City Clerk to send the agreement plus four signed copies and a certified copy of this resolution to: State of California Department of Transportation Office of Business Management, Room 1451 P.O. Box 1499 Sacramento, CA 95807 Attn: A. Barnard On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None . the foregoing Resolution was passed and adopted this 27th day of October , 1981. ATTEST: CIT CLERK RAMELrOGES R4645 * * * * * * * * * * U RESOLUTION NO. (1981 Series) Public Services Director 0 0 0 City of San Luis Obispo Agreement No. 64635 Page 1 of 8 AGREEMENT Secretary's Discretionary Fund For Special Public Transportation Needs Fiscal Year 1980 =81 This Agreement is made and entered into this 27th day of October , 19 81, in the State of California, by and between the State of Cali.fornia, acting through the Department of Transportation (hereinafter- referred to as the State) and the City of San Luis Obispo (hereinafter referred to as the Contractor). Article I - Recitals 01. The Legislature appropriated the sum of $6,444,000 (six million four hundred and forty -four thousand dollars) in, discretionary funds to the Department of Transportation for allocation by the Secretary of Business, Transportation and Housing for purposes of transportation.for low - mobility individuals, including the elderly and handicapped (Chapter 510, Budget Act of 1980, Section 182.1). 02. The Contractor has submitted a project proposal for funding from the discretionary funds. 03. the Secretary of Busini:,S, Transportation and Housing has selected the Contractor's project proposal for funding pursuant to this Agreement. 04. The Contractor agrees to carry out the public transportation project (hereinafter referred to as the Project) described in Article II in accordance with the provisions of this. Agreement. Article II - Project Description 05. After delivery of the Project equipment, the Contractor agrees to perform the Project as follows: Provide fixed - route, handicapped - accessible transportation, Monday - Friday, 7:00.a.m. to 7:00 p.m., and Saturday and Sunday, 9:00 a.m. to 5:00 p.m. in the vicinity of the City of San Luis Obispo. 06. For the purpose of carrying out the Project, the Contractor shall purchase and operate the following described equipment: a. Three, wheelchair lift- equipped transit coaches.. 07, The following amounts are the estimated costs of the Project equipment: • City of San Luis Obispo a. Wheelchair lift- equipped, 31- passenger transit coaches u Agreement No. 6463.5 Page 2 of 8 Quantity Unit Price Amount Total Cost of Project equipment 3 $112,275.00 $336,825.00 $336,825.00 08. The State agrees to pay the•Contractor 20 percent of the actual total cost of the Project equipment. In no event shall the State's total obligation under this Agreement exceed the amount of $67,365.60, or 20 percent of the actual cost of the Project equip- ment, whichever is less. The State and the Contractor recognize that such sum may.not be sufficient to carry out 20 percent of the actual total cost of performing the Project; however, it-does constitute the maximum State contribution toward performance of the Project. Article III = Payment 09. The Contractor shall submit to the state itemized invoices, on official printed form or letterhead, signed by an authorized agent, in duplicate, with all information necessary to support payment, showing actual expenditures for the .period. Based upon these itemized invoices, the State shall_ pay the Contractor the State's_ share of the Project costs, but not more frequently than once a month. All invoices shal.'_ be sent and addressed to: State of California,.Department o` Transportation, Division of Maass Transportation, Program_Develcpment.And Evaluation Branch, P. O. Box 1499, Sacramento, CA 95807. 10. No payment shall be made for equipment purchase, but only after entering into this of the equipment, and submission of the app ments. Only equipment described in Article procured after entering into this Agreement payment. in advance of Agreement, delivery ropriate payment docu- II of this Agreement will be eligible for 11. No payment shall be made for equipment purchased should properly supported invoices not be received by the State before June 15, 1983. Article IV - Performance 12. This Agreement shall take effect immediately upon approval by the -State and shall terminate upon completion of the Project. The Contractor agrees to purchase the Project equipment no later than June 15, 1983. 13. Project equipment and services shall be procured according to the provisions of Attachment 0 of the Federal Office of Management and Budget Circular A- 10.2, "Standards Governing State and Local Grantee Procurement ". Allowable program costs and allowable V City of San Luis Obispo Agreement No. 64635 Page 3 of 8 individual items of cost shall be determined in accordance. with the provisions of Federal Management Circular 74 -4, "Cost Principles Applicable to Grants and Contracts_ with State and Local Governments ". 14. No portion of the Project shall be performed by subcontrac- tors unless the State has given its prior approval in writing. 15. The Contractor agrees that the Project equipment shall be used for the provision of public transportation services as described in Article II for a period of (three years for vans), (five years for vehicles costing less than $30,000 which are not vans), (ten years for vehicles costing more than $30,000), (twenty years for buildings) from the date of purchase or until such time as the equipment has no further useful life, whichever occurs first. The State shall determine whether the equipment has further useful life and. shall inform the Contractor in writing of its determination. 16. Upon successful retain the equipment equipment remains in the Project. If the service, the equipme Article V. completion of the Project, the Contractor may purchased under this Agreement only if the public service similar to that offered during equipment is not used in similar- public nt must be disposed of in accordance with Article V - Termination 17. The State reiv terminate the Protect upon a finding by the State that the Contractor has not carried out the Project as set . forth in this Agreement, or has otherwise failed to comply with the provisions of this Agreement. Termination -shall be by written notice specifying the reasons for termination and giving the Con- tractor thirty days to'correct the default. The State shall be the sole judge as to whether the Contractor's corrective measures are adequate: 18. The Project may also be terminated if the State and the Con- tractor agree that continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds, or if there are inadequate funds to complete the Project. 1.9. If the Project is terminated prior to its completion under this Agreement, or if upon completion the equipment does not zemain in public service, any nonexpendable property, the acquisi- tion or construction costs of which were charged to the Project, shall be disposed of and the proceeds credited to the Project account. The Contractor may either keep the subject property and credit to the Project account an amount equal to its fair market value, or sell such property at the best price obtainable at a. public or private sale in accordance with established State proce- dures. If the Contractor elects to keep the property, fair- market City of San Luis Obispo Agreement No. 64635 Page 4 of 3 value shall be determined on the basis of a competent independent appraisal of such property, Appraisals shall be obtained from an appraiser mutually agreeable to the State and the Contractor. If it is determined to sell the property, the terms and conditions of such sale must be approved in advance by the State. Any money credited to the Project account shall be refunded to the State. Article VI — Insurance and Liability 20. The Contractor shall maintain, throughout the term of this contract, adequate protection against liability for damages for personal bodily injuries (including death resulting therefrom) and for damage or destruction of property, whether the property of one or more claimant, in amounts not less than the amounts required by the California Public Utilities Commission for passenger stage corporations. Article VII - Reports, Records and Audits 21. The State shall review and approve the Contractor's proposed bid package, including vehicle specifications, prior to the Con - tractor's invitation for bid. The Contractor's proposed bid package, including vehicle specifications, shall be sent and addressed to: State of California, Department of Transportation, Division of Mass Transportation, Program Development and Evaluation Branch, P. 0. Box 1499, Sacramento, CA 95807. 22. The Contractor's accounting and financial .reporting system shall be in accordance with generally accepted accounting princi- ples or with uniform standards that the State may .establish. The Contractor shall establish and maintain a separate account speci- fied for the fiscal activities of the Project. 23. All fiscal and accounting records and other supporting papers of the Contractor and its subcontractors shall be maintained for a minimum of three years following the close of the fiscal year of expenditure and shall be held open to inspection and audit by State representatives. Actual costs charged to the Project shall be supported by properly executed payrolls, time records, invoices, or vouchers, providing evidence in proper detail of the nature and propriety of the charges incurred by the,Contractor and its subcontractors. Article VIII.- Accessibility 24. No person in the State of California shall, on the basis of ethnic group identification, religion, age, sex, color, or physical or mental disability, be unlawfully subjected to O • City of San Luis Obispo Agreement No. 64635 Page 5 of 8 discrimination under any program or activity that is funded directly by the State or receives any financial assistance from the State.- 25. Vehicles purchased pursuant to this Agreement for fixed route systems shall be accessible to handicapped persons, including, but not limited to, the physically and mentally disabled. 26. Vehicles purchased or utilitized pursuant to this Agreement, other than vehicles purchased for fixed route systems, shall be accessible to handicapped persons, including, but not limited to, the physically and mentally disabled, unless the Contractor's transportation system, when viewed in its entirety, is accessible. If vehicles purchased pursuant to this Agreement are not acces- sible to handicapped persons, the State shall determine whether the Contractor's transportation system meets the accessibility requirements of this paragraph and shall inform the Contractor in writing of its determination. 27. Wheelchair lifts for use in any bus except a school bus shall comply with the provisions of Title 13, California Administrative Code, Sections 1090 -1095 and 1269.1, as amended. Article IX - Contingency Fee 28. The Contractor warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or under- standing for a commission, percentage, brokerage or contingency fee, excepting bona fide employees maintained by the Contractor for the purpose of securing such agreements. Article X _ Prohibited Interests 29. During tenure or for one year thereafter, no member, officer, or employee of the Contractor shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The,State and the Contractor agree that to their knowledge no Board member, officer, or employee of the Contractor has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the Contractor and that, if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 of Chapter 1 of Division 4 (commencing with Section_1090) or Division 4.5 (commencing with Section 3600) of Title 1 of the Government Code of the State of California. U City of San Luis Obispo Agreement No. 64635 Page 6 of 8 Article XI - Minority Business Enterprises 30. The Contractor agrees that minority business enterprises shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with funds provided under this Agreement. For the purpose of this provision, the term "minority business enterprise" refers to a business enterprise that is owned by or controlled by a socially or economically disadvantaged person or persons. Such disadvantage may arise from cultural, racial, or religious background, sex, national origin, chronic economic circumstances, or other similar causes. Such persons may include., but are not limited to, blacks, persons of Hispanic. origin, Asians or persons from the Pacific Islands, American Indians, and Alaskan natives. Article XII - Fair.Employment Practices 31. The Fair Employment Practices Addendum is attached and made a part of this Agreement. City of San Luis Obic J ,) Agre� ant No. 64635 Page--7jof 8 FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex *, age *, national origin, or physical handicap *. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated . during employment, without regard to their race, color, religion, ancestry, sex *, age *, national origin, or physical handicap *. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his /her records of employment, employment advertisements, applica- tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written nctice from the Fair Employment Practices Commission that it has investigates' and determined that the Contractor has violated the Fair Employ- ment Practices Act and has issued a,. -)rder, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) Fo. willful violation of this Fair Empi.)yment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his /her surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. *See Labor Code Sections 1411 - 1432.5 for further details. STO. ] (8/77) City of San Luis Obispo Agreement No. 64635 Page 8 of 8 IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By Contract Officer Date Approved as to Form and Procedure: Attorney Date Legal Division APPROVAL F_::COMMENDED: Lee F. Deter, Chief Division of Mass Transportation By . Date CITY OF SAN LUIS OBISPO Date ATTEST: /.. . % L.i o ,Mea _ :SOURCE O4T UNIT UI /4RGL OISI UNIT EXP All lYl .. SPECWCUESIGNA71ON -- - - OBJECT AMOUNT DR TISC�E ENCUUE3RANCE. CR YEAR DkUMENT NUMBER GF.N ECU SUU Ai.f.i " WORN ORDER NO SUP x)H N0. Rtw.V4RfE, .RO <- •, IOCA7IUN DR N0. 230 423090240031(03 ' IDATE f f heredY reef. /v upr.n my nwn prr.bivHl Anowledse that hudgefH +l Jared. ai(aA_Fr!or the prrimi and Purpoyr o/ the expenditure .fated abmw, SIGNATURE - UF'ACCOUNTING OFFICER -- - - ITEM - 182.1. _. CHAPTER STATUTES '_ -- 510 1980 'fl$CAL YEAR 80 -81 z RESOLUTION NO. 4644 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BECKER & BELL, INC. FOR NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER - EMPLOYEE RELATIONS 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 Becker and Bell, Inc. is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Becker & Bell, Inc., and City Finance Director On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 27th day of OAober ATTFCT. B R 4644 , 19 81. AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND BECKER & BELL, INC. FOR NEGOTIATIONS AND CONSULTANT SERVICES IN EMPLOYER - EMPLOYEE RELATIONS THIS AGREEMENT, entered into this 1st day of November, 1981, by and between the CITY OF SAN LUIS OBISPO; a political subdivision of the. State of California (herein called "City "), and BECKER &BELL, INC. a California Corporation, Corporation, P. 0. Box 2160, Placerville, California 95667 (herein called "Consultant "). W I T.N E S S E T H: WHEREAS, City is obligated pursuant to state law and City policy to meet and confer with recognized employee organizations 'representing its employees in their employment relations with the City; and WHEREAS, the City Council desires to engage professional assistance in.matters of labor relations representation and negotiations.and.in accomplishing the process of said meeting and conferring in relation thereto; and WHEREAS, Consultant is a professional labor relations consultant and repre- sentative, who is well qualified by education�.and experience to provide such services; and WHEREAS, City, under authority of Section 31000 of the Government Code, proposes to engage Consultant in accordance with the terms and conditions set forth herein to render such services. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. of Consultant. City hereby agrees to engage Consultant, and Consultant hereby agrees to .provide the services hereinafter.set forth involving their relations negotiations and the instruction and training of management personnel in the i implementat-ion of labor relations agreements. .2. Contacts for Responsibility: The City Administrative Officer (C.A.O.) shall represent the City for the purpose of administering this agreement. The President of Becker & Bell, Inc. shall be Consultant's designated representative for the purpose 0 • of administering this contract. The individual within Consultant's firm who will provide services to City as set forth in Section 3 will be decided by mutual agreement of the parties. If the City and Consultant cannot mutually agree, this agreement shall terminate without further obligation. Consultant shall not delegate or assign his responsibilities under this contract without the prior expressed approval of City having first been obtained. 3. Scope of Services. Consultant shall provide his special knowledge, services and skills as follows: a. Consultant shall act as City's principal representative and chief negotiator at all meet and confer sessions held with all units. All such representations and negotiations shall abide by the guidelines established by the City, and Consultant shall meet and confer as often as is reasonably necessary until agreement with .such bargaining units is reached in conformance with such guidelines, or until the City Council has determined, after consultation with Consultant that agreement is not reasonably possible with such bargaining units. Consultant shall also act as City's representative at any and all impasse proceedings which may be conducted, such as mediation or factfinding. Consultant shall meet with the City Council as often as is reasonably necessary during each meet and confer process to review City's position and obtain further instructions. b. When agreement is reached with an employee bargaining unit, a Memorandum of Understanding will be prepared by Consultant and submitted through the City'Admininstrative Officer for approval. When so approved, Consultant shall meet with City's management team to explain the provisions of any approved memorandum of understanding developed pursuant to this agreement and to explain any changes in wages, hours and working conditions instituted by the City following the meet and confer process. -2- c. Upon mutual consent of the parties, Consultant shall act as City's principal representative and chief negotiator for units in addition to those listed in 3(a) above. Such additional services shall be rendered at a retainer rate or at a fee mutually acceptable to the parties. 4. City Assistance. City shall assist Consultant by providing information, personnel, space and facilities as follows: ,•., a. All information reasonably within City control or accessible to City and which may be helpful to Consultant in the performance of his services as provided herein; and b. A management team composed of members of the affected departments and, at least, one member of the City Manager's office to assist Consultant during the meet and confer sessions; and c. Supplemental clerical and stenographic assistance as Consultant may reasonably require for the performance of his services as provided herein; and d. A suitable location where meet and confer sessions may be conducted 5. Term. The respective duties and obligations to the parties hereto shall commence on November 1, 1981, and continue through April 30, 1982 providing, however, that either party may terminate this agreement by 30 days written notice to the other party. 6. Fee Arrangement. For the services described above the City agrees to pay the Consultant the sum of Sixty -five dollars ($65.00) per hour while actually engaged in services for the City. Said hourly rate is to be billed on a monthly basis on or before the 20th of each month following the month that the services were performed. Payment of the bill as submitted shall constitute payment in full for services. rendered up to the final day of the indicated billing period. 7. Travel and lodging. Consultant shall submit within 30 days after the payment of, an itemization of travel expenses including lodging, meals and transpor- r.: q..• -3- (2-5—!5 tation on a form acceptable to City. City shall pay within thirty (30) days of receipt of billing all reasonable expenses incurred for transportation, lodging and meals. 8. It is expressly understood and agreed to by both parties that Consultant;- while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and is not an employee of the City. 9. Notice. For purposes of a motice under this agreement, all notices shall be considered effective upon being sent by certified U. S. Mail to the following Addresses: CITY: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 CONSULTANT: Becker &.Bell, Inc. P. O. Box 2160 Placerville, CA 95667 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: E CITY CLERK BECKER & BELL, INC. President CITY OF SAN LUIS OBISPO Mayor !05 RESOLUTION NO. 4643 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO ADJUST THE BOUNDARY BETWEEN RESIDENTIAL AND OFFICE DESIGNATIONS (GP 0951) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan changes, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment first heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the city's Environmental Impact procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the change to the Land, Use Element map is fully described in Exhibit A, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element':`.map;;is::_amended a's shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the maps and publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4643 Resolution No.46430 981 Series) GP 0951 Page 2 On motion of Councilman Griffin , seconded by Councilman Settle ., and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October 1981. Mayo anie C. Billig - 00:' ATTEST: City Clerk Pahmerrrogxs APPROVED: L-- City Administrative fficer City Attorney 4" gwk.'W—� Community D velopmen irector Resolution No. 4643 (1981 SeriesI) EXHIBIT "All .5 �, r E r, ... \� ^` :�- "�.,\' %Ji`'� i�`.r il4 �AIIY�AIIA .. % . 4'� _`i ;Z\ lu IAL ......... JH P.