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Home My WebLink About4900-4948,P a RESOLUTION NO. 4948 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE PROMOTIONAL COORDINATING COM!11TTEE BYLAWS BE IT RESOLVED.by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain Exhibit "A" entitled "PROMOTIONAL COORDINATING COMMITTEE BYLAWS," attached hereto and incorporated herein by this reference, is approved and adopted. 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: None the foregoing Resolution was passed and adopted this 7 day of September, 1982. [�:3 ATTEST: Ci y Clerk Pam Vog APPROVED: a 5 _ City Administrative Officer AXAIA- City'Attorney Ass stant Administrative Officer R 4948 �c c —fig � " IHIBIT "A" PROMOTIONAL COORDINATING COMMITTEE BYLAI4S CITY OF SAN LUIS OBISPO REVISED ARTICLE 1 PURPOSE A. To work toward improving the quality of life available to all the residents and visitors of San Luis Obispo. B. To promote the development of San Luis Obispo as the regional trade center, recreation and tourism center of San Luis Obispo County. ARTICLE 11 MEMBERSHIP A. The committee will consist of seven members selected from the registered city voters and appointed to the committee by the City Council. B. Members shall serve for two (2) years. Members may be reappointed for not more than four (4) consecutive full terms totaling eight (8) years. ARTICLE 111 OFFICERS` - A. The officers of the committee shall consist of a chairman and a vice chairman. B. A recording secretary shall be appointed from the committee. C. Term of the officers shall be for one (1) year, not to exceed two (2) years. Secretary's term is the same as officers'. ARTICLE IV DUTIES OF CHAIRMAN AND SECRETARY A. The chairman shall: 1. Preside at committee meetings and vote on all-matters before the committee. 2, Appoint all subcommittees. 3. Call special meetings when necessary. 4. Prepare the agendas and conduct all committee meetings in an orderly manner. 5. Submit an annual report and budget to the committee for approval, to be presented to the City Council. B. Vice chairman: 1. Shall perform all of the chairman's duties in the absence of the chairman and perform other duties as assigned by the chair. C. The secretary shall: I. Keep all records of all committee meetings. 2. Issue all necessary notices, copies of agendas, minutes and committee correspondence under the direction of the chairman. • PROMOTIONAL COORD ~ TING COMMITTEE BYLAWS Page 2 ARTICLE V MEETINGS A. The committee will meet the second Wednesday of every month at 5:30 P.M. in the Council Hearing Room. B. Special meetings may be called by the chairman or at the request of a majority of committee members. C. All committee meetings are open to the public. ARTICLE VI ABSENCES AND RESIGNATIONS A. If a member of the committee fails to attend three (3) consecutive regular meetings or a total of six (6) regular meetings within any twelve (12) months, that member shall automatically be considered for replacement. The chairman of the committee shall inform the Council of such a= ..situation explaining any special circumstances. B.. The individual committee member is responsible for notifying the chairman or the secretary in advance when an absence is anticipated. C. In the event a member finds it necessary to resign from the committee, a letter of resignation shall be immediately directed to the City Council with copies forwarded to the committee chairman and the City Clerk. ARTICLE VII AMENDMENTS TO BYLAWS A. These bylaws shall be amended only in accordance with the following procedures: 1. All members shall receive a copy of the proposed amendments to these bylaws with the agenda of the meeting of the first reading. 2. Amendments- shall -be _read at two (2)._consecutive- regular meetings Voting may.take_place,at the meeting of the second reading — Five (5,) _affirmative rotes— are required to adopt any amendment to these. :bylaws with approval by the City Council. 3. Timing for review of these bylaws should be consistent with the advisory body handbook. 0 RESOLUTION NO. 4947 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF AN APPLICATION TO THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. WHEREAS, the United States Secretary of Transportation is authorized to make grants for mass transportation projects; and WHEREAS, the contract for financial assistance will impose certain obligations upon the City of San Luis Obispo ( "City "), including the provision by it of the local share of project costs; and WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the City give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U.S. Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the City that minority business enter- prise-be utilized to the fullest extent possible in connection with'- this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts, or consultant and other services; NOW BE IT RESOLVED by the Council of the City of San Luis Obispo 1. that the Public Services Director is authorized to execute and file an application on behalf of the City of San Luis Obispo to the U.S. Department of Transportation, to aid in the financing of a Bus Operations/ R 4947 0 Resolution No. 4947 (1982 Series) Maintenance Yard. 2. That the Public Services Director is authorized to execute and file with such application an assurance of any other document required by the U.S. Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964. 3. That David Elliott, Administrative Assistant, is authorized to furnish such additional information as the U.S. Department of Transpor- tation may require in connection with the application or the.project. 4. That the Public Services Director is authorized to set forth and execute affirmative minority business policies in connection with the project's procurement needs. 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 7th day of September 1982. R 4947 Resolution No. 4947 APPROVED:. e ,g Q 4rse�� City Administrative Off ic q - - City Attorney Public Services Director (1982 Series) s %� 1� _ RESOLUTION NO. 4946 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF-SAN LUIS OBISPO APPROVING THE ISSUANCE OF PARKING PERMITS IN CERTAIN CITY LOTS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. WHEREAS, the City Council finds it to be in the best interest of the City to encourage car pooling and ridesharing. SECTION 2. WHEREAS, the State has funded a County Ridesharing Coordinator. SECTION 3. WHEREAS, the County Ridesharing Coordinator has proposed a ridesharing program for the City involving Parking Lots 411 and A. SECTION 4. NOW THEREFORE, BE IT RESOLVED THAT: a. The County Ridesharing Coordinator is hereby authorized to issue parking permits to members of car pools. b. Said permits may be issued for use in either Lot 411 or Lot 414 only (Monday through Friday). c. Said permits shall allow the vehicle displaying the permit to park free without paying the meter. d. Said permits shall be issued and revoked under the guidelines adopted by the Ridesbaring Coordinator and approved by the City Engineer. e. The Police Department shall ticket any vehicle displaying a revoked or outdated permit if the meter has not been payed in accordance with standard City policy. SECTION 5. The City Clerk shall furnish a copy of this resolution to: County Ridesharing Coordinator, San Luis Obispo Police Department, Director of Finance, City Attorney, and City Engineer. R 4946 Resolution No. 4946(1982 Series) On motion of Councilman Settle , seconded by Councilman Dunin 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 7 day of September 1982. ATTEST: r. CITY CLERK' PAMELA- VOG APP ,l I.UJ�. lAi City Administrative Of icer City Attorney Chi4 of Police i City Er ineer G %/�av P� RESOLUTION NO. 4945 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE'CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR CITY CLERK SERVICES BE IT RESOLVED by the Council -of the City of San Luis Obispo as follows: SECTION 1. To establish the following fees for Clerk services: Copying Agenda Subscr- iption j excluding packet) City Charter Tape Duplicates Bronze Medallion Silver. Medallion Municipal Code-Book Plans and specifications Plans and specifications Parade /Street.Closure Application $ 10 /page 50.00 /year 2.00ieach 15.00 /each 5.00 /each 20.00 /each 100.00 /each 15.00 /non - refundable - mailed 10.00 /non - refundable = picked up 5.00 /application SECTION 2. The fees set forth'.in this resolution shall become effective upon passage of this resolution. On motion of Councilman Dunin on the following role call vote: seconded by Councilman Settle ,• and AYES: Councilmembers Dunin, Settle, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 7 day of .September ; 1982. ATTEST.: CIjY CLERK P V GE R -4945 Resolution No. 49 I-k 1982 Series) Page 2 APPROVED: Administrative Officer I AAW� City Attorney Fi-n-a-n-ce Direct 4 %ty Clefk R-4945 ��i� * � �ii�C�/�C'C� �,�� RESOLUTION NO. 4944 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING PARK AND RECREATION FUND APPROPRI_ATION.AND EST- IMATED _,REVENUES FOR THE 1982 /83 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. That the following appropriation accounts b--increased_to provide for the relocation of the Parks and Recreation Department administration office to San Luis Obispo Junior High School. Account Description Increase Amount (60) 11- 5701 -002 Personnel Services - Temporary $ 7,200 (60) 11- 5704 -041 Telephone Service 780 (60) 11- 5706 -060 Rent - Buildings &:Property- 6,380 (60) 11- 5763 -000 Maintenance & Alterations 19500 $15,860 Section 2. That -the following estimated revenue account be established to identify revenues generated from the rental and use of San Luis Obispo Junior High School facilities. Account Description Amount 1 -1 -1555 -060 Junior High Use Fees $7,500 On motion of Councilman Settle , seconded by Councilman_Dunin____ , and on the following roll call vote: AYES: Coiincilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of September - , R 4944 J APPROVED: City Administrative 0 fice r . RESOLUTION NO. 4943 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AN AGREEMENT BETWEEN THE CITY AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR LEASE OF PORTIONS OF SAN LUIS OBISPO JUNIOR HIGH SCHOOL. BE IT RESOLVED by the Council of the,City of San Luis Obispo, California, 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 Coastal Unified School District 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 Coastal Unified School District, 1499 San Luis Drive, San Luis Obispo, CA 93401, the City Finance Director and the City Director of Parks and Recreation. On motion of Councilman Settle , seconded by Councilman Dunin 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 7th day of September,1982. APP OD: U.ul6L S' ..... City Administrative ffice City Attorney R 4943 EXHIBIT "All LEASE OF PROPERTY AND DEPOSIT RECEIPT THIS LEASE is made and executed in triplicate by and between the SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT, hereinafter designated as "Lessor," and the CITY OF SAN LUIS OBISPO hereinafter referred to as "lessee." This lease shall not be effective until Lessee obtains appropriate approvals from City, County and State agencies. FOR THE SUM OF $ 708.50 --------- - - - - -- Dollars), evidenced by (Seven hundred eight and 50/100 a check as a deposit which, upon acceptance of this lease, shall belong to the Lessor and shall be applied as follows: Payable Prior Received to Occupancy Rent for the period from 10/1/82 TO 10/30/82 $ $ 708.50 Security Deposit . . . . . . . . . . . . . . . $ $ Other. . . . . . . . . . . . . . . . . . . . $ $ TOTAL . . . . . . . . . . . . . . . . . . . . $ $ 708.50 Lessee hereby offers to lease from Lessor the premises situated in the City of San Luis Obispo , County of San Luis Obispo State of California described as Gymnasium Complex, Administration /Counseling Complex, Tennis Court Complex and Upper Athletic Field at San Luis Junior High School. upon the following terms and conditions: 1. TERIM: Term of this lease shall commence on October 1 , 1982 and expire on September 30 , 19 85 . Lessee has the option to renew lease, subsequent to Lessor approval, 60 days prior to the termination date of this lease for an additional period of three years. 2. RENT: The total rent shall be $ 708.50 per month, payable as follows: Five (5) days in advance of the month to which the rental amount applies Additional rental terms are included in the "Addendum to Lease Agreement," attached hereto and made a part hereof by this reference All rents shall be paid to the San Luis Coastal Unified School District located at 1499 San Luis Drive, San Luis Obispo, California, 93401. 3. USE: The above described premises are to be used for the purpose of: City Parks and Recreation programs - 1 - 4. USES PROHIBITED.: Lessee shall not use any portion ofd -the premises -•for purposes other than those specified hereinabove; and no use shall be made or permitted to be made upon the premises, nor acts done, which will increase the existing rate of insurance upon the property, or cause cancellation of insurance.polcies covering said property. Lessee shall not conduct . or permit any sale-by-auction on .the. premises. S. ASSIGNMENT AND SUBLETTING: Lessee shall not assign this•1ease or sublet 'any portion of the.premises without prior written consent of the Lessor, which .a shall not be unreasonably withheld: Any such assignment or subletting without consent shall be void and, at the option of the Lessor; may terminate "this lease. Additional terms regarding sublets are set out in.the. attached "Addendum to Lease Agreement." 6. ORDINANCES AND STATUTES: Lessee shall comply with al:l statutes, ordinances and requirements of all municipal, state and federal authorities now.in force, or which may hereafter be in force, pertaining to the premises;' occasioned by or- affecting the use thereof by Lessee. The•commencement or pendency of any state or federal court abatement proceeding affecting•the use of the premises-shall, at the option of the Lessor., be deemed a breach hereof. 7. MAINTENANCE, CUSTODIAL, REPAIRS, ALTERATIONS: Lessee acknowledges that the premises are clean and.in good.6tder and repair, unless otherwise indicated herein.. Lessee shall, . at his own expense and at all times, maintain the premises in clean, good and safe condition, including plate glass; and accessible electrical wiring, plumbing and heating installations and any other system or equipment upon the premises and shall surrender the same, at termination hereof., in a clean and as good- condition as received, normal wear and tear ekcepted. Lessee shall':