-WROSED GiffAlEAA I PI-AN BOUAIDA/VES Ix F- 7 1i.. I P- H S � 't��a J H JH �-'i d � f� � S�c��n,r��r 5����a� � � G Q RESOLUTION NO. 4642 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL -PLAN TO'INCREASE THE MAXIMUM DENSITY OF THE LOW— DENSITY RESIDENTIAL CATEGORY (GP 0979) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the city's Environmental Impact procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the changes to the Land Use Element text are fully described in Exhibit A, attached to and made a part of this resolution NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element is amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4642 Resolution No.4642(1981 Series) GP 0979 Page 2 On motion of Councilwoman Dovev seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October , 1981. . ATTEST: City Clefk Pamela Voge ty Administrative Jfttice /IV" C ity Attorney Community e3elopm Director r 0 Resolution No. 4642 (1981 Series) EXHIBIT "A" (Land Use Element text changes) 2. Residential Land Use Objectives 9 The policies outlined as Growth Management Objectives should serve as general principles in review of residential development proposals. In addition, the following policies shall guide both new development and redevelopment: a. The City should encourage residential development, promoting efficient urban densities and diversity of design consistent with prevailing or proposed neighborhood character, to enable adequate choice of location, type, tenure, design and cost: by families and individuals working in or enrolled near San Luis Obispo. - -The City should coordinate residential development with employment, enrollment or other economic base alterations to assure that persons I_ or families working, attending schools, or conducting other activities in San Luis Obispo, have appropriate opportunity to reside here rathe! than r_eu mute. - -The City should establish minimum as well as maximum density and property development standards for all residential land use classi- fications: seven Low density shall be from four to -0x dwelling units per net acre; Piedium density shall be from seven to twelve dwellinq units per net acre; Medium-high density shall be from 13 to 18 dwelling units per net acre; High density shall be from 19 to 24 dwelling units per net acre. -- Residential developments which achieve maximum densities of-6; 12, 18 and 24 dwelling units per net acra in areas designated for low, medium, nied`ium -high, and high density, respectively, shall be considered nonsistent with the General Plan, provided that design and placement: are compatible with prevailing or proposed neighbor- hood character and the availability of adequate infrastructure, public facilities and circulation. 7 b. [,;w- density residential development, allowing a maximum of-- dwelling units per acre, will be encouraged within neighborhoods clearly com- mitted to this type of development and ;within identified expansion _ ceas at the periphery of the city. N RESOLUTION NO. 4641 (1981 Series) i A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE DESIGNATION OF ABOUT 10 ACRES FROM MEDIUM —HIGH DENSITY RESIDENTIAL TO MEDIUM — DENSITY RESIDENTIAL (GP0977) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the change to the Land Use Element map is fully described in Exhibit A, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element map is amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4641 G � Resolution No.4641(1981 Series) GP 0977 Page 2 On motion of Councilwoman Dovey , seconded by Cn„nrilmnn Griffin 3 and on the following roll call vote: AYES: Council-members Dovey, Griffin, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6rh day of nctnber 1981. ATTEST: yder" &1�5' - City IX lerk pa_ela Ages APPROVED: City Administrative Of cer City Attorney Community D elopme 13 irector Resolution No. 4641(1981 Series) EXHIBIT "All J. • MEDIUM-HIGH DENSITY RESIDENTIAL to MEDIUM DENSITY RESIDENT )ALIDIO ... MARGAI n �F Hil P N • RESOLUTION NO. 4640 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE DESIGNATION OF ABOUT 18 ACRES FROM CONSERVATION /OPEN SPACE.TO INTERIM CONSERVATION /OPEN SPACE (GP0976) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the city's Environmental.Impact procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the change to the Land Use Element is fully described in Exhibit A. attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element map and text are amended as shown in the attached 7. Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4640 Resolution No. 4640(1981 Series) GP 0975 Page 2 • On motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October , 1981. Mayo anie C. Billig ATTEST: City lerk Pamela V ges `APPROVED:' '•d. City Administrative Of cer City Attorney Community Dev opment Diaaiector d Resolution No. 4640(1981 Series) EXHIBIT "A" (To be added to the Land Use Element text, C.5, "Open Space Policies, in a list of interim conservation /open space areas.) - An area north of Prado Road and east of Elks Lane, which maybe changed to an urban land -use designation when the flood hazard is mitigated. (Map Change) V IP t •y ! J � .;�- rt- H -.�.'. •.• ..•:. :• .:�:; };:• „r�J`t r. .,'•'�: � .:•:�`%,.`:1 i . ^.4 '�- .:•'i. C;:c: -_:. C._: +t1e'Ali tip it' L:r�r /, ':: '• :�.. ,'t r, ;;'�• °. -,•y 6: 4': �bLitt`,�',��•' oiilpR:��l�fa��yi�� };�/ jt.• t����r• ':.. '�.rs•,• ^. t.. .�;h...:. r� l I . r 't t,rcf �CJL.� �}�.�l� +ti- .�,�} >>� •` �'• t C,r:('f {'.. ` -.r•X `” .L ��� :�' t `�.L� °ir0. S�t�- ?�•,��,,�� Vi � � j �w.,. i^., n- fY ('�'r ••4_�. [- ((` � � -, ic" �' - : i �'';' )' n = r "� J.t,� F 7'• ' � r r r(:' r.. `•r• rr? `r' a •: ,:-i,\ , s \ ,'rNq ; 1 K�); ,. .!•y•R f�,.. .f', ,rf (`�•2 - t' .rf, {~`•.. t. 7__ -.'' . .��.....` r rr 9 - X•.► r,1 r•<P. ( .N• f� (-: r. •`•Ptrr r r ./ �, r t r S �fY' {f,.P.. .^ C ,r �, \ r: .r•J , •� .•J... •r {•'r -I ,C<('t ^��r 7%.. ,•��yY, ;.. P'�' 6�i14'< " 'J ��: `1.�'., •.r >!`:�; •(r'r. � •"!!,1- �^ (F'•r'C,"�_'[-:'. •: ,�.• -!"�. ._ .c.; -.� YT. �i � �l, �:�.'.•:.:�r'1�, �r .•.C'r. r !' err .•r-,..^ �....r�.r =�c - -.� ,\ � .t .•a Ji J•'" � 'tt ,r, i.. � •r �'f�:''t�•�,.: {'�L -,L • \• t11'^^ �•yn2'••.ti •; !' �r:'� -. 4�. ,,sir .�,. ;,��r,�,a.,��� it CONSERVATION / AGMICULTURE to INTERIM AGRICULTURE )ALID10 •1. ^rr_;r„_.r �_r�'. ::::: �'- ,.'•tip'•'.:.: �`L �::� •. ,,,. � ,•_.^ Icy ;r;i'•..�F:':;':•:•:•:�:�>: ?:: + �,Iz_ �� C�� i RESOLUTION NO. 4639 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO DESIGNATE THE SEWER TREATMENT.PLANT_AND_CERTAIN ADJACENT LAND AS PUBLIC /SEMI - PUBLIC (GP0975-) WHEREAS, the Planning Commission and City Council have held public hearings on the .subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the city's Environmental Impact procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the change to the 'Land Use Element map is fully described in Exhibit A, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element map is amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the publications which are on. display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4639 ,J • Resolution No. 4639;1981 Series) GP 0975 Page 2 On motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October , 1981. ATTEST: City P, erk P e a oges APPROVED: City Administrative Officer �~ 4 City Attorney Community D t elopment 0 irector U Resolution No. 4639 (1981 Series) EXHIBIT "A" i DiiLID1 e" wry -•`r �� ._ �� CONSERVATIONAGR to j :.:.. :. 1f „... III _ PUBLIC /SEMIPUBLIC r i • �.. �..,:.. sr SERVICE COMMERCIAL /LIGHT INDUS- TRIAL to PUBLIC /SEMIPUBLIC j • t r I• ,.r �.;�l.�r.. •. ••. ..' � III rn �� 'f'o ./; i ,, ” }��.,- �.aj•'. ,,;`�r�II.�� Ir'�3`� �`�r ,�. - i G-,i� 975 RESOLUTION NO. 4638 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE MAP LEGEND AND ADD POLICIES CONCERNING OPEN SPACE DESIGNATIONS (GP 0978) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan changes, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment first heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a categorical exemption has been granted pursuant to the California Environmental Quality Act and the city's Environmental Impact procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the change to the Land Use Element is fully�desciibed -.in __ -- Exhibit A, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element map and text are amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the maps and publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date.of adoption of this resolution. R 4638 Resolution No. 4638(1981 Series) GP 0978 Page 2 On motion of Councilman Settle , seconded by rm mrilmnn Thinin r and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October , 1981. ATTEST: City Cl-&k P e Vha oges APPROVED City Administrative 0 City Attorney Community D velopment IF irector Resolution No. 4638f' Series) EXHIBIT "A" (To be added to the Land Use Element:) C. GOALS AND POLICIES 5. Open Space Policies Areas not designated for urban uses will be designated within an open space category. As described in the Growth Management Objectives (C.l.a above), the city will not designate more land for urban uses than its resources can be expected to support. Open space lands will define the edges of the- city so that it will remain a comprehensible, identifiable place. a. Conservation /open space Areas intended for permanent open space will be designated "conservation/ open space." This designation will be applied to land which is unsuited to urban use because of: infeasibility of providing access or utilities consistent with policies under C.l.d above; excessive slope or slope instability; wildland fire hazard; noise exposure; flood hazard; scenic value; ecological sensitivity; agricultural value. Uses within this designation will generally be those not requiring urban services, major structures, or extensive landform modifications. Parcels will be kept large, generally five to 40 acres. Minimum parcel size will be determined when the area is zoned, considering consistency with general plan policies and the development potential of the land. b. Interim conservation /open space Areas to be kept open until urbanization is appropriate will be designated "interim conservation /open space." Such areas; and the prerequisites for their conversion to an urban use, are identified below. Allowed uses and parcel sizes within interim conservation /open space areas will be the same as in conservation /open space areas. However, there will be an emphasis on maintaining productive agricultural uses until urbanization is actually needed. Before any interim conservation /open space area is urbanized, a development plan (under specific plan, planned development, or use permit) must be approved.. Major expansion areas which may eventually be used for residential development are identified by name on the plan map: Irish Hills. Dalidin , Margarifa, Orcutt. They may not be urbanized until their water supply and treatment needs, in addition to those of all potential development within the city, can be met. Specific plans for these areas will determine basic circulation and subdivision patterns and may provide for a range of densities within the overall potential of low- density residential, in order to meet the goals of the Housing Element. Minor expansion areas which may eventually be used for residential develop- ment are located on the slopes of Bishops Peak, the Santa Lucia Foothills east of Johnson Avenue, and on the South Street Hills /Rockview area. (See also section Cl.c.) Other expansion areas, located on South Broad Street, are reserved largely for residential development consistent with the Edna -Islay Specific Plan, Exhi.bi.t ;�' (cont.) with some service commercial /light industrial uses along Broad Street. Other areas.reserved for urban use include: LAND USE ELEMENT MAP.LEGEND CHANGES r PARK Parks for regional. commmunity and neighborhood use are included in this category. � OPEN 5p"Is CONSERVATION Areas marked for conservat on agriculture are to be pre- Inir served generally in their natural :;fate or in agriculturF: All other uses would riot be ruled r,ut, but generally would be hmiled to low impact recreational activities such as riding stables Creek areas are protected in this category. but the scale of this map does not permit graphic represenlation. This designation includes private and public lands. RURAL•INDUSTRIAL This designation is applied to areas where industry is r• �i?d with farming Certain low -rnten ty industrial uses wi . ;,e perm tlec. but the areas will be encouraged to remr,,n in agriculture. INTERIM GoNSEIZV/�TIoN���N S�A� aieas This is the designation given areas which will be kept open L until urbanization is appropriate, such as the expansion areas outside the present city limits. Specific proposals for these areas must be approved along with the change to an urban land -use designation. ��t�° ;� N �- . , � i 7 RESOLUTION NO. 4637 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO DELETE THE REQUIREMENT FOR CITY HEARINGS ON COUNTY REFERRALS (GP0879) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the city's Environmental Impact procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the change to the Land Use Element text is fully described in Exhibit A, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element text is amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4637 0 Resolution No. 4637(1981 Series,) GP 0879 Page 2 1� J On motion of Councilman Dunin , seconded by (rnin rilman Cattla > and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October. 1981.. ATTEST:, jx�.MCI-4 'City Cle k P ekg Voges APPROVED: City Administrative'0 icer 4"-I*. *. v City Attorney A*Ao�A TJV�� Community De elopment irector C Ma of elanie C. Billig n Resolution No. 4637(1981 Series) EXHIBIT "A" (Land Use Element text change) - -The County should promote both long -term and short -term agricultural and /or open space preservation in all areas within the urban reserve and outside the city limit qualifying for such programs. As required by law, the County should refer all development and subdivision pro- posals within the San Luis Obispo planning area, to the City for review and comment. For proposals outside the urban reserve, this referral shall be to obtain comments and recommendations concerning plan consistency. For proposals within the urban reserve (sphere the P:+.. shall d + p + hl ho rings of influence), - ..,,..., , ,,, ...,,.. , , ...,r..���,����rt�,�„�� 4A4 the County shall either ratify the City's recommended action or shall refer the proposal back to the City for further study, recommendation, and report before revising or reversing said action. - -The City should design its systems and facilities, particularly water, sewer, fire and police, to enable, at the City's discretion, annexations and urban development within the urban reserve. The City shall not provide urban services outside the city limits nor, where more restrictive, outside of the urban reserve limit. Con- tinued service to the limited number of present unincorporated area customers and services to contracting public agencies such as Cal Poly and the County Airport should be considered exceptions to this policy. - -The City should not provide nor permit delivery of City water and sewer services to portions of the city limits and /or urban reserve areas which are beyond reliable gravity flow and pressure systems maintained by the City (generally a maximum elevation of 460'; 320' or 240',depending on location). - -The City should establish agricultural and other open space zoning and preserve programs compatible with those of the County and apply such controls to incorporated portions of the planning area intendea for (1) interim short -term, or (2) long - term or permanent nonurban use, designated by the General Plan. U RESOLUTION NO. 4636 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE DESIGNATION OF ABOUT 30 ACRES FROM INTERIM AGRICULTURE TO SERVICE COMMERCIAL /LIGHT INDUSTRIAL (GP 0938) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment first heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a previous environmental impact report has been accepted pursuant, to the California Environmental Quality Act and the city's Environmental Impact procedures and Guidelines; and WHEREAS, the Planning Commission has recommended approval of the change; and WHEREAS, the change to the =Land Use Element--map is fully described in Exhibit A, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element;niap'' :is amended as,shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the maps and publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4636 M Resolution No.4636(1981 Series) GP 0938 Page 2 W On motion of Councilwoman Dovey , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October , 1981. ATTEST: 'imch City C1 rk P ae'1 Voges APPROVED City Administrative nficer v City Attorney Az.. ZmA �� - Community Dev V opment Dir ctor .0 1'.. DALID"10"" 7a .... . . . . . . . . Resolution No. 4636 (1981 Series) I 0 EXHIBIT "All ot, Xf ttl/ M, K -S f!', t V 11 A Yr�A: AF"1"r,%AR1TA Iowa Rip r?A "rC�; -� eir� sch Ma � �- c RESOLUTION NO. 4635 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE DESIGNATION OF A CERTAIN AREA FROM CONSERVATION /AGRICULTURE TO INTERIM CONSERVATION /OPEN SPACE (GP 0974) WHEREAS, the Planning Commission and City Council have held public hearings on the subject general plan change, in accordance with the California Government Code and the General Plan Amendment Regulations of the city; and WHEREAS, the action is one of numerous actions comprising the general plan amendment heard by the Planning Commission in September 1981; and WHEREAS, the potential environmental impacts of the action have been evaluated and a negative declaration has been granted pursuant to the California Environmental Quality Act and the city's Environmental Impact procedures and Guidelines; and WHEREAS., the Planning Commission has recommended approval of the change; and WHEREAS, the change to the Land>Use Element map and text are fully described in Exhibit A, attached to and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The Land Use Element is amended as shown in the attached Exhibit A. 2. The Community Development Department shall cause the changes to be reflected in the publications which are on display in City Hall and which are made available to the public. 3. This action shall take effect thirty days from the date of adoption of this resolution. R 4635 Resolution No.4635(1981 Series) GP 0974 Page 2 On motion of Councilman Dunin seconded by Councilwoman Dovev , and on the following roll call vote: AYES: Councilmembers Dunin, Dovey, Griffin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October , 1001 APPROVER: Community IVve lopmen Director Resolution No. 4635 (11 Series) EXHIBIT "All ����III (To be added to the Land Use Element text, C.5, "Open Space Policies ") - About 11 acres between Los Verdes Park and San Luis Obispo Creek, which may be used for residential development when the flood hazard is mitigated and, if the area is still beyond the four - minute fire response time, when the fire marshall approves fire safety measures. A sizable easement shall be mai'ntai'ned for the creek and an equitable contribution obtained towards the Los Osos Valley Road interchange. (To be included in a list of intern conservation /open space areas.) Map Change •tart h' ,...n .- _ ` '`�.. ,� ,. • �•:•.•: :: :: ::�'.,.c- !::::::..'' I:, .. Apr -. ^•�. '� %S.' t.ti ".rrjll.)L,.;. 'l�;' .�.Y�; •`(:' ::.'•.:..' "•.' :•ii,�•`y /, _r_,'('�;,yi \h =,r>, .� V• lam, ,',. J ' ..{ �I i,! i.. ..:f •�� / !.. •�\ �rll�rllU �.'r Xfy ^Y', r.. ,r• -' ^•y " _ � .•• i .�'?i )'i.i• ?�.��� •r'h't; t•. `I I I�I�..I�I( r . it -rt 1,.'I : I. ` • 4 I - -_ ^� -�"� :ri: • "�!. :� ,•ar �� ^1� �rtr♦ 1 :, .�.�- =�`}t-,'� ��•. IyI��`�YI�_r� Or) 1 n ._� .��• r'1 -^ ^'�c` ` :; }'t. f�'�'},r,r•y..l ) ..1`,l ^f 'I ;,0, ?: ! (�:h:•l" ly.•. ^. .�,,::!'�y, '';' ^ -i,', _' -r V'w1';.��,j'',j �'Z'...i';•�• ,I•. �j�Nll ll1�,r r^:C•_'.C;'_C'``v r'. �� •"TM1 �. •, , 4- �� 7, t )i'��s`} t I� v :`Z�r ...�'C . In ..•,_......^ r'j.- r. t�... ,1 �•t i -., -L, ..� CONSERVATION /AGRICULTURE 'Ilihp INTERIM AGRICULTURE `l i ly •", Til, It .''- '. j.':•.`.•.. `'.`_'"�,'.�1� )•:J \.'_•�'.''�, ..- �- .� -•.r 1�•�• +^,7•.7' fill. .i •'� 1 ,�t r i•: t '�% "1 S ^� ". pp0 -ill ' \ -'•1 '• �, � 'fir .1� i_7•: "l1 Y�,r � "± a ti fir:., r � r:/'�; • -'` - r {r� r •' C r ', ���� L.�.�C�. � � . rn�o`� ,_ G CD RESOLUTION NO. 4634 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AND DIRECTING THE MAYOR TO MAKE APPLICATION WITH THE SAN LUIS OBISPO COUNTY LOCAL AGENCY FORMATION COMMISSION (LAFCo) TO DELETE A LAFCo'AMENDMENT TO CITY'S PROPOSED ANNEXATION OF PORTIONS OF CERTAIN PUBLIC STREETS WHEREAS, in July 1981 this Council approved for filing with the Local Agency Formation Commission (LAFCo) a proposal for annexation of portions of certain public streets, to wit; portions of Foothill Boulevard, Johnson Avenue, Sacramento Drive, Calle Joaquin, Madonna Road, and Prefumo Canyon ".Road; and WHEREAS, by its Resolution No.. 81 -27 on August 20, 1981, LAFCo approved the described proposal with an amendment that the new Post Office facility on Madonna Road be included in the territory to be annexed; and WHEREAS, this Council strongly opposes annexation of the new Post Office facility to the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Government Code Section 35162 the Mayor is authorized and directed to make application with LAFCo on behalf of the City to delete from the above described annexation the new Post Office facility on Madonna Road. SECTION 2. The application shall be in substantially the form as set out in the attached letter. On motion of Councilman Settle , seconded by Councilman Dunin f and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October , 1981. R 4634 0 Resolution No. 4634 (1981 Series) ATTEST: CITY CLERK PAMELA ES M� City Administrativelpfficer lvt4r�� City Attorney 0 • VIII In � ` � �II'�Illrll�; � ,� II up,i.!I mr?II'r� a � • �. City of San Us ® I O 990 Palm Street a P.O. Box 321 • San Luis Obispo, CA 93406. 8051541 -1000 October 6, 1981 Local Agency Formation Commission County of San Luis Obispo Office of the County Administrator Courthouse Annex San Luis Obispo,'CA Re: Annexation of Portions of Certain City Streets Your File No.. 7 -R -81 Your Resolution No. 81 -27 Dear Commissioners: On August 20, 1981? by the referenced resolution you approved a City of San Luis Obispo proposal for annexation of portions of certain public streets to the City. However, your approval carries an addition to City's proposal, i.e., the new Post Office facility on Assessor's Parcel No. 67 -121 =018 shall be included within the territory to be annexed. The City Council is adamantly opposed to the inclusion of the Post Office facility and, pursuant to Government Code Section 35162, has directed me hereby to make application for deletion of Assessor's Parcel No. 67 -121 -018 from your approval. Among other problems associated with annexation of. the Post Office facility is the fact that the Post Office facility's existence at.that site is contrary to the City's General.Plan Land Use Element. Despite City's best efforts federal officials refused to consider alternate sites more compatible with intense mail processing at the facility. Please notify the City Clerk of the time and date of the hearing on this application. ver" truly yours, tel ,e C. Billig Mayor MCB /lp RESOLUTION N0. 4633 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT NO. 940 LOCATED AT 1451 ANDREWS STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract No. 940 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific 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. Potential significant adverse environmental impacts have been mitigated by the following measures included as part of the project: Riparian easement be granted to the city from the rear of existing structures to south tract boundary: Riparian easement is to protect vegetation along the creek in this location and will prohibit all development within the easement. Houses with wood roofs will be prohibited in the subdivision. There will be a buffer of fire resistive planting around the houses immediately adjacent to the open wild land areas on lots 3, 4, 5, 6.and 9 as approved by the Fire Marshal. Resolution No. 4633 (1981 Series) Tract 940 Page 2 0 C\ Driveways within the subdivision servicing individual houses shall be constructed with minimum grading. Foundations for houses within the subdivision shall be designed in accordance with recommendations in the soils report. The grading plan shall be designed in accordance with recommendations in the \• soils report. SECTION 2. Variances. The following variances to Subdivision Ordinance requriements are hereby approved, based upon the findings below: Lot Size Lot 3 Frontage Lot 4 Frontage Lot 5 Area Width Frontage Lot 6 Width Frontage Lot 9 Area Frontage Depth Lot 10 Frontage Variance Findings: 20 feet where 80 feet is required (flag lot) 5 feet where 100 feet is required 14,790 sq. ft. where 15,000 sq. ft. is required. 99.5 feet where 100 feet is required 55 feet where 67 feet is required 94 feet where 100 feet is required 55 feet where 67 feet is required 43,340 sq. ft. where 2 acres is required 24 feet where 132 feet is required 183 feet where 300 feet is required 24 feet where 46 feet is required. 1. The above variances are granted subject to conditions to assure that adjustments hereby authorized do not constitute a grant of special privilege inconsistent with limitations upon other properties in the same vicinity, in that an open space easement is secured for perpetuity beyond the subdivided portion of the site. 2. There are special circumstances applicable to the subject property, including shape, topography, location or surroundings for which the strict, literal application of this ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity in that the site is very irregular in shape and contains varied slopes, drainage channels and valuable vegetation to be saved. 3. In this particular case, the variance, rather than the sections at issue in this ordinance, carry out the spirit and intent of this ordinance in that suitable development and open space is provided at the edge of urbanization in response to scenic hillside terrain. Resolution No Tract 940 Page 3 4633 (1981 Series) SECTION 3. Conditions of Approval 0 That the approval of tentative map for Tract 940 be subject to the following conditions: 1. Subdivider shall provide public utility easement of 6 feet along all street and common driveway frontages and additional easements as necessary to the satisfaction of the utility companies and City Engineer. Final map shall show all easements. 2. Subdivider shall extend water and sewer mains within the Andrews Street cul —de —sac to serve all the lots, to the satisfaction of the City Engineer. 3. Subdivider shall provide gravity flow sewer service for lot 10 and provide easement, if necessary, to the satisfaction of the City Engineer. Sewer pump shall not be allowed. 4. Subdivider shall replace 3" existing water main and connect same with existing 6" water main in Alisal Street for a looped water line system to the satisfaction of the City Engineer. 5. Subdivider shall grant to the city an access easement across the "not a part" lot for maintenance of the creek at the southerly edge of the tract, to the satisfaction of the Public Services Department. 6. Subdivider shall prepare analysis of the existing off —site drainage facilities between tract boundary and San Luis Creek as required by the City Engineer prior to final map approval. Subdivider shall improve drainage way between tract boundary and Corralitos Avenue at E1 Centro Way to approval of the City Engineer and, at the discretion of the City Council, may be required to participate in other off =site drainage improvements. 7. Subdivider shall clear debris and dead trees along the drainage channel at the southerly boundary of the tract to the satisfaction of the Public Services and Community Development Departments. 8. Final map shall note that all houses built within the tract shall have fire retardant roof systems as approved by the Fire Department and Architectural Review Commission. Wood roofs are prohibited. A buffer of fire resistive planting shall be provided between the open space easement hillside area and lots 3, 4, 5, 6, 9, 10 and the rear lot lines of developed properties along Corralitos Avenue (Lots 9 through 20 of Tract 43) to the approval of the Fire Department and Community Development Department. 9. Fire hydrants serving the tract shall provide a minimum 1,000 gallons per minute fire flow. 10. Final map shall note, that all driveways in the tract shall be constructed with minimum grading. 11. Final grading plan shall be signed by registered soils engineer. Resolution No. 4633 (1981 -lies) Tract 940 Page 4 12. Oak trees on proposed lot 6 shall be retained. Final map shall note that no cut or fill shall occur within the drip line of the trees. 13. Final map shall show a drainage and riparian easement on lots 1, 2 and 3 to the safisfaction of the Community Development Director. Riparian easement is .to protect vegetation along the creek in this location and will prohibit all development within the easement. 14. Final map shall note that all lots in the tract are designated sensitive sites and all development shall be approved by the Architectural Review Commission. 15. Perpetual open space easement shall be granted to the city for contiguous property held in common ownership shown on tentative map as not a part (95.9 acres both in and outside of the city) subject to the approval of the Community Development Director and City Attorney. The open space easement will be to maintain the area in a natural open space character. The easement shall run with the land and provide the following limitations on use or alterations of the area: a. No buildings will be placed or erected on said premises and no structures, except as permitted hereafter, without the approval of the City Council. b. Fencing appropriate to open space preservation shall be approved by the Architectural Review Commission. Solid fencing shall not be allowed. C. No advertising of any kind or nature shall be located on or within said premises. d. Owner shall not plant, nor permit to be planted, any vegetation upon said open .space area (maintenance of existing orchards excluded) except for erosion control, fire protection and soil stablization or as allowed and approved by the Community Development Director. e. The general topography of the area including existing road shall be preserved in its natural or existing condition. No grading shall be allowed except as permitted by the Community Development Director for agricultural purposes. f. No extraction of natural resources except for water. g. No removal of natural vegetation except for fire protection or elimination of diseased growth, as approved by the Community Development Director. 16. The drainage structure along lot 9, and the grading to the rear of Lot 7, will be redesigned to save as many existing trees as possible. Upon council approval of such revised plans, selective existing trees along creek channel at the end of Conejo Avenue may be removed. Landscape planting to the approval of the Community Development and Public Services Department staffs for improved portion of creek channel shall be installed with temporary irrigation system or two year survival guarantee by .the subdivider. 17. Subdivider shall number all lots in the tract consistent with addressing plan per Attachment 1. F Resolution No. 4633 (1981 Series) Tract 940 Page 5 I 18.' Common driveway shall be constructed as a subdivision improvement. Easements and agreements consistent with the requirements of city parking and driveway standards shall be recorded for lots 3 and 4 to the satisfaction of the City Engineer and Community Development Director. 19. Subdivider shall dedicate to the city vehicular access rights along Alta Street frontage of the tract. ' 20. Subdivider shall install such on and off —site traffic control /safety signs and on —site street lights as required by the City Engineer. 21. Final map shall contain a note that if during construction of tract improvements (e.g. streets, utility lines, etc..) any evidence of archaeological resources are found, all work shall stop and an archaeologist or other appropriately trained professional approved by the Community Development Director shall be called in to further analyze evidence found in the area. All cost of future analysis shall be the subdivider's responsibility. 22.. Final map shall contain .a note that houses shall be sited on lots to take advantage of passive solar opportunities. 23. Final map shall contain a note that development of all lots in this tract are.subject to conditions of use permit U0914. 24. Final map shall contain a note that no development .shall occur above the 360 foot elevation contour (water service limit). 25. Sidewalks along Andrews Street extended and Conejo Avenue cul -de —sac frontage of the tract are hereby waived. 26. Buildings within the tract shall be located within the building envelopes shown on Attachment 2. On motion of Councilman Griffin ., seconded by Councilman Dunin , and of the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None Resolution No Tract 940 Page 6 101 4633 (1981 Series) the foregoing resolution was passed and adopted this 1981. ATTEST: City C erk Pamela V e APPROVED: ty Administrative 0 W cer U City Attoiney UeM.A F-AM -.0000op Community De I lopment ector �J 6th day of October �� l.� ��olye 7 r -_�; -�� U ?v �� H�H-H H H- Hi-H-i ri-FttH fn m i 1 •� / � f -'�� rS d { ,'.1, (rnn 4; 7 , '\ :.�G�`� .p•Jr I r�� Y p � t\ � \ i" \ I / a.. f , S • m % .i � r ^L � l' � e. ^ I i a ' fl'1 t y t fit•. ,; � a. - � 1 .r a �.; :.'' -; cb 'i. -�- ' eti�.. �bu f lr�tl s� n�k'f // .r6t �} ) •'. �1:. ^i..�� > 'g , '� . .� l i ;E '�%; ' - �. �. ' 1lt i'c lid y y Ty �-. � � t ,..: •. Ilk fir ti - - =�i a i. i`-„t .fi r..- i i' d {t Y '� I't'�• c.. id1 7. R t •,k` � ..�z ', "'f_. `Y t- � {•e y•' } rI r � • i•. c �� , r � l .P� j . / .��� � 11 ��' .r, it - , �j�'� `'�Q ..: 4' �. , i II r /�~ �• � t j _ C .Z Z f = ! ' r r , i , ! / '` .R• r' I I I I I' 1 •/, t / -�, �', �.: en -ass. - is ` r, �', 11/ �, 't t ,�` '. ;,,.,'lll :.� =• I.a r_ ,�� .u... P:JT� � 't \ � -` ', \ '•.�,,1 ` \' ail ��, .i��• � i,! -.. • • � f:. T1• 1. . •,� i•f. \ `� .,^ j e 'i: 11 i ;� • , F. r' t. �� /` .l�'ll Ili/ I / .• - .j' � •? - r� =�1 r, h' _ � � �>. a c. /..,vw w_',t.�i+t'r.a..� �'�—i�,.,,. •i - . RESOLUTION NO. 4632 (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 -163, LOCATED AT 1500, 1508 AND 1540 MARSH STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council previously made certain findings as contained in Resolution No. 4434 (1981 Series). required prior to recordation of the abandonment of Marsh Street have been included in the conditions of Minor Subdivision No. 80 -163. SECTION 4. This Council grants approval of the Final Map of Minor Subdivision SLO -80 -163. On motion of Councilman Settle. , seconded by Counrilman rennin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October , 1981. V CITY/CLERK PAMELA VO S R 4632 SECTION 2. Whereas a Treasury Certificate in the amount of $21,000.00 is J on file with the City to guarantee completion of certain subdivision requirements i as stated in the subdivision guarantee, and SECTION 3. Whereas all conditions of Resolution No. 4264 (1980 Series) required prior to recordation of the abandonment of Marsh Street have been included in the conditions of Minor Subdivision No. 80 -163. SECTION 4. This Council grants approval of the Final Map of Minor Subdivision SLO -80 -163. On motion of Councilman Settle. , seconded by Counrilman rennin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October , 1981. V CITY/CLERK PAMELA VO S R 4632 0 Resolution No. 4632 (1981 Series) APPROVED: City Administrative City Attorney /City E ineer • o RESOLUTION NO. 4434(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -163 LOCATED AT 1500, 1540 and 1508 MARSH STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 80 -163 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is .permitted by the PO zone. 3. The design is not likely to cause substantial environmental damage or cause serious health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through or use,of property within the proposed subdivision. 5. The proposed parcel map is categorically exempt from. environmental determination requirements. SECTION 2. That the approval of the tentative map for-Minor Subdivision 80 -163 be subject to the ,following conditions: 1. Subdivider shall prepare a creek bank .protection plan showing reconstruction of a portion of the northwest bank of San Luis Creek with rip rap material and landscaping to the approval of the City Engineer and Community Development Director. Subdivider shall install'improvements per said. approved plan. 2. Subdivider shall install curb, gutter and sidewalk and driveway ramp across California Blvd. frontage for the full width of the abandoned portion of Marsh Street to the satisfaction of the City Engineer. R 4434 r� Resolution No. 4434(1981 Series) Minor Subdivision 80 -163 Page 2 3. Parking lot improvements consistent with Exhibit A shall be installed by subdivider. A continuous 8" curb shall be installed along edge of parking lot adjacent to creek. Existing fence shall be removed. 4. Subdivider shall dedicate 6 ft. of frontage along entire California Boulevard frontage, except under existing building on Parcel 2, consistent with California Boulevard Building Setback Line Ordinance. 5. Final map shall show utilities drainage and creek access and common driveway easement to the approval of the City Engineer. On motion of Councilman Settle seconded by Councilman Dunin , and on the ,following roll call vote: AYES: Councilmembers Settle, Dunin, Bond and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing resolution was passed and adopted this 7th day of April 1981. ATTEST: Acting City Clerk Pamela Voges o r� Resolution No.4434(1981 Series) Minor Subdivision 8.0 -163 Page 3 APPROVED: City Administrative Officer City Attorney �i Community Dev lopment f ector I � i •r i t `y i CY • cs I. T f n u I � n; r� c :F j1l u a \1 F - 1 EXHIBIT Mct,(Ut' J� 4 �'Li. Q , non t�''� '1} i , - RESOLUTION NO. 4631(1981 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO AMENDING THE PROGRAM GUIDELINES FOR THE REHABILITATION LOAN PROGRAM - ADOPTED NOVEMBER 1980 WHEREAS, the Rehabilitation Loan Committee responsible for helping administer the city's block grant program has continued to monitor the progress of the downtown rehabilitation loan program; and I WHEREAS, on September 18, 1981 the Loan Committee recommended that the loan program be expanded. Housing in the central portion of the city outside the Central Business District would be eligible for loan assistance; and WHEREAS, the requested amendment of the guidelines is required to provide for loans to projects within the central portion of the_community=consistent with the housing objectives spelled out in the city's 1980 Block Grant Application. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Section B on page 1 of the Rehabilitation Loan Program Guidelines, as adopted November 1980 and subsequently amended, is amended as shown on Exhibit "A ", attached and incorporated herein by reference. SECTION 2. The City Clerk shall furnish a copy of this resolution and attached , Exhibit "A" to the San Luis Obispo Housing Authority and members of the Rehabilitation Loan Committee. On motion of Councilman Settle seconded by Councilman*_Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin Dovey, Dunin and•Ma or Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October 1981. R 4631 Resolution No.- 4631. (1981 Ser� Page 2 ATTEST: Pamela APPROVED: — 4Ag�" C� �' Co unity Dev lopment ector EXHIBIT "A" n n �110. CAN PPP[ Y _FOR _'1_1_F_i'ABI I TATIOL_ [PIN r,l Anv person who owns rental hnisinq which the following criteria can apply to the San Luis Obispo Housing Authority for a rehabilitation loan:, 1. Type of Housing: Only rental houS"ing sur_h as apartments, boarding houses, or older hotels is elinihIn -- ._ errT_ rent -ai - eee }r�g_yra. tj 411 be e- e�ng pag . em ;lap } #1, 2. Location: The housing must be located within either of the two areas shown on Map.ill on-the following page. These are the areas that the city wants to see older housine fixed uD. (If you can't figure out whether your property is inside the Central Business _District or the Central Area shown on Map #1, call Terry Sanville at (805) 541 -1000 Extension 47.) " 3. Size of Projects: Within the Central Business District shown on Map ail projects _z of all sizes will be eligible. Within the Central Area (outside the Central Business District) only rental housing which has 4 or more dwelling units will be eligible. 4. Priorities: The city has established the following priorities for making rehabilitation loans to eligible-projects: a. First Priority: Any rental project in the Central Business District shown on Map #1 b. Second Priority: rental housing which has 4 or more dwelling units which is located in parts of the central area which are zoned for commercial use (For zoning information for specific properties call 541 - 1000.) c. Third Priority: rental housing which has 4 or more dwelling units which is located in parts of the central area which are zoned tor housing. . m O RESOLUTION NO. 4630 (1981 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: Unitized Hot Patcher ESTIMATE: $15,500 BIDDER: P -B Sales Company CITY PLAN NO: none BUDGET ACCOUNT: 50 -01- 4852 -000 BID AMOUNT: $179331 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the.successful bidder and the Mayor. On motion of Councilman Dunin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October 19 81, ATTEST: - '44.4 //". CITY CLERK PAMtLA VO S APPROVED: City 4d#ni City Att iative i fficer %fjJ/f/J`'7 R 4630 r 71te P�, Talcs ' RESOLUTION NO. 4629 (1981 .Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BET.'F.EN THE CITY AND SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 9 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Obispo County Flood Control and Water Conservation District, Zone 9 is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Obispo County Engineering Department. On motion of Councilman Dunin and on the following roll call vote: seconded by Councilman Settle AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October 1981. ATTEST: CITY CLERK PAMELA VOGES ity Ong ee MAYOR MELANIE C. BILLIG R 4629 G N AGREEMENT BETWEEN.COUNTY FLOOD CONTROL DISTRICT ZONE 9 AND THE CITY OF SAN. LUIS OBISPO FOR PERFORMANCE OF SERVICES This Agreement entered into on the 6th day of 1981_: , between the City of San Luis OFi po, herein a ter Ee erred to as CITY and the San Luis Obispo County Flood Control and Water Conservation District Zone 9, hereinafter- referred to as ZONE 9; WITNESSETH: WHEREAS, Zone 9 and the City of San Luis Obispo have agreed that certain areas within Zone 9 and the City are in need of erosion control; and WHEREAS, Zone 9 has the capital funds for material purchases and where the City has the manpower and expertise for the design for the required projects; and WHEREAS, construction of the projects can be accomplished with the cooperation of personnel from the California Conserva- tion.Corps; and WHEREAS, it is in the public interest that Zone 9 and City understand and agree to the-services to be performed by each for the correction of the erosion problems. NOW, THEREFORE, in consideration of the mutual convenants, conditions, promises- and agreements herein set forth, Zone 9 and City mutually covenant and agree as follows: 1. Zone 9 and. City will accomplish certain erosion control projects within Zone 9 and City as set forth in Exhibit "A" hereto 2. Design and Related Services. City shall perform all design awing and related services for said erosion control pro- jects and shall do so in a manner so that the projects can be constructed in the field by untrained or limited trained personnel. 3. Purchase of Materials. Zone 9 shall purchase all materials and labor up to the budgeted amount of $51.,600. Any expen- ditures over the budget amount will be paid for by the City.. 4. Construction Labor. Zone 9 will contact and arrange for for California Conservation Corps personnel to do the actual, construction work. On the job supervision will be supplied by City and the California Conservation Corps. 5: Heavy Construction Ecl i ment. City will supply and maintain Ali heavy construction ecp pment reasonable and necessary to the completion of the said projects. EXHIBIT A O C 6. Maintenance. City will maintain all completed works at no cost to Zone 9. 7. Ownership and Liabilit : City will assume ownership of and liability-tor the completed works. 8. Term. This agreement will commence on the 21st day of September, 1981 and terminate on the completion and ful- fillment of all conditions. 9. Indemnification for Sole Conduct. Each party hereto shall defend, indemnify and save harmless the other party and the other parties officers, agents and employees from and a- gainst all claims, demands, liability, costs; expenses, damages, causes of action, including but not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional lax of the party or its officers, agents or employees, or independent contractors, solely responsible to such party in performing of attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act: 10. Indemnification for Joint Conduct between gone 9 and the City. The City shall defend, indemnify and save liarmless County and its officers, agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action including but not limit- ed to inverse condemnation and judgments arising out of the joint negligence or joint intentional, acts of City and Zone 9 and their officers, agents, employees, or independent contractors directly responsible to them in performing or attempting to perform pursuant to the provisions of. this agreement including both acts and omissions to act provided however that County shall be solely responsible for the amount of any judgment-rendered solely against the Zone 9 or one of its agents or employees if such judgment is speci- fically rendered in court finding of responsibility by Zone 9 or one of its agents or employees for an act of negligence and City shall not be required to indemnify Zone 9 for such judgment. Likewise.City shall be solely responsible for any judgment rendered solely against it or it agents or employ- ees, which is based upon or expressed act of negligence by it or one of its agents or employees. Zone 9 agrees to cooperate with City in the defense of any such claims of litigation. 2 . o • IN WITNESS WHEREOF, City and Zone 9 have executed this contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO Mayor Melanie C. Billig SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 9 Board of Supervisors Co. Eng. HEW /nt 3 o - a w D U FOOTHILL o a OLD GARDEN a CREEK N c a RAMONA DR. CERRO ROMAU BLVD. OJECT LOCATIONS i z cr cc u- LAGUNA LAKE GOLF COURSE PREFUMO CREEK -- ° TO LOS OSOS VALLEY RD. — � II V - AN r q R °!r o Z i I EXHIBIT B -- o C1�''�.�._� r C. Q RESOLUTION NO. 4628 (1981 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: CORPORATION YARD SUBGRADE GRADING PLAN ESTIMATE: $127,000.00 BIDDER: R. Burke Corporation CITY PLAN NO: F -21 BUDGET ACCOUNT: 40 -5261 -627 BID AMOUNT: $80,516.00 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman_Dunin seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle, and Mayor Billing NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October , 1981. ATTEST: v CITY LERK PANNIA VO16 S APPROVED: City Administrati City A:tatoey e� fficer R 4628 G Q RESOLUTION N0. 4627 (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: JOHNSON AVENUE WIDENING,STATIONS 41 +18 TO 45 +65 ESTIMATE.: $18,320.00 BIDDER: Walter- Bros. Construction CITY PLAN NO: D -19 BUDGET ACCOUNT: 21- 4871 -D19 BID AMOUNT: $17,574.22 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Dunin ,seconded by Cnnnrilman settle and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Griffin, Settle, and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October , 1981. MAY R ME IE C. B LLIG ATTEST: ��ir t i • •V a tGES APPROVED: City Administrative 0 icer City Attorney /e1 R 4627 77� l c 0 0 RESOLUTION NO. 4626 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The attached traffic work orders for the periods of .July 1,:1981 through September 30, 1981 are approved.. On motion of Councilman Dunin seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October , 1981. �, ATTEST: CIT CLERK PAPIELA V GES APPROVED: City Administrative Officer V City Attorney City E gineer 1A.Ll C. BIL� L R 4626 v `r t. r il,�'Il• li�l:l'.i! II) I'i�ItIJ(: ',I'•Ia'I(:i•ti: 9- 2�3 -f;l C(1;�11•I•I',II�.U: • Hi;luera, Madonna, South Street. I(t>UI?S9'IiU BY: R.A. Gordon IIKSCRIPi ION: Install traffic control plan as indicated on the attached timing schedule. r• r rS, .77. . rII ��II� . • .. I I • �::., ,''�. ��. ' �'. /I �.i l it � I ,� �\ I � • O Yka �I_ o b1 I p 0 p r= E': M Y — y. O K oil cn c-, y r ' Conti_ of .Plan n 1 L�J t� m s o cz v — c .��n O , n c C7 xxc�r O "tro r7 �a I XOX n r=J d r, 'O L- 's W tJ t-' C-) Ln y a L) I L) 1-41 cn C7 a` a C << t C Z t C t tl e;eln' hn:+f:6Ti i' LJ _ .Ao u. .Eticr6 f 9-25-81 1,0CATION: California @ Monterey BY: Wayne A. Peterson DE'SUR I PTION: Paint 4" bike lanes for'50' as. indicated on the drawing below. I'l & lvaA fj R: A. Gordon Engineering Associate Traffic A/ A- C E 57(9 I UP61 am Jj 1)ATE TAKEiN TO PIT1,1C SFIRVICH.S: 9- 21 -81 E'r E H I.00ATI ON: Hawthorne School, 2121 Story St. RE10111"ISTED BY: llawthot-tic*School, 2121 Story St. Mr. Lascclles of school district., Di-:tiCll I PT TON: Change existing greem zone on Story St. in. front of school to a white zone for bus loading. R A o r d 0 11 Engineering Associate, Traffic I ION, �D 1 LOCM I ON: Santa Rosa & Foothill Santa Rosa & Ili ghl, and BY: Approved by R. Bruckman of Caltrans Paint markers for bike, signal actuation at these-locations. RAG:jlw R. A. Gordon, all Engineering Associate Traffic 26, T I I- IC 1,)pnjj� 1 1 ti OATI-: TAKE111 '10 HIM AC SFRVAA:I;� ;: CONIIIIIII-11,11): LOCATLON: Foothill and Tassajara RE'QUE'STED BY: R. A. Gordon DES C R L PT I OM Replace old 8" circular Walk/Don't Walk signal heads with 1211 rectangular Walk/Don't Walk signal heads (in stock) to bring the intersection up to standards. R. A. Gordon Engineering Ad - Traffic V. RAG:jlw M C W :I;ul: If I unrl; TAKE; n., PI.T.I lc I.ocA•I: tor;: Santa Rosa at Quchon Streets RP.QUI:STE'D BY: R. A.-Gordon and Dave Romero DISSCR HIT fON: Install 30" Stop Ahead signs and replace existing 24" Stop signs with 30" Stop Signs as indicated on the drawing_below. i �I -U'ru l �o' Jh►�' 14 >< Wt r R..A. Gordon -aw Engineering Associate - Traffic rA J. DMI.. ]AFEN 'If, 9-1-81 I P 1, 1 Ui D C? LOCATLOIN: 4 All City parking lots with handicapped parking 1% I."Q[ I E' IS, I' E'D BY.. City Council Ordinance DFISCR HIT I ON Install new handicapped parking signs now on hand at handicapped parking space in City Parking Lots #1, 2, 4,.6, 8, 9, 10 as required in ordinance Section 3211.7.- R. A. Gordon Engineering Associate Traffic is I 11� I �i / 1 DATE TAKEN TO PUBLIC SERVICES: 9. -1 -81 • CORPLETED: LOCATION: Meadow at Woodbridge Caudill Funston REQUESTED BY: A citizen DESCRUITIoN: Install yield signs yielding cross traffic to Meadow Street at subject locations. V • 1 R. A. Gordon Engineering Asso iate, Traffic i� p DATE TAKEN TO PUBLI.0 SERVICES: 971-81 COM)LUED -. LOCATION: Elks Lane @ South Higuera Street R17QUESTED BY: Pie Traffic Committee DESCRIPTION: Change channelization and striping on Elks Lane and South Higuera to conform to the attached drawing. R. A. Gordon Engineering Ass late Traffic Attachment Drawing 4. �w a U .5. b = 2 °z7'00" L = /5.34 ' 0? ' IV d 0 i DATEI TAKEN TO PULL(: SERVICES: 9-1-81 COMPUTED: - )- 341 LOCATION: 1032 Nipomo Street REQUESTED BY: Dan Allison QRS B.lueprint DESCRIPTION: Paint 22' yellow commercial loading zone as indicated on the attached map. Attachment as stated R. A. Gordon Engineering Associate Traffic Ile" elk LL a. 'ol C\l 1E ! V o TRAP!'LC ORDER FI)RH DATE •1TAKE'N TO PURLI.0 SERVICES :. 9 -1 -81! CO`[P.LETED: LOCATION: Oceanaire Drive @ Lakeview Avalon (both ends), Balboa, Drake Circle, and Galleon Way. REQUESTED BY: San Luis Obispo Police Department (Bruce LaHargoue, Traffic Officer) DESCRIPTION: Install yield signs on "T" intersecting streets with Oceanaire Drive.. R. A. Gordon Ae Engineering Associate — Traffic r Ir if Ill ri il�lt it 11 r r r J ,. ,; III .•r ' .1 i 11 Y�♦. I I t^:1� WIS 0131,--q 0 ® POLICE DEPARTMENT Post Office Rox 1328 — San Luis Ohi�po, CA 93406 — '89x'5 ?- 5-tsl- MEMORANDUM TO: Richard Got-don, City Traffic Engineer FROM: Bruce LaHargoue, Traffic Officer DATE: August 18, 1981 SUBJECT: Oceanaire Boulevard I recently investigated an accident at the intersection of Oceanaire and Balboa Streets. Please refer to a copy of Accident #621 -81 attached. As a result of this investigation I have discovered a problem that needs to be rectified. Problem Oceanaire Drive (on the lake side) is surveyed and posted as a 30 miles per hour zone. Most motorists consider Oceanaire Drive to be a "through" street. I have noticed that most of the intersections along Oceanaire • Drive are void of any traffic control devices (i.e., stop signs or yield signs) thereby creating many uncontrolled intersections. Per Section 21800(b) CVC, traffic on the left is required to yield right of way to traffic on the right. As in the case of Accident #621 -81, the motorist on Oceanaire Drive did not have the right of way. Unfortunately, both motorists in the accident, as well as some residents in the area, were of the opinion that Oceanaire Drive traffic should have the right of way. Many of the intersections have limited visibility. Per Section 22362(a) CVC, the speed limit on Oceanaire Drive is 15 miles per hour through these intersections. Legally, no conflicts between the posted speed limit and the prima facie limit at the intersections exist, however, realistically 'there is a conflict. Recommendation The City install stop signs on the cross streets intersecting Oceanaire Drive at locations where they can be justified. If stop signs are not warranted, the City should install "yield right of way" signs. By taking the above action, all the intersections would become controlled intersections, thereby eliminating the earlier stated problems. r; .'i t.� . O Richard Gordon, City Iraffic Engineer RE: Oceanaire Boulevard ® August 18, 1981 Page Two Please let me kno-.r if I can be of any further assistance. I have also attached the names of concerned citizens of the area that agree with the above proposal. FBL:dmc Attachments as above 1e)�es 0 e Respectfully submitted, L6 s' F. B. LaHargoue Traffic Officer T� Concerned Citizens: July Connely 1273 Oceanaire Drive 543 -5919 John Connely 1273 Oceanaire Drive 543 -5919 Merle Mulder 1286 Oceanaire Drive 544 -5019 Silvia Garcia 1281 Oceanaire 544 -3960 Ttl::l 4Ir (•(-)I I ISInN RFP(1RT 1 ewer CI I�ALI.I, f.O N')I TIONa ••O. IH r'I Hf•O N fS 11 17 _• ` IUVIC I•l CT ••V40RR II LOY ND. NILLI•O H B N C<IrIY)v r 111, V1;1111f7 1 DF. T f•` I.D. _ I / � '1 � Z •)LL"'ON OCCVRnFO ON -- MO. CAI VP. TIME Ill..) CIC HUMOCP 01 II11'R I.O. •• ^^"`. PwTR2 -.H pow Awwv arwTr WW neuTF � IN reRarcTlo. w1TN /l �) I. 1 r � —_ �.I WAr C y'Y '� nDn: �rPrM rs "HE IIIPaT. MIDOLD• LA9r1 'HCCT AoY /!a9 PARTY • l ( OPIVRH —+ TIVL R Is LICCH9F NVMOER SIPTII \III 9G% Aff. C "ITV, , 9TATE RHONE MO.i IIAOPVI - .r- r TRIAN VE. NICL; Y.. MA.C1.0.CL LICENSE NO. STATE OWNGR•S .AMC ❑ SAME AS ORIVHA CD 1 r I 1APPCO 1 VCP- OIRECTION OF OH /ACR03e STRECT OR HIGHWAY OWNER'S AOORCSS SAME AS OR1VCR ❑ / TRAVEL 1. 111 I CIC ♦ - CLIST ❑ S,MCC LIMIT DISPOSITION OF VEHICLE ❑ BV ORIVIP ON ORDERS or 16.111E DAMAOEI / VIOLATION C ✓AROCO t%TQNT ❑ MN C3.00. IOR MOO. LOCATION !r OTHER 1 3 O ❑MAJOR ❑TOTAL• // �• ❑• e NAME PIP ST. MIDDLE. LAST 9TPHCT ADO.a S3 PARTY I ORIVCR ORIV HR'S LICENSE MYNOER 3TATC OIR T.DATE SEII PACE CITY STATE PN OMC / •HO. r TRIAN VEHICLE VR. MANE /MODEL LICCNSC STATE Ow NIP'S NAME •Ia.ISAME AS ORIVHR •AOID VEM• DIRECTION OI ONIACROSS ST-CET Ow .'..WAY OWNE.'S AOO.a S4 '.:IjAME AS DRIVER ❑ TRAVAL T .IC• ,II — C LAST 3PP.Cp LIMIT DISPOSITION Or VEMIGLC ❑ Dv DRIVER ON Ow pERS OR VEMIC LE DAMAGE VIOLATION CM ARG EO ❑ E %TENT LOCATION 1 OIXEP �' • ❑ MINOR ❑ "1 1 l ' r ' I ❑MAIOP ❑TOTAL' ❑ OE9C.I.T10. OF CA..lC f L OWNER'S ...a AODRE39 MOTII1t0 O ❑ TGS ❑ NO EXTENT OF INJURY INJURED WAS EhyC Oncl PARTY wlr.E as ON" AGL'- SCX NUMBER wTAt sI VLRI wOU.O OT.IGR VISIDLE COMPLAINT OI PAIN DRIVER vA45, F.D. 91CV- CLIST OTM[R IN1VPr Or$TORTI D MCMDER INIVRrE9 ❑ ❑ 1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ PHONE NAME N AOO.CSS TAKEN TO INJURED ONLY N W Z 3 rvAMC PHONE Q W A.01.99 TA.IN TO I1.1 V FEO ONLY 3 \_ ❑ ❑ C3 1 ❑ 1 ❑ ❑ ❑ 1 ❑ ❑ ❑ NAME • PNOM1H ADORC39 TAKEN TO ttNJUREO ONLY {KETCH � MISCELLANEOUS INDICATE NORTH 16 rrPA 1 ')64"l (R[V 8-7{) Yu IRC.lows EOme.s V.,., ot- ...... w l c � T e ,•� COIL 0 f �> o-=- A;1,!'lro r ,)e.,Q u er — c-vc- C3Q /,Op 1-f W 7D I! 774 jX - �'Z_ nrz) Iy, 7P PRIMARY COLLISION FACTOR RIGHT 01: I•JAY CONTROL 1 21 31 4 1 TYPE OF VEHICLE 1 2 3 4 MOVEMENT PRECEDING COLLISION A VC SECTION VIOLATION: 'a I C�< V F) &, ') C– A CONTROLS I UNCTIONRFIG '.SS�.... CAN j.CVlLl..l STATION WAGON) 0 CONTROLS NOT PVNCTI.I,RJV. A STOCIIII50 B OTPic. ....PC. Ow1VINGG C CONTROLS .131CU.C. 0 Iw55ENOER CAP ./TRAILER a PROCEED... STRAIGHT C OT.C. THAN OCCICICCU• D N. CONTROLS C'.1SICIVI C .01.PCICLCIICOOI.. C ... OP, R0.. U...O.CV• TYPE OF COLLISION D PICKUP OR PANEL TRUCK C, MwHInG ..GPIT TURN WEATHER C PICKUP OR PANEL TRUCK E MAKING LEFT I ... A cum^. F ..NIAG . l. .N 0 CLOUDY C PCuA. ENO F TRUCK OR TRUCK TP.CTOF! IG ZPACC41.1 C ".,PRNR; D ......... TRUCK OR TRUCK TRACTOR G WITRAtLCR(S) H SLOWING – STOPPING SNOWING E ..r o.,.cr 1 PASSING OTHER VEHICLE SOD H SCHOOL "US J CHANGfCVG LANES F ay.g.: G ^.T.jPl.LST...fV I .,N.. DVS K PARKING -A ... VECI J .... Gir... V.PRGL. ENTERING TRAFFIC 1.0W L S..ULOE ",:`V, STRIP 0 RIV ATH ...Vv LIGHTING K P,WV CON ST. IE OvirMENT A DAYLIGHT MOTOR VCMICLE INVOLVED WITH L 01CrClug 0 DUSK – O^WPJ A ..14-G47CLI1110. M OT.C. VC.'Cl. M Dr... UNS.F. 11PCN.Pd4 C DARK – STICICCT LIGHTS 0 PCDESI.IAN N Eau"P... IN CPC,SSffD R,r0 OPPOSING LANE DARK – NO STREET LIGHTS C .,,P MOTOR V ENICLC 0 .0'.0 STREET LIGHTS NOT D MOTOR VENICLU ON OTHER ROADWAv 1 2 3 4 OTHER ASSOCIATED FACTOR J�ACCK I TO I ITEMS) 0 PAPIPCE E FACCKC. MOTOR VEHICLE P MERGING ROADWAY SURFACE F iKAIn A VC SECTION VIOLATION: O TRAVaL1N0 CAPOPIC A DwY G ..Cl.L. 0 wer. H .....L: B V;&�TI5 VIOLATION: 2 C •.O., -,C, 1 2 3 4 SOBRIETY –DRUG– PHYSICAL IM ... 1 1. . IT..fl 0 IIIICNIC.Y ..LT. PTIJ I PIAEO..'.CT: C VC SECTION VIOLATION: ROADWAY CONDITIONS (PICAPI. I TO 3 rn.l) A ..0 NOT teen ...... N, J OTP411. 0.1KCI: D VC SECTION VIOLATION: 113 IA oLes• o.%- FC.,s- I C 0 LOOSE MATERIAL on PCOAOVV.�' K ... e.: E VISION 01C.C..C.C.TS: W-J�Q/ C o.,r.vcTso,V 0. EPADW.T' D 0,1130–.041A.II.E.1 .... OWN. 0 CONSTRUCTION-CRlCl.ICR ...IT PEDESTRIAN'S ACTION F INATTICNTION E REDUCCO ftdAC.AF .#Dr. A No PEDESTRIAN INVOLVED G STOP & GO ?PAP FCC E I., ...... UG..P,wc"cr' FLOODED' CROSSING IN CROSSWALK AT 1. TEAS. c"O. PAIFIF F IFCl.I..Z.T–JCPCYjICAL OTHER: I PREVIOUS COLLISION G ..'.I.CA9.F NOT K.O.- C CROSSING IN CROSSWALK – NOT AT ."..I.CTION, J V.14k.IIIAN WIT. .0.0 H MOT All"CAIPLIS NO UNUSUAL CONDITIONS 0919CTIVIE VKPICIN CO.11• K I SIWKICIIIFATIGUCO CROSSING – NOT ." C.O..R.C.P, I JE IN SOSO – INCLUOUS •WOULD9111 IL FRft.OLICZ0.9PRCLC IF NOT I. ROAD M Dr...•.. APPIROACKITINGILEA.... SCHOOL ... —]— — IN FICA1411 04CICIA.W.Y. 9071*AT,e 1.0. PIUMISWO 11"IfItICTIOAT90 0• ^tviA IN I. NPtun.E 'y 11iW C '1 1: A I I C 1: 1) 1 i, J.:: j sj-�jwjt:j-,!;: P,-27 111VIT TAV.FN T() PIMIAt: �:QN111A."I'l"l): 1,0CATI (It I: Chorro Street at Lincoln Avenue K111,0111"STD) BY Mr. Bill Shipsey 1248 Marsh Street r)k i in CA 9"401 UH . uis Paint 15' corner clearance Paint 20' red and 6' red zones as illustrated on the attached -aerial photo. Attachment RAG:jlw Richard A..Gordon Engineering Associate Traffic I err ID DATI•1 TAKI-;N D) I.00A I'10111: Broad (227) and Buchon Streets 1\1 11-1QUIl"STI-1,I) BY: Caltrans N 1)hSCR I I'•l, FON Relocate "One Way" signs as indicated below and remove posts. CjA 0 le CIAK gs4c 6C To AP a./fu (7 V-*E7 tdof 7- R.A. Gordon /',"? ­3 Engineering Associate- Traffic Ate, Y&w �9/o 70 A4C I IIail l If: W"10.'�; IOI'1 I I•: 'I'.\KEM 'I'n I Lii I.IC RNICI {;;; LoC:A'I I ON: South Street at King Street: I;I:UI 1. 11) i;l': 1 Darrel Beatty, President 11 The ViAlage at Exposition Park Homeowners Association 2250 King No. 9L - SLO 93401 j� I)BSCRII"111ON i Lnstall W66 signs and paint yellow crosswalk and Slow Schoo.1 Crossing as indicated on the attached aerial photo. 0 RAG:jlw R. A. Gordon Engineering Associate - Traffic i. I u qj co Iif UI I, !,-,, I 6.14 -, P 7 ; , Ir MAI ri4031e..... hl to, T7, W cc I. • 501 ... .... It .'I" A4 Ak . I il;e I, i": rig xl DATE TAKEN TO PU1;I,I(: Sjolj<Vjj,I--,S: 8-7-81 W -LOCATION: Margaritk Avenue at South Higuera Street RE,QLILSTLD BY: Art Hird (for City buses.) DESCRIPTION: Paint 15 foot corner clearance on Margarita Avenue as shown on the attacted air photo. NG:jlw • Dick Gordon. Engineering Associate - Traffic I 1"k . Ij. 4. 1 7tr mi ape, 1 4. 6x, I" 11' I 1, 1. 1 N i L �wl All MARGARITA AVENUE E MI. "", I IV I MI. "", I FRAFFTC WORK ORDER ----- - ----- DATE: July 31, 1.98-1 DATE COMPLETED: LOCATION: Street tral--fic signal system Monterey Street, Pal-in Street, Mill Street* REQUESTED BY: David Romero DESCRIPTION: Between the hours of 6:15 p.m. to 5:45 a.m. operate Santa Rosa Street semi-actuated traffic signals at Monterey Street, Palm and Mill Streets as follows: 25 second cycle (free mode) uncoordinated, split 1, offset I Monterey. 9G 3Y .511 Santa Rosa St. 9G 3Y .5R Palm 13G 3Y .5R 5G.3Y .5R Mill 13G 3Y .5R 5G 3Y .5R R.G:.j Iw Merlin Van- Please call me when you are ready to install this timing. Dick Gordon Engineering.Associate - Traffic 2 IE 4 I)A'1'11 Ii KFN TO PUB1,1C SEIRVIGES: COMNA-' FED: T.IWATI ON: Higuera, Madonna, South Street BY: R.A. Gordon OHISCR LPI I ON: Install traffic control plan as indicated on the attached timing schedule. �, 11 • • CA # UULcl L"4"J _I --- F B -5 loll _I --- F B -5 E rY • 0 4. GI 0 14 I p 0 - I O il LO t4 o rd o IN Li O il LO t4 o o I )r -- - - �a� 00 NJ -a ZA a� TRAFFIC urul ;It I!nl:,l i Ur \'I'li TAFEIN TO PURIJC SERVICES.: CO 1PLETED: — June 16, 1981 LOCATION: Augusta Street, west of Laurel Lane REQUESTED BY: D. Romero DESCRIPTION: ® Paint the word "slot-ill in white on the pavement for eastbound traffic on Augusta Street using 4' stencil 400 + feet west from Laurel Lane and for westbound traffic 200 ± feet west from Laurel Lane. Q 3�� v O. v TRAH'IJ: 4?I(UIiIt Pc l: hi 1)AIT" TAKEN TO PIKILIC SERVICES June 15, 1'981 I.00ATI ON: Augusta Street, west of Laurel Lane RE-QUESTED BY: D., Romero COMPLETED: rg DFISCRIPTION: Paint 4' red curb clearance on all driveways on Augusta Street, west of Laurel Lane to the west boundary of the park. R D I." R ijjUl I)ATE' TAKEN TO ITOIAC SERVICI",S: June 15, 1981 LOCATION: 1020 Southwood Drive kEQUESTE-1) BY: Steve Del Gado, The Courthouse COMPLETED: jfT DE'SCRIPTION: Paint red curb as indicated on the drawing below. 3�4 oV 4e v e.-s C. x flw 4 Oc X or- 0 9 lJ l_KAI1•I(: ORDER FORM DA'TEs 'TAKEN TO PUE;LIC SERVICE ;S: June 15, 1981 LOCATION: 560 Higuera.Street REQUESTED BY: Virginia Dutra., 560 Hi.guera Street COMPLETED: I , dh qpDESCRIPTTON: Paint red curb along full width od driveway. I 11 o I'RA VONM DATE, TAKEN TO PUJILIC SERVICES: Juen 15, 1981 LOCATION- 2851 Johnson REQUESTED BY: Mrs. , Petrucci COMPLETED DESCRIPTION: Paint 4' red curb clearance for driveway at 2815 Johnson. T� SAP -�� ovi�y MEETING AGENDA YME 0� � r 0 AGENDA REPORT ��# TO: City Administrative Officer FOR COUNCIL MEETING OF: October 6, 1981 BY:' Wayne A. Peterson ACTION REQUESTED: Adopt Resolution City Engineer Approving Traffic Work Orders SUBJECT Traffic Work Orders for Period of July 1, 1981 through September 30, 1981 RECOMMENDATION Recommend Council adopt Resolution approving Traffic Work Orders for the period of July 1, 1981 through September 30, 1981. DISCUSSION. None (attachments) Traffic Work Orders for July 1, 1981 - September 30, 1981 BUDGET IMPACT 0 Minor operating expenses. C.C. Dave Romero (w /out attachments) c4-1 RESOLUTION NO. 4625 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND THE "VICTORIAN GROUP ", A PARTNERSHIP- -BEACH STREET WATERLINE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION. 1. That certain agreement, attached hereto marked "Exhibit "A" and incorporated herein by reference., between the City of San Luis Obispo and the "Victorian Group ", a Partnership, 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: Mr. John King, and also to the Director of Public Services, the Utilities Engineer /Superintendent, the City Engineer, the Finance Director, and the Fire Chief. On motion of Councilman Dunin , seconded by Cnun ;1man S r 1P , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of Ort-ohar , 1981. /\ 1 V MAYOR IE C. BILLIG ATTEST: — 10LI, I Z R CI CLERK PAMELR VOGES R 4625 APPROVED: ty Admi n str ti v U cer, City Attorney Pub is Z-:-? Director Ile Oti l i Irl es Engi neer Super Thtenden t Fl P ante it ctor n _ EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated October 6. 1981 , 1981, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City ", and the "Victorian Group ", a partner - ship, the fee owners and developers of the real property described as Lot I of Block I of the City of San Luis Obispo, hereinafter called "Developer" WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. 'The City agrees to design and contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 4293, adopted on October 28, 1980, which resolution is made a part of this agreement as though specifically set forth herein: a. Construction of approximately 370 feet of 8 inch diameter water line in Beach Street from Pacific Street southeasterly to Pismo Street. b. Installation of one fire hydrant, with connecting lateral, and related facilities. C. This project including inspection, engineering, and administration thereof is to be partially financed by the City under provisions of Resolution No. 4293, otherwise known as the "$25,000 Quarterly Funding Program ", using a pro -rate share of funds available from the second Quarter of the 1981 -82 program as described below. 0 0 d. The total estimated cost of this project including engineering, inspection and administration is $19,730 of which the City's agreed contribution is to be $13,175; the Developer agrees to pay the balance. ($6,555 estimated) 2. Said water system improvements have been determined necessary to provide adequate dependable fire protection for development of Developers lot. 3. City agrees to prepare plans and specifications providing for the above — described installation to City standards and to call for bids, award a contract and administer same in accordance with the provisions of Section 724 of the City Charter. 4. Developer agrees to pay the following amounts as his share of the costs for said improvements: a. At the time of signing this agreement, a deposit in the sum of $1,973 which represents 10% of the estimated total cost for the project. b. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for the balance of his share of the actual engineering, administration and contract cost of the project as described in Section 1, paragraph d above and as adjusted to conform with the unit prices of the lowest acceptable bid. It is understood that if said balance is not paid to the City within thirty (30) days after notification of the determination of the cost of said work, no improvements will be made and the deposit will be forfeited and retained by the City. c. The cost of all change orders or other unanticipated expenses occurring during the course of the project shall be paid by the developer within 15 days after notification thereof by the City; changes resulting in cost decreases shall be credited to the developer. G 0 5. For planning purposes, the City estimates that the water system improvement will be completed within six (6) weeks after the contract is awarded, and City agrees to use due diligence in seeking' timely contract performance. However, the parties recognize that City cannot guarantee timely performance, and Developer agrees that City shall not be responsible for any loss incurred by him as a result of delays in contract completion. Developer also agrees to hold City Harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 6. Developer agrees that he will not seek a certificate of occupancy and he will not permit others to occupy the project to be constructed by him upon the real property referred to herein prior to the completion of the needed water system improvements, unless.written permission to do so is obtained from the Fire Chief. 7. This agreement shall be binding upon and shall inure to the benefit of the heirs, assigns, and all other successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SAN LUIS OBISPO 11i17i CITY LERK 'PAMELA VOGFV c� Ity Adminisl:raLive U" WI i cer orney Public Services Director Utili ffes Engineer Superintendent ina e D r G r 7 RESOLUTION NO. 4624 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CUESTA VALLEY PROPERTIES - LINCOLN STREET WATER LINE 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 Cuesta Valley Properties 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: Mr. John French_, and also to the Director of Public Services, the Utilities Engineer /Superintendent, the City Engineer, the Finance Director, and the Fire Chief. On motion of Councilman Dunin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October , 1981. ATTEST: CITY C ERK PAMELA VOG 1 R 4624 A C) Resolution No. 4624 - 2 - APPROVED. vV City Administrative qffi-cer City At Director of Public Services L 1981 Series EXHIBIT "A" AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT, dated October 6 , 1981, for the convenience of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called "City", and CUESTA'VALLEY PROPERTIES, the fee owners and developers of the real property described as TRACT 9.39, City of San Luis Obispo, hereinafter called "Developer ".. WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. The City agrees to. design and contract for the installation of, and assist in funding the following described water system improvements in accordance with Municipal Code Section 7410.9 subsection (1), relating to main extensions to new customers other than subdivisions, and City Council Resolution No. 4293, adopted on October 28, 1980, which resolution.is, made a part of this agreement as though specifically set forth herein: a. Construction of approximately 375 feet of •8,inch diameter water line in Lincoln Street from Broad Street easterly to Chorro Street, also the installation of an 8" check —valve between the 20" transmission line and the 8" 'distribution line in Hill Street at Lincoln. b. Installation of "one fire hydrant, with connecting lateral, and related facilities. C. This project including inspection, engineering; and administration thereof is to be partially financed by the City under provisions of Resolution No. 4293; otherwise known as the "$25,000 Quarterly Funding Program ", to the extent that said funds are available from the first Quarter of the 1981 -82 program. o � o d. The ,total estimated cost of this project including engineering, inspection and administration is $24,575 of which the City's agreed contribution is to be $13,175; the Developer agrees to pay the balance. ($11.,400 estimated) 2. Said water system improvements have been determined necessary to provide adequate dependable fire protection for development of Tract 939. 3. City agrees to prepare plans and specifications providing for the above_ described installation to City standards and to call for bids, award a contract and administer same in accordance with the provisions of Section 724 of the City Charter. 4. Developer agrees to pay the following amounts as his share of the costs for said improvements: a. At the time of signing this agreement, a deposit in the sum of $2,457 which represents 10% of the estimated total cost for the project. b. Prior to the commencement of the work and immediately following the opening of bids, such additional amount as is necessary to pay for the balance of his share of the actual engineering, administration and contract cost of the project as described in Section 1, paragraph d above and as adjusted to conform with the unit prices of the lowest acceptable bid. It is understood that if said balance is not paid to the City within thirty (30) days after notification of the determination of the cost of said work, no improvements will be made and the deposit will be forfeited and retained by the City. c. The cost of all change orders or other unanticipated expenses occurring during the course of the project shall be paid by the developer within 15 days after notification thereof by the City; changes resulting in cost decreases shall be credited to the developer. 5. For planning purposes, the City estimates that the water system improvement will be completed within six (6) weeks after the contract is awarded, and City agrees to use due diligence in seeking timely contract performance. However, the parties recognize that City cannot guarantee timely performance, and Developer agrees that City shall not be responsible for any loss incurred by him as a result of delays in contract completion. Developer also agrees to hold City Harmless from all claims by third persons, purchasers or tenants which are based upon delays in performance of the water main construction contract. 6. Developer agrees that he will not seek a certificate of occupancy and he will not permit others to occupy the project to be constructed by him upon the real .property referred to herein prior to the completion of the needed water system improvements, unless written permission to do so is obtained from the Fire Chief. 7. This agreement shall be binding upon and shall inure to the benefit of the heirs, assigns, and all other successors in interest of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF SAN LUIS OBISPO YOR M LANIE BI LI ATTEST: CITY rTURK paN LA V ES DEVELOPER: FRENCH, VICE PRESIDENT STA VALLEY PROPERTIES rYPROVEH: City Attorney � � ®r, s '- Public Services 'Director O RESOLUTION NO. 4623 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING 1981/82 PARKING FUND APPROPRIATIONS BE IT RESOLVED by the Council of the City of San Luis Obispo that the following appropriation account is established to provide for the production and distribution of a public information brochure for the community parking program. ACCOUNT NO. DESCRIPTION AMOUNT (50) 51- 6814 -405 Parking - Special Projects $5,500 (Public Information Brochure) On motion of Councilman Dunin and on the following roll call vote: , seconded by Councilman Settle , AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of October 1981. ATTEST: 40411 It, CITY PLERK PAMEILA VO S R 4623 F/if o 1. > RESOLUTION NO. 4622 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION THAT A GENERAL PLAN AMENDMENT (GP0951) ESTA- BLISHING A PRECISE BOUNDARY BETWEEN HOUSING AND OFFICE AREAS ON A PORTION OF SANTA ROSA STREET WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT WHEREAS, this Council has initiated a general plan amendment (GP 0951) to establish a precise boundary between office and medium- density areas on the Land Use Element Map for property on the east side of Santa Rosa Street between Mill and Walnut Streets (Map of proposal attached, marked Exhibit A); and *TERMS, the Community Development Director has conducted an initial environmental study regarding the proposed amendment, finding that a negative declaration shall issue (Initial Study attached, marked Exhibit B); and WHEREAS, Richard Warner has appealed the finding that a negative declaration shall issue (Appeal letter, containing reasons for appeal, attached, marked Exhibit C); and WHEREAS, this Council on September 15, 1981, heard and considered Mr. Warner's appeal, consisting of the letter (Exhibit B) referred to above and a statement of his attorney, Ms. Shaunna Sullivan of Miller & George, a law corporation; and WHEREAS, this Council has also considered staff's response to the appeal (Memorandum attached, marked Exhibit D); NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The Council, on the basis of the above - referenced documents and statements submitted and made, finds that the Community Development Director correctly determined that a negative declaration shall issue with respect to GP 0951. Specifically, none of Mr. Warner's contentions demonstrate the possibility of a significant effect on the environment. SECTION 2. The appeal is therefore denied. On motion of Councilwoman Dovey _, seconded by Co„nr;lman SPtt1e -> and on the following roll call vote: 4622 Resolution No. 4622 (1981 Series) AYES: Councilmembers Dovey, Settle, Dunin, Griffin, and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed. and adopted this, 22..day of Senrpmbor,1981. ATTEST: CI7 CLERK PAMELA v GES City Attorney -2- I X>11 ,D\(D O.. �r Ik 0" O EXH ILL" A'► 0 0 R-4 H1614 DEV�e, - ,I j"j . 0 0 IR-3 \v OD 0.1 0 n (D L,%/ of I fir., 0 (D k ��,�, � 0 0 4. Ip (2) 0 41 0 1 0 014E DEt q51'ry E ID Lm vrill 0. z! 01 0014#40 1Z ,c F\( 0 0 5;BLOW-UP OF THE, � GENERAL FLA-,kl -' IA /r' •1 r- y 0 0 J EXHIBIT "B" C CITY OF SA 'J LUIS 0315rn I !J I TI AL .STUDY OF EHV I ROW ` ITAL WPACT • APPLICATION No, 46 -81 SITE LOCATION Santa Rosa Street Between Mill and Walnut Streets PROJECT DESCRIPTIOrd_ Establish the precise boundary _between ' office and medium- density areas on the Land Use Element Map for property on the east side of Santa P.osa Street bet•ieen h1i I1 and Walnut Streecs. See attached maps). - APPLICANT City of San Luis.Obisoo STAFF P,ECON"1ENDATION Negative Declaration PREPARED BY Terry Sanville, Senior Planner —'DATE 7 -29 -81 COI•HUNITY DEVELOPMENT Negative DecZaration 7 -29 -81 ,DIRECTOR'S ACTION: - DATE Pl N 0 • iJ b Q) 41 N V N 75 7 H U H C.? L E- U L �w N n I I Z Z' O Z O Z O Z -C p Q � _ v z ¢ -3 c ? O E- � U c E Q m E W Cr C C W Q �{ �. H ' Cn _ CCCC CIO H r. O L' W N > F H L F. U UH w C- �<� Z C1 `� � Cz c• 4 S E� 7 = E O U O C O C OW E5 H C; V) u `J t� C/2 G = C; Q' V) r— G C H H H H H Pl N 0 • iJ b Q) 41 N V N 75 7 H U H DRIPTION OF THE PROJECT---J • The proposal is to estaGlifi�Ehe precise location of n land use boundry on the city�s gen=eral plan Land Use Element Map. The properties affected include those fronting �San.ta Rosa Street between Mill Street and Walnut street and properties east of tiiese' t:ontaye parcels. The attached maps include: — a. a'xerox copy of an excerpt from the adopted Land Use Element Map. b. The proposed refinements to the map to establish a more precise boundary location. c. A blow up map of the proposed land use boundry. This general plan amendment was initiated by the San Luis Obispo City Council. 1 1 0 0 • EXHIBIT „c►► Q Miller & A LAW CORPORATION 2238 Bayview Heights Drive /P. P.O. Box 8129 Los Osos, California 93402 • Cable: SLO LAW • Telephone (805) 528 -3350 August 27, 1981 San Luis Obispo City Planning Commission San Luis Obispo City Council San Luis Obispo City Department of Community Development City Hall, 990 Palm Street San Luis Obispo, CA 93401 RE: ENVIRONMENTAL REVIEW COMMITTEE PROJECT NO. ER 46 -81 COMMUNITY DEVELOPMENT DIRECTOR'S DETERMINATION OF JULY 29, 1981 Ladies and Gentlemen: • Richard Warner appeals the Department of Community Development Director's determination to grant a negative declaration for the project initiated by the city to amend the general plan to designate properties located near Santa Rosa Street between Mill Street and Walnut Street to R2 use. This appeal is made pursuant to San Luis Obispo Environmental Impact Procedures & Guidelines, §IV B. This appeal is filed within ten (10) days of the request of notice to us as per our request for notice pursuant to §21092 of the Public Resources Code and Title XIV of the Administrative Code § §15083 and 15163. Appellant request a public hearing be had on this appeal. As any person may appeal, not just a property owner, this appeal is made in regards to the project as a whole. Richard Warner appeals the decision that the change of the general plan boundary line designating 97,500 square feet and 12 lots from PO to residential will cause no significant impact to the environment. The grounds for this appeal are that the city's Planning Commission and Department of Community Development have failed to comply with the California Environmental Quality Act, the San. Luis Obispo CitV Code, and the San Luis Obispo Environmental Impact Procedures and Guidelines. Appellant challenges the director's determination that no significant environmental effect • will occur as a result of the project. This project of converting designated professional offices (PO) uses to residential uses may individually, as well as cumulatively, cause Miller & George • San Luis Obispo City August 27, 1981 significant ettect _on the _ environment:.; - The project- has_LtKe potential_ to - achieve short -term. .goals- to. the­--disadvantage_ of long -term environmental goals, Furthermore, such-- a project conflicts with .adopted - .environmental and_.growth -- plans- and. goals' as _represented by the. - .general _plan :' Such a_- project may also result- -in increased- water .consumptiori ".., The project. will also 'conflict -with es- tablished professional office uses in the az thereby disrupting . and. dividing_the_- phy_s.ical_ arrangement of the es_tab.lished community The director has apparently failed to consider these and other possible environmental impacts that may result from the project. Appellant questions the director's determination that no significant impact will result from the project and suggests that an Environmental Impact Report should be filed in accordance with CEQA. Further grounds for this appeal may be established at the hearing. (Please note that according to the city code.and environmental • guidelines, the- - general- plan- _amendment.may not be _considered until a_1_l environmental review has-been completed.' Only after Z— final- decision on the appeal_ is resolved. can the advisory or� decision - making body_,_advisory- body, or any city department take action on the project-itself._ Appellant suggests that the proposeed- general--plan amendment be stricken from the agenda of the_.September lOF, 1981, . city's Planning.Commisson- hearing since. there is insufficient time to provide public— no_tice__ a_nd_to process— this — appea -l— before) SS /dkr 2 Very truly yours, MILLER & GEORGE ,f Shaunna Sullivan 0 COMMUNITY City of San WIS 0131 Spo. DEVELOPMENT STAFF REPORT FOR Bill Hanley, Acting CAO MEETING DATE September -5, 1981 BY Terry Sanville, Senior Planner - .--^> ITEM NO, PROJECT ADDRESS FILE NO, SUBJECT: Appeal of Community Development Director's Environmental Determination General Plan Amendment (GP 0951). THE SITUATION Mr. Richard Warner has again appealed the Community Development Director's determination to grant a negative declaration for GP 0951. This amendment was initiated by the City Council and would establish a precise boundary between housing and office.areas along the east side of Santa Rosa Street generally between Mill and Walnut Streets. Mr. Warner's letter of appeal is attached. RECOMMENDED.ACTION Deny the appeal. BACKGROUND AND EVALUATION Mr. Warner who owns property on Mill Street (which was the subject of a recent rezoning request denied by the City) has petitioned the courts and is requesting that the courts require the city to rezone his property from R -2 to P0. Action by the courts is still pending. The proposed general plan amendment was scheduled for Planning Commission consideration on September 10,-1981 but must be continued by the Commission until the council. acts on this appeal (continued to the September 23, 1981 commission meeting) . Mr. Warner's appeal letter outlines several points which he and his attorneys feel warrant further environmental study. Each point is type below in ZcAipt.followed by a brief staff response. 1. The project has the po<tentiat to achieve bhont -.tenor goa.ea to the dizadvantage o g .tong- .term env inonmenxaZ goatz . Probably the opposite is true. The city's General Plan Housing Element in fact directs the city to favor residential uses over commercial uses where they will be equally suitable for an area. Retaining the area for housing will in fact better meet the city's housing goals: It would not preclude land use changes in the future. 2. Such a project eonn'Zi.ctb with adopted envuwnmerrta.2 and gnawth pea.na and goa z as nepnedented by the genehat plan. The letter-of appeal makes no specific reference to which growth plans and goals. The city has maintained in the past that this change in facts supports the. intent of the Land Use Element and reinforces policies in the housing element.. 3. Such a project wdfk tebuZt in incneand watet conaumpti.on. Not true. The area is already developed with housing and the city now provides water to these housing units. The appellant feels that because houses use more water then offices that water use is a significant environmental issue. J •Yi i 7.80 L�" There is no documentation in the letter of appeal to show this. Nor do city water billing records show this. Finally, the amount of water used by either type of land use (office or housing) is clearly insignificant. Assuming there could be about 10 additional houses built in the area ( a generous assumption ) the new houses would use about .07% of the city's total water supply and about .4% of the city's remaining water supply. This is not individually or cumulatively significant. It is important.to point out that the city's office zone also allows R -2 density housing. 4. The ptoject wiU atzo coniZici with eb.tabti6hed pao6uzionat o66i.ce u,aeh in the area xh.eneby dibnupting and dividing the phy.6ieat aAaangement ob the es.tabZi,ahed community. There is no evidance that shows that offices conflict with housing in this area. In fact, the city has historically considered housing to be compatible with offices and vice versa. This is why housing is allowed in the city's Office (0) zone. - As far as the concern for dividing the physical arrangement of the established community, the expansion of offices onto Mill, Peach and Walnut would in fact create this type of problem - not the retention of the existing housing. Frontage properties on Santa Rosa are zoned for offices. Property on the side streets is zoned for housing. The proposed general plan amendment will not change this • arrangement. Attached: Letter of Appeal from Mr.. Richard Warner Initial Environmental Study • /1 RESOLUTION NO. 4621 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROPRIATING MONEY FOR THE BUS PROMOTION PROGRAM IN THE MUNICIPAL TRANSIT FUND. BE IT RESOLVED by the Council of the City of San Luis Obispo to appropriate $'3600.,in the following:• accounts . of the Municipal Transit Fund General Administration Activity: Newspaper advertising Radio advertising Television advertising Other advertising 53- 7703431 1 V500.00 53- 7703 -033 ''160.00 53- 7703 434 160.00 53- 7703 -035 -2�i780` 00 On motion of Councilman Dunin seconded by_Councilman -- Settee , and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 21st day of -September-- 1981. \ MAYO LANIE C. BILLI - - - - ATTEST: CI7 CLERK PAMELA! OGES * * * * * * * * * * * R 4621 4. Resolution No. 4621 _ 2 _ APPROVED: Public Services Director (1981 Series) �f` �P� �E�o � � �- ,'h:zc a ���Z �- -, _ �, �. d RESOLUTION NO. 4620 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 1981 -82 ANNUAL TRANSPORTATION CLAIM. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. To approve the 1981 -82 Annual Transportation Claim. Section 2. To authorize the Mayor to execute the appropriate claim documents for the city. Section 3. To direct the City Clerk to forward two executed copies of the claim and a certified copy of this Resolution to: San Luis Obispo County Area Council of Governments 2156 Sierra Way San Luis Obispo, CA. 93401 On motion of Councilman Griffin , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this2lstday of September , 1981. ATTEST: CITY CLERK PAMELA GES MAYOR- fELANIE C. BILL R 4620 Q � Resolution No. 4620 - 2.- 1981 Series APPROVED: City City Att rney qF*nance c � RESOLUTION NO. 4619 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BOBBY KOBER FOR EXTENSION OF OPERATION OF THE GOLF COURSE CONCESSION THROUGH SEPTEMBER 30, 1982. BE IT RESOLVED by'the Council of the City of San Luis Obispo as follows; SECTION 1. That certain agreement., (copy attached), on file in the Office of the City Clerk of the City of San Luis Obispo and incorporated herein by reference, between the City of San Luis Obispo and Bobby Kober for extension of operation of Laguna Lake Golf Course as concessionaire through September 30, 1982, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution to: Bobby Kober, Director of Parks and Recreation, Director of Public Services, Finance Director. On motion of Councilman Settle , seconded by Mayor Billie , and on the following roll call vote: AYES: Councilman Settle, Mayor Billig Councilmembers Dovey and Dunin NOES: None ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 15th day of September , 1981. ATTEST: City .Clerk7pam a -foges i yo M lance C. Bil g R 4619 RESOLUTION NO. 4619 (1981 Series) Page 2 ty Administrative Qfficer City Attorney i ector Parks $ Recreation f, AMENDMENT EXTENDING AGREEMENT GOLF COURSE CONCESSION The undersigned parties to the agreement dated April 1, 1979, and extended through September 30, 1981, between the City of San Luis Obispo and Bobby Kober, for operation of the Golf Course Concession as Laguna Lake, a copy of which is on file in the office of the City Clerk, hereby agree as follows: 1. Said agreement shall be extended through September 30, 1982. 2. All other terms and conditions of said agreement shall remain if full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed on this 15th day of September ,1981. Golf Professional cf Bob )y Kober City of San Luis Obispo 04 I � Q RESOLUTION NO. 4618 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BOBBY KOBER FOR EXTENSION OF GOLF PROFESSIONAL AGREE- MENT TO SEPTEMBER 30, 1982. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement (copy attached) on file in the Office of the City Clerk of the City of San Luis Obispo and incorporated herein by reference, between the City of San Luis Obispo and Bobby Kober for extension of Golf Professional Agreement to September 30, 1982, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of the resolution to: Bobby Kober, Director of Parks and Recreation, Personnel Director and Finance Director. On motion of Councilman Settle , seconded by Go ,n ;lman Dlmin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 15th day of September 1981. ayor M lanie C. Bi ig Attest: Ci" Clerk 'Pa;ievt Voges R 4618 RESOLUTION NO. 4618 (1981 Series) Page 2 . APPROVED: m G G AMENDMENT EXTENDING AGREEMENT Golf Professional The undersigned parties to the golf professional agreement dated March 16, 1977, as amended and extended through September 30, 1981, between the City of San Luis Obispo and Bobby Kober, a copy of which is on file in the office of the City Clerk, hereby agree as follows: 1. Said agreement shall be extended through September 30, 1982. 2. All other terms and conditions of said agreement as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed on this 151-h day of SPpramher , 1981. Golf,Professional Bobby Kober City of San Luis Obispo RESOLUTION NO. 4617 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 939, CUESTA VALLEY PROPERTIES: SUBDIVIDER BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. This Council made certain findings.concerning Tract 939 as contained in Resolution No. 4307 (1980 Series) and Resolution No. 4428 (1981 Series). SECTION 2. This Council hereby approves modifications to Conditions 3, 5, 6, 7, 8 and 9 as follows: Condition 3 - Modify requirement to extend water main across Highway 101 with tie -in at Hill Street and Lincoln Street and replace main in Lincoln between Broad and Chorro Streets. Condition 5 - Delete. Condition 6 - Modify requirement to extend sewer across Highway 101 by construction of new main in Hill Street (off site). Condition 7 - Delete. Condition 8 - Revised to read "final map shall note that sewage ejectors may be required for Lots 5 - 7." Condition 4 - Modified to add that all approved building sites can be adequately protected by hydrants in Hill Street. SECTION 3. Whereas a set -aside letter in the amount of $370,500.00 is on file to guarantee installation of subdivision improvements including $123,500.00 to guarantee labor and materials. SECTION 4. This Council hereby grants approval of the final map of Tract 939 and authorizes the Mayor to execute the agreement. R 4617 O J On motion of Councilman Dunin , seconded by Councilman Settle. and on the following roll call vote: AYES: Councilmembers Dunin, Settle, Dovey and Mayor Billig NOES: None ABSENT: One. Vacancy the foregoing Resolution was passed and adopted this 15th day of September 1981. ATTEST: v CITY LERK P IA. V ES APPROVED: City Administrative ty ity FAineer A G R E E M E N T THIS AGREEMENT, dated this _15th day of .September by and between Cuesta Valley Properties , herein referred to as "Subdivider ", and the CITY OF SAN LUIS OBISPO, herein referred to as the "City ". WITNESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final map of Tract 939, Hill Street Subdivision, City of San Luis Obispo, California, as approved by the City Council, on the _15th day of September , 1981 . WHEREAS, the Subdivider desires that said Tract 939 be accepted and approved as a final map pursuant to the Subdivision Regu lations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agrees to install the street improvements and utility lines and facilities as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct.and install the following subdivision improvements in accordance with said subdivision ordinances and regula- tions, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: CURBS, GUTTERS and SIDEWALKS STREET BASE and SURFACING WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. DRAINAGE STRUCTURES ORNAMENTAL METAL ELECTROLIERS 0 ELECTRIC, GAS, TELEPHONE and CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon reque3t. i. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. !;✓ All the above facilities shall be installed in the locations designated. - and to the plans and specifications on file and approved by said City ;. Engineer. The lines and grades for all of said improvements shall be estab- lished by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improve- ments shall begin within thirty (30) days from the date of recording r.f the final 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 by acts of God or strikes, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. The subdivider does also agree to comply with the following condi- tions established by the Planning Commission and /or the City Council. f� ✓• 1. The Subdivider shall pay water acreage fees of $9820.00 (8.45 AC x $1160 /AC). 2. The Subdivider shall pay grading permit fees of $165.80 (this fee is included in inspection fees and shall be considered a normal subdivision inspection fee). 3. The Subdivider shall pay park -in -lieu fees of $6,820.00. 4. Subdivider shall deposit $400.00 to assure monumentation of the subdivision. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 5. The Subdivider shall be responsible for revegetation, slope and erosion control for a period of two (2) years from final acceptance of this suo- division, in accordance with the approved grading plan. 6. The Subdivider shall obtain an offer of dedication to the benefit of the City of San Luis Obispo of a Forty foot (40 ft.) right- of- way'for the extension of Hill Street from Lincoln Avenue to the boundary of Tract 939. 7. Subdivider agrees to deposit $11,600.00 with the City prior to acceptance of the subdivision improvements in lieu of planting 40 street trees and prior to release of "set - aside "funds. 16f6 I 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— 7 -14-81 s The Subdivider hereby attaches hereto, and as an integral 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 /set -aside letter) is: in the amount of $187,600.OQ,and which is in the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Section 11612.1 (c) of the Business and Professions Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic or progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. 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 of his surety. The Subdivider agrees to deposit with the City a labor and material eet =aside letter in the amount of 50 %,of.the. above; "described subdivision improvements in accordance with State law. 'S pl Said Subdivider shall deposit with the City the sum of $4,785.80 �✓ (including grading permit fees of $165.80) from which deposit.the City will pay the salary and expenses of an • S,;__ —3— 0 0 inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $4,785.80, the difference is to be paid by the Subdivider. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. Article 9, Chapter I of the San Luis Obispo Municipal Code, entitled "Subdivision" — All plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. It is understood and agreed by and between the Parties hereto that this agreemente 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. 1N WITNESS WHEREOF, this agreement has been executed by: /S day of S 7er Py 19P "� ' �`2'�(L•� Approved as to form: CG1�5rA v�u -Ef� PiPaPE�'r��s .�4 71Y4f/ �/ Ja F/�C�lCff City Attorney Vbk'Jider day of JtiV 19_ V/1 • v Mayor M anie C. Billig Attest: zzz r City Engloeer City Clerk tomela Voges -4- S --)TAT I- 75 SANTA ROSA SAN LUIS OBISPO. CA. 93401 (805) 544 -7070 September 1, 1981 City of San Luis Obispo City Hall San Luis Obispo, Ca. 93401 RE: Tract No. 939, City of San Luis Obispo Gentlemen: Cuesta Valley Properties have undertaken the development of real property in the City of San Luis Obispo (here -in -after referred to as City), designated as Tract No. 939, whereby they are obligated to complete to the satisfaction of said City all the improvement work, as described in a subdivision improvement agreement approved by the San Luis Obispo City Council, required in Tract No. 939, and is required to pro- vide security (1) in the amount of 100 per cent of the esti- mated total cost of the improvements so that the improvements shall be constructed and (2) in the amount of 50 per cent of the estimated total cost of improvements that Cuesta Valley Properties, as developers, contractors, subcontractors, and persons furnishing labor, materials or equipment to them for the improvements shall be paid; both forms of security as more particularly described in California Government Code Section 66499- 66499:3. Mid -State Bank pledges that it has on deposit the total amount of $370,500.00 to secure construction of improvements and pay- ment of laborers and material men, as described above. In the event of failure of developer to complete improvements to the satisfaction of said City, Mid -State Bank guarantees payment to City on demand of up to $247,000.00 for completion of improvement construction. In the event of failure of Cuesta Valley Properties to pay con- tractors, subcontractors, and material men, as more particularly described above, Mid -State Bank guarantees to said City on demand up to $123,500.00 for payment in turn to those who have not been paid by Cuesta Valley Properties. Independent and Dependable _ _}, Any of said funds remaining on deposit after final acceptance of the improvements and after satisfaction of all contractors, etc., may be returned to the developer. Mid -State Bank BY: Charles E. Fruit Assistant Manager & Corporation Officer CEF:ca Accepted and Agreed to: Cues L ll 2 r erties BY: y Dated: / Edison A. French City of San Luis Obispo BY: /' 0� Dated: .l ; ,Title Independent and Dependable Redording requested by and When recorded, return to: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 ORIGINAL IRREVOCABLE & PERPETUAL OFFER TO DEDICATE AP# 1- 181 -22 THIS OFFER TO DEDICATE, made the 2..� ( day o , 19ewl, by RAY B. BUNNELL, a married man, as nd his sole separate property, of the County of-San Luis Obispo, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the public, an easement for public road purposes, which offer may be accepted at any time by any governmental entity which has the power to establish, construct, and maintain roads, NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said-Offeror is the fee title owner of the property described below. 2. That said Offeror does hereby irrevocably and in perpetuity offer to dedicate to the City of San Luis Obispo, a municipal corporation, a public.right -of -way for road purposes and incidental uses upon the following described property: An easement for public street, public utilities, sewer lines and incidental purposes over that portion of the Northeast quarter of the - Southeast quarter of Section 27, Township 30 South, Range 12 East, Mount Diablo Meridian, in the city of San Luis Obispo, county of San Luis Obispo, state of California, according to the official plat thereof, described as follows: Beginning at the most westerly corner of the land described in the deed to Ray B. Bunnell, recorded October 31, 1973 in Book 1751 page 248 of'Official Records, in the office of the county recorder of said county; thence along.the south- westerly line of the land described in said deed, South 340 51' 26" East 355:14 feet to the southerly line of the North- east quarter of the Southeast quarter of Section 27; thence along said southerly line, South 890 49' 36 East 48.84 feet to a line that is parallel with and distant northeasterly 40.00 feet, measured at right angles from said southwesterly line; thence along said parallel line, North 34" 51' 26" West A 0 to the Southeasterly line of Lincoln Avenue, 50 feet wide; thence along said southeasterly line, South 51° 10' 00" West 40.00 feet to the point of beginning. 3. That until such time as the above offer of dedication is accepted by such a government entity, all owners of property contiguous to the above described road parcel shall have the right to the.use of said road parcel as a private road. 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that such a government entity may, at any time in the future, accept said offer of dedication of the public right -of -way. 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. (In diiidual) STATE OF CALIFORNIA l P COUNTY OF Saa Ly;.5 Q Y SS. On —/ I befor e, &In undersig d, a Notary Public in and for said State, personally peare W W W W J known IO me IL to he the person whose name_�'S s �cnbed a to the within instr ment and acknowledged that executed the same. arrtnA«Y WITNESS my 1 nd and offi ial s ^� KATHY L M4.STEN NOMAW qU��A fRtNpPAI Of:ICE N Signature So WiS OBISPO COUMV OonMniyian EtRMby Feb. a. ION t- Na (Type or rioted) (This area for official notarial scan • RESOLUTION NO. 4616 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR MINOR SUBDIVISION 79 -162 LOCATED AT 531 LUNETA DRIVE WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final maps and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW; THEREFORE, the City Council resolves as follows: Section 1. That Minor Subdivision 79 -162 is granted a twelve -month time extension to September 18, 1982, subject to original tentative parcel map conditions as specified in City Council Resolution No. 4317 attached hereto. On motion of Councilman Dunin seconded by .Councilwoman Dove; and on the following roll call vote: AYES: Councilmembers.Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing resolution was passed and adopted this 15th day of September. , 1981. ATTEST: 111ra City Clerk Pamela V M yor M anie C. Billig "Kill- i Resolution No. 46161981 Series) Minor Subdivision 79 -162 Page 2 APPROVED City Administrative Y City Attorney Community Development Director Jo��� Ua -yes RESOLUTION NO.4317(1980 Series) A RESOLUTION OF THE CITY OF SPN LUIS OBISPO CITY COUNCIL APPROVING A TWELVE -MONTH TIME EXTENSION FOR MINOR SUBDIVISION 79 -162 WHEREAS the subdivider requests a twelve month time extension to recei.vc approval of his final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the Planning Commission further finds that the subdivi.sinn design should be modified as requested by the subdi.vider: WHEREAS the City Council concurs with the Planning Commission findings; NOW THEREFORE the City Council resolves as follows: SECTION 1. That Minor Subdivision 79 -162 is granted a twelve -month time extension to September 18, 1981, subject to revised tentative naD design, original tentative map conditions as specified in City Council Resolution No. 3953 (1979 Series) attached hereto and revised variances as follows: 1. Subdivision variances are hereby granted as follows based on findings below: Lot 1: 85 -foot average depth where 102 feet is required. Lot 2: 73 -foot average depth where 90 feet is required. A. This variance does not constitute a grant of special privilege in- consistent with the limitations upon other properties in the same vicinity because of unique site characteristics. B. Because of unique dimensional characteristics of this property, and the presence of, and desire to save, mature scenic trees., the strict literal application of this ordinance would deprive the subject property of privileges generally enjoyed by other properties in the vicinity. C. The grant of this variance carries out the spirit and intent of this subdivision ordi.nzim:e to provide usable .Lots in character with prevailing density ,nn,i design of the nei.ghborhood. On :notion of Counc i.] woman BiIIit; seconded by Councilman Dun hi 4317 Resolution No MS 79 -162 Page 2 43. x980 Series) and on the following roll call vote: AYES: Councilmembers Billig, Dunin, Bond, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and ad 1980. ATTEST: ZOO` _ City erc J. itzpatrick APPROVED: City Admi tr tive ficer City Attorney '•rYt•vJ� � \�� Community Divelopmen dmirector d this 18th day of November , R." RESOLUTION N0. 4615 (1981 Series)' A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR MINOR SUBDIVISION 79 -153 LOCATED AT 3261 SOUTH HIGUERA STREET WHEREAS the subdivider requests a twelve -month time extension to receive approval of his final map; and WHEREAS the Planning Commission found that the request for time extension is justified, and recommends approval; and WHEREAS the City Council concurs with the Planning Commission findings; NOW, THEREFORE, the City Council resolves as follows: Section 1. That Minor Subdivision 79 -153 is granted a twelve -month time extension to September 18, 1982, subject to original tentative parcel map conditions as specified in City Council Resolution No. 3957 attached hereto. On motion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing resolution was passed and adopted this 15th day of September , 1981. ATTEST: �5 City.,Clerk p elaoges ayor lanie C. Billig R 4615 U Resolution No. 4615(1981 Series) Minor Subdivision 79 -153 Page 2 APP City AdministrativeyOfficer A� U City Attorney s& Community Development Director �'--ECrSo � .. !u�� �n�e�• RESOLUTION NO. 3957 (1979 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 79 -153, LOCATED AT 3261 SOUTH HIGUERA BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That this Council, after consideration of the tentative map of Minor Subdivision No. 79 -153 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2.. The site is physically suited for the proposed type and density of development which is permitted by the C -H -S zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public 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 -153 be subject to the following conditions: 1. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 2. Subdivider shall install street trees across the South Higuera Street and Margarita Avenue frontages to the approval of the Public Services Department. Existing trees shall be given credit, if to city standards. 3. Subdivider shall install handicap ramp at corner to the approval of the Public Services Department. 4... Each parcel shall be served with individual utility services to the satisfaction of the City Engineer. 5.. Subdivider shall pay water and sewer fees as determined by the City Engineer prior to final map approval. 6. Final map shall contain a note that vehicular access to parcels from South Higuera Street shall be limited to one driveway.per parcel. 7. Subdivider shall prepare and submit: for approval of the City Engineer, a drainage plan prior to final map approval.. S. Final map shall show all easement:; on the site to the approval. of the City Engineer. R 3957 Resolution No. 3957 (1979 Series) Minor Subdivision 79 -153 Page 2 On motion of Councilman Jorgensen seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Jorgensen, Dunin, Billig, Bond and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted tI' 18th day of September , 1979. // _ 'I, . ATTEST: Ci erk J.H. Fitzpatrick APPROVED: IX City Administrati Officer City Attorney Community Development Director r Lynn R. Cooper ' O RESOLUTION NO. 4614 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPOINTING ROBERT GRIFFIN TO THE OFFICE OF COUNCIL MEMBER OF THE CITY OF SAN LUIS OBISPO, TO FILL THE VACANCY CREATED BY THE AUGUST 18, 1981, RESIGNATION OF FORMER COUNCIL MEMBER ALAN BOND WHEREAS, Alan Bond was duly elected to the Office of Council. Member of the City of San Luis Obispo at the March 1979 regular municipal election; and WHEREAS, effective August 18, 1981, Alan Bond has resigned his office as Council Member of the City of San Luis Obispo; and WHEREAS, six cualified City residents have applied to this Council for appointment to the Office of Council Member to fill the vacancy created by Alan Bond's resignation for the balance of Alan Bond's unexpired term -- to December 1, 1983 -- under the terms of City of San Luis Obispo Charter Section 406; and WHEREAS, this Council has considered and reviewed the six applicants; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The Council hereby appoints Robert Griffin to the office of Council Member of the City of San Luis Obispo, to fill the vacancy created by Alan Bond's above- described resignation, for the remainer of Mr. Bond's unexpired term, to wit, until noon, December 1, 1983. SECTION 2. This appointment shall become effective at noon, September 16, 1981, without necessity of any further action or proceedings. On motion of Councilwoman Dovey , seconded by Councilman Settle and on the fol- lowing roll call vote: AYES: Councilmembers Dovey, Settle, Dunin and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 15th day of Septembers 1981. R 4614 Resolution No. 4614 (1981 Series) Attest: City/ Jerk Pamela Vgeg Approved: City Attorney U I Mayor elanie C. Billig EPZ . A ��, �-�1 �� RESOLUTION NO. 4613 (1981 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: SANTA MARIA - SANTA YNEZ CITY PLAN NO: E -51 WATERLINE IMPROVEMENT PROJECT ESTIMATE: $47,232.00 BUDGET ACCOUNT: 40- 6362 -716 (E -51) BIDDER: Fred Julien & Associates SECTION 2. That the City Clerk is documents for signature by the successful On motion of Councilman Setrla and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Sett NOES: None ABSENT: One Vacancy BID AMOUNT: $33;741.25 directed to prepare the appropriate bidder and the Mayor. seconded by .o un i lman Dunin s :le and Mayor Billig the foregoing Resolution was passed and adopted this 15th day of September , 19 8L C. ATTEST: G-- fiffdawpm IF CITY CLERK ANEL OGES PVaJ:Z40WIN R 4613 � -c, LoA� O O ,UU �Cv\, L 0 RESOLUTION NO. 4612 (1981 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: PARKING LOTS RESURFACING AND CITY PLAN NO: E -35, E -36 & E -37 FIRE STATION NO. 2 PARKING LOT RECONSTRUCTION ESTIMATE: $49,098.00 BUDGET ACCOUNT: E -35 - 20- 5071 -E35 21,692.1 E -36 - 51- 6863 -000 2,680:4 E -37 7 40- 4163 -E37 11,653.'_ BIDDER: Fred Julien & Associates BID AMOUNT: $36,026.55 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 15th day Of prember , 19 81. YOR L IE C. BILLIG ATTEST: v CITY ERK P LA.V P9 APPROVED: R 4612 r �1�- 5�i�.e� ., �,'. . RESOLUTION NO. 4611 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND ROBERT I. CORCORAN, AS BUSINESS IMPROVEMENT AREA ADMINISTRATOR THROUGH JUNE 30, 1982. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Robert I. Corcoran, entitled Amendment -To Contract Extension for Part -Time Business Improvement Area Administrator, is hereby amended to increase salary from $1,000 per month to $1,167 per month and rent and utilities from $1,800 per year to $2,400 per year retroactively to July 1, 1981 through June 30, 1982, is hereby approved the the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Robert I. Corcoran, the city Finance Director and the Chairman of the BIA. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT: One Vacancy the foregoing Resolution was passed and adopted this 15th day of September_ 1 1981. ATTEST: '�44 , 1,44 (7 CITY/, CLERK p� VOGES R 4611 Resolution No. 4611(1981 Series) Approved: City Administrative ggicer LN Exhibit A G AMENDMENT TO CONTRACT EXTENSION FOR PART -TIME BUSINESS IMPROVEMENT AREA ADMINISTRATOR Dated: September 15,.1981 The undersigned parties to the Business Improvement Area Administrator Employment Contract dated July 1, 1976, hereby agree that the conditions of said contract are amended as follows: Effective July 1, 1981, the monthly salary of the part -time Administrator Robert'I. Corcoran shall be $1,167.00 per month for the length of the contract extension, through June 30, 1982. Rent and utilities payable under the contract will be $2,400.00 per year. All other terms and conditions of said contract shall remain in full force and effect. The contract amendment dated August 5, 1980, hereby is superceded. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed. ATTEST: " z � 2, /;; i City.,Clerk parcel V ges ADMINISTRATOR Robert I. Corcoran CITY OF SAN LUIS OBISPO s 0 0 RESOLUTION N0. 4610 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND CAROL OSBORNE FOR A CLASSIFICATION STUDY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain letter agreement, attached hereto marked Exhibit "A" and incorporated herein by reference between the:octy of San Luis Obispo and Carol Osborne is hereby approved and the Mayor is authorized to execute same. SECTION 2. The city clerk shall furnish a copy of this resolution and a copy of the executed agreement to: Carol Osborne; City Finance Director; City Personnel Director; and City Administrative Officer. On motion of Councilman Settle seconded by Councilman Dunin , and on the following roll call voter AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES : None ABSENT: One Vacancy the foregoing Resolution was passed and adopted thisl5th day: of September 1981 MAY R IE C. BILLIG ATTEST: CITY CLERK AME VOGES Appro e City AdministraX&ve Offices ity Personnel Director.. 0 R 4610 �'. DSba <vZ� ����y • O F�1� ��� �a��e I INI OEXHIBIT A O city ®f san Us oBis o PERSONNEL DEPARTMENT 990 Palm Street — Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 August 27, 1981 Carol.Osborne 801 E. Elizabeth Ft. Collins, Colorado Dear Carol: This letter will confirm our agreement that you will be performing a classification study on the labor and trades and clerical classes for the Personnel Department of the City of San Luis Obispo. Your compensation will be $25.00 per hour with total hours to be worked not to exceed 200 hours. Additionally, you will receive $800.00 for expenses for the total period. You will be acting as a free and independent contractor, not a City employee. As such, you will not accrue, be compensated for or be eligible for vacation leave, sick leave, unemployment insurance, workers' compensation, medical or other insurance, or other benefits normally offered by the City. This agreement is effective as of the date of this letter and will terminate on November 30, 1981, provided, that you or the City may terminate it at anytime before that date by giving twenty days written notice to the other party. .The City will provide office space, supplies and secretarial services. As we discussed, I expect you will be working part -time between September 18th and September 28th and full -time between September 28th and November 1, 1981,. All work done between September 28th and November 1, 1981 will be conducted within the City of San Luis Obispo. By close of work on Friday of each week during which you perform services under this agreement you should submit a statement of services and hours for that week. You will be paid on the regular cycle for contract and other billing payments - twice a month. If you are in agreement with these terms, please sign on the line provided below. I'm looking forward to working with you. Very truly yours, �,� Ann C. McKibbin Personnel Director -. Carol Osborne RESOLUTION NO. 4609 (1981 Series) A RESOLUTION OF INTENTION TO ABANDON LELAND TERRACE AND BUENA VISTA STREET NORTH OF HASKIN AVENUE ON THE SOUTHWEST FACE OF TERRACE HILL. F BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon Leland Terrace and Buena Vista Street as shown on the map marked "Exhibit A" attached hereto and incorporated herein by such reference, pursuant to Division 9, Part 3, Chapter 2 of the Streets and Highways Code. SECTION 2. Copies of the map and agreement showing the particulars of the proposed abandonment are also on file in the office of the City Clerk. SECTION 3. Tuesday, October 6, 1981, at 7:05 p.m., in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full, at least three (3) days before the public hearing on the proposed abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment along portions of the streets proposed to be abandoned at least ten (10) days before the date set for hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The proceeding to be taken will be subject to reservation by the city of public easements for utilities, sewer, water, drainage and any other easements as may be required by the City Council at time of final abandon- ment. R 4609 C � Resolution No. 4609 (1981 Series) Page 2 On motion of Councilman . Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Dovey and Mayor Billig NOES: None ABSENT.: One Vacancy the foregoing resolution was passed and adopted this 15th day of September 1981. Y r tMelailie. Billig ATTEST: City Clerk pamela V ges APPROVED: 1. e . 1 4 Acting City Attorney Officer Community D e t Director H I> r` Z I� O A O O U O O 0 R HELENA ST. 600 4 ti ,t � 71I r Z Do r77 MIT A (I Iv r-� 1 i 1 / •r ray 1p atc y ,C-1S I� •. C- a' f •. C- a' RESOLUTION NO. 4608(1981 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING TRAVEL REIMBURSEMENTS.AND AUTHORIZING PROCUREMENT OF CITY CREDIT CARDS. WHEREAS, the City of San Luis Obispo reimburses the elected officials and employees for travel costs incurred by them in the course of their official duties; and WHEREAS, the City has adopted a policy regarding reimbursement for official travel, more specifically known as "Travel Guidelines of the City of San Luis Obispo" passed and adopted by the City Council on May 10, 1976; and WHEREAS, the City desires to increase the amount of the reimbursement in order to cover the increased cost of travel. BE IT RESOLVED, that the Travel Guidelines of the City of San Luis Obispo are hereby revised and amended as follows: A. Per diem for meals and miscellaneous expenses - $28.00 as follows: I. $4.00 breakfast II. $7.00 lunch III. $12.00 dinner IV. $5.00 miscellaneous expenses B. Alternative per diem for meals and miscellaneous expenses to be authorized by the City Administrative Officer, when in his discretion such rates are required to reimburse travel costs incurred for official business - $44.00 per diem as follows: I. $6.00 breakfast II. $9.00 lunch III. $16.00 dinner IV. $13.00 miscellaneous expenses R 4608 I I t Resolution No. 4608 (1J Series) O Page 2 C. The City shall reimburse the employee or elected official for use of his /her private automobile for purposes of official travel at the rate of 23C per mile. The use of private automobiles for official travel shall be approved by the City Administrative Officer. No reimbursement shall be paid for the use of a private automobile, the use of which is not authorized by the City Administrative Officer. D. Lodging - the City shall reimburse employees and elected officials for the cost of any lodging which is required of said official or employee in the course of their official duties. Such reimbursement shall be sufficient to pay the actual cost of a single room plus any applicable taxes for any employee or elected official traveling for the purposes of city business. The City Administrative Officer may authorize funds sufficient to cover the cost of a double room where the elected official or the employee is attending a conference where said official's or employee's spouse is expected to attend. Provided, however, that the City shall pay the full cost of a double room for both elected officials and employees attending the annual League of California Cities Conference. cards: E. The City Clerk's Office shall be directed to procure the following credit 1. One AVIS credit card to be used for reserving car rentals and for payment of all charges incurred for the rental of automobiles. 2. Five Master Charge cards in the name of each council member and the Mayor, to be used for charging hotel accommodations. Such cards shall not be used for any purpose other than payment of the actual cost of the hotel room and any applicable taxes. Actual cost of the hotel room shall be determined from the hotel receipt which shall be delivered to the City Clerk's Office by the city official making use of the Master Charge card. . Resolution No. 4608 (Jl Series) Page 3 On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle and Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey and One Vacancy the foregoing Resolution was adopted this 1st day of September 1981. ATTEST: City Jerk Pamela V ges Approved: Director of Finance City Attorney Administrative Officer �I� �Ra�Y �E`t1 � s �-� ��� (`no c , �'�t �,� 7 0 0 � � RESOLUTION NO. 4607 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE BYLAWS OF THE CITIZENS' ADVISORY COMMITTEE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the bylaws of the Citizens' Advisory Committee attached hereto marked Exhibit "A" and incorporated herein by reference are hereby adopted and ratified. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the bylaws to the chairman of the Citizens' Advisory Committee. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle and Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey and One Vacancy the foregoing Resolution was passed and adopted this 1st day of September, 1981. ATTEST: City Perk Pamela Vog 7 City City R 4607 �l EXHIBIT A • CITIZENS ADVISORY COMMITTEE BYLAWS SAN LUIS OBISPO, CALIFORNIA ARTICLE I - PURPOSE 1. The Citizens Advisory Committee, whose members are appointed by the City Council and announced by the Mayor of San Luis Obispo, serves as a link between the private citizen and the City Council, and provides a means for private citizens to inform and advise the City Council. 2. The functions of the Committee include but are not limited to the following: A. To utilize the skills, knowledge, and experience of its members and organizations or groups they represent to assist and advise the City Council on programs relating to growth, development, improvement, services and environ- ment of the community. B. To keep the public informed about such programs. C. To advise the City Council on other matters as may be brought to the attention of the Committee by its members, the public, or requested by the City Council. ARTICLE II - MEMBERSHIP 1. The Committee consists of thirteen (13) members selected from the registered City voters representative of broad community interests and areas.._ Members of the City Council and the City staff are not eligible for membership. 2. Members shall serve for two (2) years unless such appointment is to fill an unexpired term; the appointment shall then be for the unexpired term only. Members may be reappointed for not more than four (4) consecutive full terms (eight years). Appointment to a partial term of office following an unscheduled vacancy shall not preclude the appointee from serving four consecutive full.terms following the completion of the partial term, provided that the partial term served is less than one year. ARTICLE III - CONDUCT OF BUSINESS 1. The majority of Committee members, excluding alternate members, shall constitute a quorum and a quorum shall be necessary to transact any official Committee business. 2. Committee meetings shall adhere, in principle, to the provisions of Roberts' Rules of Order (Revised). 3.. Each voting member shall be entitled to one vote on matters brought to a vote during Committee meetings provided a quorum is present. U ARTICLE IV - ELECTION OF OFFICERS 1. The officers of the Committee shall consist of a Chair and a Vice Chair. The Committee shall elect a.secretary. 2. Officers shall be nominated by a nominating committee of three (3) members appointed by the Chair. Additional nominations may be made.by any voting member after the Nominating Committee has reported. 3. Officers elected serve for one (1) year commencing immediately upon election, or until successors have been elected. 4. Officers shall be elected annually in April. 5. No person shall serve in the office of Chair or Vice Chiar for more than two (2) consecutive terms (two consecutive years). 6. Election to a partial term of office as Chair or Vice Chair shall not preclude a person from serving two consecutive full terms as Chair or Vice Chair following completion of the partial term provided that the partial term served is less than six (6) months. 7. The committee shall elect a secretary who shall serve for a term of one (1) year, and may be re- elected for additional terms. ARTICLE VI - DUTIES OF OFFICERS 1. The Chair shall: A. Preside at Committee meetings and may vote on all matters brought before the Committee. B. Appoint all subcommittees. C. Call special meetings. D. Prepare agendas and conduct all Committee meetings in an orderly manner. E. Submit an annual report to the Committee for approval. F. Perform other duties as necessary. 2. The Vice Chair shall perform the aforementioned duties in the absence of the Chair, and perform other duties as assigned by the Chair. 3. The Secretary shall: A. Keep accurate records of all Committee proceedings. B. Issue all necessary notices, copies of agendas, minutes and Committee correspondence under the direction of the Chair. C. Compile reports and perform other duties as assigned by the Chair. ARTICLE VI - MEETINGS 1. Regular Committee meetings shall be scheduled by the Committee. The frequency, time, and location of the Committee meetings may be changed by a simple majority vote..of the Committee. -2- • 2. Special meetings may be called by the Chair upon written or verbal notice to all members at least twenty -four (24) hours prior to the meeting. 3. All Committee meetings are open to the public. ARTICLE. VII - MEMBERS' ATTENDANCE AND VACANCIES 1. Members' regular attendance at Committee meetings is expected. Alternate members are urged to participate. Members may be excused from attendance upon notice to a Committee member, preferably an officer, prior to the meeting. 2. Any member missing a total of five (5) meetings without advance notice or two (2) consecutive meetings without advance notice over a period of one (1) year shall be reminded in writing quoting the following section. 3. Any member missing a total of six (6) meetings without advance notice or three (3) consecutive meetings without advance notice over a period of one (1) year shall be removed from the Committee by the Council. The Committee shall request the City Council to fill the vacancy as soon as possible and inform the member involved. 4. The Committee by simply majority vote may grant, for good cause, a leave of absence to any member for a reasonable period of time upon request. ARTICLE VIII - AMENDMENTS TO BYLAWS These bylaws shall be amended only in accordance with the following procedure unless a simple majority is stipulated such as ARTICLE VI, Section 1.: A: All voting and non - voting members shall receive a copy of the proposed amendments to these bylaws with the agenda of the meeting of the first reading. B. Bylaw amendments shall be read at two (2) consecutive regular meetings. Voting may take place at the meeting of the second. reading. C. A two- thirds majority of all members at a regular scheduled meeting shall be required to adopt any amendments to these .:bylaws provided other requirements:.:of :this Article have been. complied with. -3- r r RESOLUTION NO. 4606 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING AN AGREEMENT BETWEEN THE CITY AND ENGINEERING- SCIENCE, INC. 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 Engineering- Science, Inc. is hereby amended to include Penstock Design in accordance with letter of May 11, 1981. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Engineering- Science, Inc., City's Finance Director, City's Director of Public Services. On motion of Councilman Dunin seconded by Mayor Billig , and on the following roll call vote: AYES: Councilman Dunin, Mayor Billig, and Councilman Settle NOES: None ABSENT: Councilwoman Dovey and One Vacancy the foregoing Resolution was passed and adopted this lstday of September 1981. ATTEST: R 4606 Resolution No. 4600"" APPROVED: City Administrative Officer Alvffi-x-w�- City Attorney Director of Public Services Dire o nance (1981 Series) 0 EXHIBIT A 3 1700 EAST DYER ROAD • SANTA ANA, CALIFORNIA 92705 • 714/754 -7794 11 May 1981 r Mr. Robert Mote Utilities Engineer City Hall 990 Palm Street San Luis Obispo, Ca. 93406 Subject: Hydroelectric Plant Penstock Design Dear Bob: As requested by the City, Engineering Science is pleased to sub - mitted this proposal to provide engineering services for the design and engineering services for the design and construction of the 24 inch diameter water supply pipeline and penstock for the Salinas Hydroelectric Power Plant. We have developed a scope of work which is divided into two phases: (1) design phase and (2) construction phase. The design phase would in- clude the preparation of plans and specifications for the construction of the 24 inch pipeline from the Army Pipeline to the new hydroplant at the site of the old Water Treatment Plant No. 1. The work items include the design of approximately 4500 feet of 24 inch pipeline, connection to the Army Pipeline, one - railroad crossing (jacked casing), two- concrete pier pipe bridges, piping connection to the new hydro plant and existing pipe- line to the Water Treatment Plant No. 2, and a final construction cost estimate. We propose to use the topography and survey data shown on the plans for the existing 12 inch pipeline. Any additional survey or soils information, required for design, will be prepared by the City. We have estimated that this design phase can be accomplished in about three months at an estimated cost of $34,000 if the services are provided within the next 6 months. The construction phase services would consist of shop drawing review and periodic trips to the construction site (6 -man trips) during an estimated six month construction period. We have assumed that the City would administer the bidding process and provide daily field inspection We have estimated the cost of engineering services during construction to (cont'd) OFFICES IN PRINCIPAL CITIES ENGINEERING - SCIENCE 12 May 1981 Mr. Robert Mote City Hall San Luis Obispo, Ca. (page two) 0 be $12,000 if the services are provided within the next 12 months. We hope this proposal is satisfactory to the City. Bob, if you wish to discuss the scope of work or cost estimates, please contact me.. Sincerely, V C"4 44 David MacDonald Office Manager Gordon Magnuson Senior Vice President DM /nb A G R E E M E N T THIS AGREEMENT, made and entered into this 16th day of September, 1980, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, (hereinafter referred to as "CITY ") and ENGINEERING SCIENCE, INC., a California corporation, (hereinafter referred to as "ES") WITIESSETH WHEREAS, City has caused the preparation of the report entitled "FEASIBILITY STUDY FOR SMALL HYDROELECTRIC FACILITY "; and WHEREAS, City owns, operates and maintains the 12 -inch supply line from the Salinas Conduit;. and WHEREAS, City intends to utilize the water pressure available at said supply line to generate power for sale to the Pacific Gas and Electric Company, as described in the above mentioned report and hereinafter sometimes referred to as "Project "; and WHEREAS, ES has represented to the City that it has available adequate personnel who are particularly qualified by reason of education, experience and professional reputation to perform the necessary investigations, design and engineering services required to assist the City in implementation of the Project; NOW, THEREFORE, it is mutually agreed and understood between the parties as follows: 1. EMPLOYMENT The City hereby employs ES, as an independent contractor, to furnish the• services included in this Agreement upon the terms and conditions set forth below, and ES hereby accepts such employment. 2. SERVICES TO BE PERFORMED ES shall perform the engineering services hereinafter enumerated for the installation of a hydroelectric power plant near the,site of Water Plant No. 1. ES shall perform the following Work Tasks: A. Design Phase Service B. Construction Phase Services C. Operations and Maintenance Manual D. Assist City in Power Purchase Contract Negotiation with Pacific Gas and Electric Company. E. Assist City in preparing Federal Energy Regulato.ry:r Commission (FERC) documentation. A detailed description of the Project and the scope of work for each Work Task is set forth in Exhibit A attached hereto and incorporated herein by reference. 3. ADDITIONAL SERVICES Upon written notice from City, ES shall perform such additional services not set forth in Exhibit A that City deems necessary for the completion of the Project. The specific additional services to be performed, the time of completion and ES' compensation therefore, shall be mutually agreed between ES and City set forth in a letter from City to ES authorizing each specific additional service. 4. TIME PERIOD Performance of the services as outlined in Section 2 , Services to be Performed, shall be accomplished within the time periods indicated below: A. Design Phase Service ES shall commence performance of the Design Phase Service immediately upon the notice of the execution of this Agreement and complete performance of this task within 180 calendar days thereafter. B. Construction Phase Services ES shall provide Construction Phase Services in accordance with the field construction schedule agreed upon between ES and City at the completion of the Design Phase Services. Fee estimate is based on an assumed construction period of 360 days. C. Operations and Maintenance Manual A draft Operations and Maintenance Manual will be prepared by ES within sixty (60) days following Design Phase Services and will be finalized within one- hundred- -2- 1� eighty (180) days following plant startup. D. Assist City_in Power Purchase Contract neogitation with Pacific Gas and Electric Company ES shall commence performance of this task upon authorization of the City and shall pursue the work at the direction of the-City. E. Assist City in preparing FERC documents ES shall commence performance of this task upon the notice of the execution of this Agreement and shall pursue the work as. required by the FERC Guidelines. 5. PAYMENT FOR SERVICES A. Determination of- _Compensation The compensation by City to ES for services described in Sections 2 and 3 of this Agreement shall be on a cost plus fixed fee basis with an estimated total compensation that will not be exceeded without express written authorization by the City. Total compensation is the sum of: (1) Direct Salaries; (2) ES' Overhead Cost; (3) Direct Non - Salary Expenses, and (4) A Fixed Fee, as set forth in Exhibit B attached hereto and incorporated herein by reference. (1) Direct Salaries shall be the amount paid by ES to its employees for time directly chargeable to each particular portion of the work, exclusive of costs for fringe benefits and other payroll costs not paid to the employee. (2) Overhead Cost shall be one hundred fifty percent (150 %) of the Direct Salaries as defined above. (3) Direct Non - Salary Expenses shall be all identifiable costs directly chargeable to each particular portion of the work including, but not limited to the following: travel and subsistence expenses; work subcontracted to others; reproduction of plans, specifications, reports and other documents; equipment rental; drafting . and stenographic supplies used in the work. Costs for automobile mileage shall be reimbursed at $0.21 per mile. An administrative fee of 10 percent will be added to _ -3- all subcontracts.. (4) Fixed Fee Payment shall be a fixed amount for interest on invested capital, readiness to serve and profit. The fixed fee shall be fifteen percent (15 %) of the "total estimated cost" of each phase or work element as set forth in Exhibit B and performed by ES and of each additional service performed -by ES pursuant to Paragraph 3 above. (5) Total Estimated Cost is the scan of (1) direct salaries, (2) over- head costs and (3) direct non - salary expenses. (6) Total Compensation for each Work Task performed pursuant to Paragraph 2 and each additional service performed pursuant to Paragraph 3 is the sum ofi. (1) direct salaries, (2) ,overhead costs, (3) direct non- salary expenses, and (4) fixed fee payment. B. Payment of Compensation Compensation shall be billed by ES to City on a monthly basis as costs are incurred and'City shall make payment to ES within thirty (30) days after receipt of invoices except for any billed item(s) or part(s) thereof for which City requires additional substantiation prior to payment; City may defer payment of such item(s) or part(s) thereof until substantiation has been provided by . ES, provided City notifies ES within five (5) days of such need. However, in no event shall City defer payment to ES of any other outstanding billed amount. Invoices shall include the following for each Work Task and each Additional Service: (1) total direct salaries plys overhead,; (2) each general category of direct non- salary expense. The Fixed Fee Payment for each Work Task and Additional Service shallbe billed and due monthly in increments based on the proportion of work completed. C. Total Compensation Ceiling The total compensation to ES for performing all of the services set —4— forth in Exhibit A attached hereto and incorporated herein by reference shall not exceed $. 111,196 unless specifically authorized by City. 6. RECORD PLANS - REPRODUCIBLE DRAWINGS Without charge to City, ES shall furnish City with a reproducible set of all contract documents and plans prepared pursuant to this Agreement and a set of Record Plans reflecting revisions thereto based oncaxrectedprints'furnished by City to ES. The Record Plans shall be prepared on mylar film. 7. SUBCONTRACTS City has entered into this Agreement in order to receive the professional services of ES. Except as listed below, ES will therefore not make an assignment to a third party of a portion of the services required of it under this Agreement which in effect serves to assign responsibility for any of the services required of ES under this Agreement without first obtaining the written consent of City. With City approval, ES may make use of the part -time assistance of other experts possessing unique skills, the utilization of which will in the opinion of ES enhance the quality of its service to City under this Agreement, provided, however, that any such additional assistance, part -time or otherwise, shall be considered employees of ES and the responsibility for which shall rest with ES.- 8. DATA FURNISHED BY CITY For the purpose of aiding ES in performance of its obligations under this Agreement, City shall furnish ES all relevant data in its possession and shall direct its officers, agents, and employees to render all reasonable accuracy of data so furnished, but it shall likewise be the responsibility of ES to apply reasonable caution in its use and interpretation of the data and to promptly advise City of an inaccuracy or suspected inaccuracy in the data furnished. Data furnished by City shall not be released except with the written consent of City. City shall perform or obtain all necessary soils and geological investigations and all surveys and legal descriptions and shall furnish same to ES. -5- 9. CHANGES IN SCOPE OF WORK It is hereby agreed that the scope of work of the Project may be changed as a result of the design work. In the event of such a change, it is agreed that the Scope of Work, time of performance, and compensation will be reviewed for possible revision prior to initiating subsequent phases of the work. In the event of such change, it is agreed that this Agreement will be modified by mutual consent between City and ES. 10. SUPERVISION BY DIRECTOR OF PUBLIC SERVICES Performance by ES under this Agreement shall be done under the general direction of the City's Director of Public Services who will coordinate City's participation in the performance of the work hereunder and who shall be responsible for ensuring that interests of all other departments of the City are represented. 11. ACCOUNTING RECORDS OF THE ENGINEER Accounting records will be kept by ES on a generally recognized accounting basis and will be available for inspection by City or its authorized representative at any reasonable time during this Project and for a period of two (2) years thereafter. 12. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon written notice to the other par tyi�ncythe event of a substantial failure of performance by said other or i f ✓E'/ party, e�E #-t City should deem it necessary or desirable to abandon or indefinitely postpone the prosecution of the Project for which the service described in this Agreement is to be rendered. B. In the event of such termination City shall pay ES as full payment for all services performed and all expenses incurred which to date of Termination complied with the terms and conditions of this Agreement, an amount to be determined based on the methods presented in Section 5 herein. There shall be deducted from such amount, however, all payments theretofore made by City, under this Agreement to ES. 13. OWNERSHIP OF DOCUMENTS -` All completed or incompleted drawings, specifications, estimates and other contract documents prepared by ES pursuant to this Agreement shall become the property of City upon either termination or completion of this Agreement. ES may retain copies of said original documents for their files. City. agrees that documents produced by ES for this contract will not be used for any other work without prior notification to ES. 14. ATTORNEY'S FEES Should either party incur Attorney's fees as a result of a dispute under this Agreement, the prevailing party in any suit to enforce the terms of this Agreement may recover reasonable attorney's fees. 15. INDEPENDEP:T CONTRACTOR The parties intend that ES shall be an independent contractor in performing the services provided by this Agreement. City is interested only in the results to be achieved, and the conduct and control of the work will lie solely with ES. ES is not to be considered an agent or employee of City for any purpose, and the officers, employees and agents of ES are not entitled to any of the benefits that City provides for City employees including worker's compensation insurance. It is understood that. ES is free to contract for similar services to be provided to others while under contract with City. 16. HOLD HAPUMLESS ES agrees to investigate, defend, indemnify and hold harmless•City, their officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expense (including attorney's fees) and causes of action of whatsoever character which the City may incur, sustain or be subjected to on account of loss or damage to property and loss of use thereof and for bodily injury to or death of any persons (including but not limited to property, employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected with the work to be performed under this Agreement which is due to the negligence of ES, its officers, employees and agents (including both. active and passive negligence). '; -7- 17. INSURANCE During the course of this Agreement, ES shall pay for and maintain in full force and effect all insurance required by,any governmental agency having jurisdiction to require particular insurance of ES in connection with or related to the work covered hereby. ES shall further take out and shall furnish satisfactory proof by certificate or otherwise, as may be required, that they have taken out public liability and property damage insurance: Insurance carrier shall be satisfactory to City and insurance shall be in such form as to protect City and its employees against loss from liability imposed by-law from damages on account of bodily injury, including death resulting therefrom, suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this Agreement or any subcontract thereunder, and also to protect City and its employees against loss from liability imposed by law for damage to any property, caused directly or indirectly by the performance or execution of this Agreement, which insurance shall also cover accidents arising out of the use and operation of automobile's, trucks and /or other mobile equipment. All said public liability and property damage insurance: shall be paid for and maintained by ES in full force and effect during the entire period of performance under this Agreement, the amounts of coverage of said insurance shall not be less than the following: Public Liability - $1,000,000 single limit Property Damage - $1,000,000 single limit :lr: Said policies shall have a noncancellation clause providing that thirty (30) days written notice shall be given City prior to such cancellation, and a certificate of such insurance shall be furnished City by direct mail from ES' insurance carr=ier and shall specifically cover any contractual liability incurred hereunder. ES shall further maintain workmen's compensation insurance, including ::_.occupational disease provisions, under the laws of the State of California and employer's -8- general liability insurance for the benefit of its employees and shall require similar insurance to be provided-by its subcontractors. A certificate shall be furnished to City showing compliance with above, if requested. 18. NOTICES Notices provided.forin this Agreement shall be mailed or personally delivered to the parties at the following addresses: A. David MacDonald Engineering- Science, Inc. 17 00 E. Dyer Road Suite 220 Santa Ana, CA 92705 B. J:H. Fitzpatrick City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 19. CAPTIONS Captions to paragraphs are for convenience purposes only and are not part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. ATTEST: CITY J. H. FITZPATRICK mom ENGINEERING- SCIENCE, INC. a California-Corporation By..,�'y�'t'G`�/(� -t/• �/ .Q�/1/I //.r�i.GCct it Title i/LGc° PYGiSI dEZ" CITY OF. LUIS OBISPO, a Mun' i 1 Corpo_zRtiqzb �J ra E X H I B I T A SCOPE OF WORK The scope of work for the development of a hydroelectric power plant described in the.report entitled, "FEASIBILITY STUDY FOR SMALL HYDROELECTRIC FACILITY ", is outlined below. Task A - Design Phase Service . 1.' Preliminary design of future 24 -inch pipeline from the Salinas Conduit. 2. Preparation of plans and specifications for a 500 kw capacity hydroelectric plant including the interconnection to the existing 12 -inch City supply line and the Whale Rock Conduit. 3. Final cost estimate for item A -2 above. Task B - Construction Phase Services - 1. Assist City in securing bids, tabulation and analysis of bid results and furnish recommendations on the award of construction contracts. 2. Assist City in the preparation of formal contract documents for the award of contracts. 3. Provide consultation and advice to City during construction. 4. Prepare elementary sketches and supplementary sketches required to resolve actual field conditions encountered. 5. Check detailed construction drawings and shop and erection drawings submitted by contractors for compliance with design concept. 6. Review and approve laboratory, shop, and mill test reports of materials and equipment. 7. :lake periodic visits to the site to observe the work in progress, and provide appropriate reports to the City. 8. Observe initial operation of the project, or of performance tests required by specifications. ' -' °'' 9. Make a final inspection and report on the completed project. G v Task C - Operations and Maintenance Manual Prepare a manual which outlines and describes the routine maintenance and service requirements of the hydroelectric power generation unit and the emergency and safe procedures. Task D - Assist in Power Purchase Contract negotiations with Pacific Gas and Electric Company Provide technical assistance to the City in preparing and negotiating an agreement with the Pacific Gas and Electric Company to purchase power from the City's hydroelectric plant. Task E - Assist City-in prenaring_FERC documents Prepare necessary documents for the City's submittal to the FERC which will meet the federal licensing requirements. The documentations will include the necessary data to file a request for exemption. This .task will also include an environmental assessment and preparation of a negative declaration in response to the requirements of CEQA and NEPA. y` - P7 O 0 W N N O H O IT C'1 0 N A t-1 H U x W x o cc W R+ z 0 c� cn a yr ow U c O U ww H 44 t? w W H H�cHi� O F O rrr U W W Z 1-4 r r H 1 F, czx. ow z A d x C C our q U O c/7 E W U 1-+ wa tx 6 ur 1- a A C W co Y N F co w o o. o �D w r. (n a , r- CN Cl) �D Cl) rn 001 -• en n %D n Ln I tr) .-a M co 0 0 0 �o m M O` N + O O %D N N N V1 O O 0 O N N O V) O IT C'1 N c0 �o 1/1 M O O O O O 0 0 0 0 0 0 1� -7 Lr) N •--� ._ - Ln N O O O U1 1�- N cn co vi oo r cn � N O O O O O t� -T co N N C% 'Ir m ra i .. to tJ ri G N L U _ 00 cm0 3 :4 -C -li m Iv v F -W w ,L N rn L U m U co M 7 01-1 (D ..i > m cc W -H W 1+ a S4 al A F cn a G 3 41 ro �.0 o G v G O O G +� .G L G C G U 7 U a U O -H U cJ Ul 7 •rl O O C i+ L 14 L U 4-1. C 4J-10 00 aJ co co co co W m m AJ +i m S+ 7 rl 4.J +1. G -H U - U m C 41 C N C U E m o5 co m o a. ro m o z o m w $4 ca U o ¢UaU dw Aj e V d Ki U A W H RESOLUTION NO. 4605(1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 998 LOCATED AT 95 STENNER STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Tract 998 and the Planning Comm'ission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed density of development.. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The proposed subdivision is granted a mitigated negative declaration on environmental impact subject to mitigation measure to implement noise study submitted as part of environmental assessment. SECTION 2. Variance. The following variance to Subdivision Ordinance requirements is hereby approved, based upon the findings below: 1. Reduced Stenner Street cul —de —sac radius from 50 foot property radius and 40 foot curb radius to 46 feet and 40 feet respectively is allowed based on the following: R 4605 r1 U Resolution No. 4605 (1981 Series) Tract 998 Page 2 1. The above variance is granted subject to conditions to assure that adjustments hereby authorized do not constitute a grant of special privilege inconsistent with limitations upon other properties in the same vicinity, in that subdivider is to provide cul -de -sac turn around on an existing street where none is provided with design to provide curb -side parking. 2. There are special circumstances applicable to the subject property, including size, shape, location or surroundings for which the strict, literal application, of the subdivision ordinance is found to deprive the subject and adjacent property of privileges enjoyed by other properties in the vicinity in that a standard cul -de -sac would create greater modifications to existing properties now served by the street. 3. In this particular case, the variance, rather than the sections at issue in the subdivision ordinance, carry out the spirit and intent of the subdivision ordinance in that suitable street width for parking and turn around is provided in minimum space with least effects to existing properties. ' SECTION 3. Conditions of Approval. That the approval of the tentative map for Tract 998 be subject to the following conditions: 1. Subdivider shall grant easement over the common lot area, except under structures, for underground public utilities serving the site to the approval of the City Engineer. 2. Looped waterline shown on the tentative map from Stenner Street through the site to Casa Street shall be an 8 -inch main and be a public main. Said water line shall be provided with easements to the approval of the City Engineer. A note shall be placed on the final map that property owner(s) shall assume responsibility of replacement of special pavement if removal of same is required for city maintenance or 'replacement of water line. 3. Subdivider shall install individual water meters for each unit. Water meters shall be clustered along the on -site public water main and along driveways to the satisfaction of the Public Services Department. 4. On -site .sewer shall be private. 5. Subdivider shall be responsible for complete reconstruction of existing improvements within Stenner Street including pavement, curb, gutter and sidewalks, existing driveway ramps and frontage planting of properties affected by construction of the proposed cul -de -sac. 6. Cul -de -sac at the end of Stenner Street shall have a 46 foot right -of -way radius and a 40 foot curb radius. Resolution No. 4605 (1981 Series) Tract 998 Page 3 r� U 7. Subdivider shall grant to the city a maintenance and drainage easement for the creek along the northeast property line to the satisfaction of the City Engineer.. 8. Subdivider shall clear the creek of debris and obstructive vegetation and improve the creek to accommodate storm waters for a 10 —year frequency storm. Cleaning and improvement of the creek shall be according to a creek improvement plan to be approved by the Community Development Director and Public Services Director. 9. Subdivider shall grant to the city an access easement across the driveway and parking area from Stenner Street to creek to the satisfaction of the City Engineer. 10. Subdivider shall install an approved fire alarm system with manual pull stations for buildings D and E to the satisfaction of the City Fire Marshal. 11. Subdivider shall install a building and unit directory board at the Stenner Street entrance to the project to the approval of the City Fire Marshal and Architectural Review Commission. 12. Subdivider shall install identifying letters or numbers on all buildings and /or units to be clearly visible to the approval of the City Fire Marshal and Architectural Review Commission. 13. Emergency driveway ramp at the end of Stenner Street shall be 12 feet wide. 14. All driveway aisles on site shall be a minimum of 24 feet wide except for entrance driveway aisle which shall be 30 feet wide and shall be free and clear at all times and shall be red curbed and posted with no parking signs, to the approval of the City Fire Marshal and City Engineer. 15. Emergency access lane on —site shall be constructed to support a fire truck, to the approval of the City Engineer. 16. Subdivider shall install on —site private fire hydrants to the approval of the City Fire Marshal and City Engineer. 17. Subdivider shall provide a total of 200 automobile parking spaces to city standards for the project. At least 180 of the spaces shall be on site. The remaining spaces shall be provided in perpetuity on - - --,another site and pedestrian access shall be provided to the approval of th Community. Development Department staff. Resolution No. 4605 (1981 Series) Tract 998 Page 4 18. Subdivider shall number all units in the tract consistent with city approved.addressing plan per attachment 1. 19. Conditions„ covenants and restrictions (CC &R's) shall be approved by the City Attorney and Community Development Director prior to the final map approval. CC &R's shall contain the following provisions: A. Creation of a homeowner's association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including driveways, parking, landscaping, private utilities, private sewer lines, walls and building exteriors and off -site emergency access easement. S. Grant to the City of San Luis Obispo the right to maintain all on -site improvements and emergency access easements if the homeowner's association fails to perform. The city may assess the homeowner's association for expenses incurred for said maintenance. C. No parking on the site except in approved, designated spaces. D. Grant to the City of San Luis Obispo, the right to tow away vehicles on a complaint basis, which are parked in unauthorized places. E. No outdoor storage except in areas approved for such by the Architectural Review Commission. F. No storage of boats, campers, motorhomes, and trailers, nor long -term storage of inoperable vehicles. G. No change in city required provisions of CC &R's without prior City Council approval. 20. Subdivider shall construct 8 foot high noise attenuation wall along east property line as a mitigation measure of environmental impact determination to the approval of Community Development Director. The wall shall be located so as to include landscaping on both sides of the wall. 21. Subdivider shall soundproof the interior of the dwelling units to a 45 db.,- level consistent with the General Plan Noise Element. 22. Subdivider shall comply with all requirements of Architectural Review Commission, prior to city acceptance of the tract. 23. Trees along creek channel shall remain. There shall be no grading within the drop line of trees. Resolution No. 4605 (1981 Series) Tract 998 Page 5 24. Subdivider shall provide solar heating as the principal source of heating for the swimming pool to the approval of the Architectural Review Commission. 25. Subdivider shall construct a bypass sewer from Casa and Murray Streets through Santa Rosa Park to Oak Street to the satisfaction of the Public Services Department. 26. Subdivider shall install a minimum of 20 bicycle and 20 motorcycle parking spaces on site to the approval of the Architectural Review Commisssion. 27. Future development projects benefiting from the off -site sewer line project required by condition No. 25 shall be required to reimburse the subdivider pursuant to an agreement formula developed by the Public Services Department. On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle and Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey and One Vacancy the foregoing resolution was passed and adopted this 1st day of September , 1981. ATTEST: l /e4 City erk Pamela V ges 4 • Resolution No. 4605 (1981 Series) Tract 998 Page 6 APPROVED: Ci / City A?d#a strative Officer i City "Attorney 44w6on 4enll� Community Dev lopment ector n v 1Eee.r �0 RESOLUTION NO. 4604 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 81 -133 LOCATED AT 1545 HIGUERA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the tentative map of Minor Subdivision No. 81 -133 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the PO zone. 3. The design is not likely to cause substantial environmental damage or cause serious health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through or use of property within the proposed subdivision. 5. The proposed tentative parcel map is categorically exempt from environmental impact requirements. SECTION 2. Conditions. That the approval of the tentative map for Minor Subdivision 81 -133 be subject to the following conditions: 1.. Subdivider shall install handicap ramp at the corner of Grove and Higuera Streets, to the approval of the Public Services Department. 2. Subdivider shall repair or replace curb, gutter and sidewalk along Grove and Higuera Street frontages to the satisfaction of the Public Services Department. 3. Final map shall show subdivision boundary revised to include the Marsh Street right —of —way abandonment. 4. Subdivider shall grant to the city a creek easement over San Luis Creek to the approval of the City Engineer. R 4604 U • Resolution No. 46001981 Series) Minor Subdivision 81 -133 Page 2 5. Note shall be placed on the final map indicating the area subject to flooding in a 100 -year storm (elevation of 254) to the approval of the City Engineer. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle and Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey and One Vacancy the foregoing resolution was passed and adopted this 1st day of September , 1981. ATTEST: I CS City lerk Pamela V APPROVED: v City Adfai rative Officer City Attorney Community Dev lopment D F` tor L t , F--1 LJ C RESOLUTION NO. 4603 (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 -87, LOCATED AT 787 FRANCIS STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council previously made certain findings as contained in Resolution No. 4266 (1980 Series). SECTION 2. All conditions of the aforementioned resolution have been met. SECTION 3. This Council grants approval of the Final Map of Minor Subdivision SLO- 80 -87. On motion of Councilman Settle , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Settle and Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey and One Vacancy the foregoing Resolution was passed and adopted this 1st day of September , APPROVED: i .,�-r / - City Admi tr tive Officer City Attorney ng er R 4603 Lea�acd_ Len,Jo��� ,r� RESOLUTION NO. 4602 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED (REPAIRED) UNDER THE 1911 ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction (repair) costs shall be paid within thirty —one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are shown on Exhibit "A ". On motion of Councilman Settle seconded by Mayor Billie , and on the following roll call vote: AYES: Councilman Settle, Mayor Billig, and Councilman Dunin NOES: None ABSENT: Councilwoman Dovey, One Vacancy the foregoing Resolution was passed and adopted this 1st day of September, 1981 Attest: aiH? City Clerk Pamela Vges R4602 Resolution No APPROVED: 4601 City Administrative V // II__ IW�Y City Attorney Public Servic s Director (1981 Series) OWNER P. C_ Pendse - - - J.W. & S.M. Reed R.E. Fairbanks L.L. & M.V. Sederberg 0 EXHIBIT "A" LOCATION 1629 Wilson.Street 618 Grove AMOUNT $-584.82 P°kl%` Ole 195.00 1606 Mill Street (Grove St.. side) 476.55 Payment received (176.55) I Balance due 300.00 1571 Mill Street 298.50 it Ro RELTION NO.4601 (1981 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: BISHOP STREET - RACHEL STREET CITY PLAN NO: E -10 & D -54 WATERLINE IMPROVEMENT PROJECT ESTIMATE: $46,845 & $31,525 respectively BUDGET ACCOUNT: 40 -6362 -715 w/o contingencies BIDDER: R. Baker, Inc. BID AMOUNT: $479053 & $25,010 respectively 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 Duni_n , and on the following roll call vote: AYES: Councilmembers Dunin, Settle and Mayor Billig NOES: None ABSENT: Councilwoman Dovey, One Vacancy the foregoing Resolution was passed and adopted this 1st day of September 1981. w APPROVED: City R 4601 keFr REOWTION NO. 4600 (1981 Series) to 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 followsi 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: WASTEWATER, TREATMENT PLANT, BIOFILTER #1, DIGESTERS #1 & 3 ESTIMATE: $80,000 w/o contingencies BIDDER: C. Boyd Construction, Inc. CITY PLAN NO:' D -45B, D -50B & D -51B BUDGET ACCOUNT: 40 -7163 -820 BID AMOUNT: $67,549.00 SECTION 2. That the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Settle seconded by Councilman Dunin , and on the following toll call vote: AYES: Councilmembers Dunin, Settle and Mayor Billig NOES: None ABSENT: Councilwoman Dovey, One Vacancy the foregoing Resolution was passed and adopted this lst day of September , 19 81 C. BILLIG ATTEST: CITY CL RK PAM2LA VO APPROVED: R 4600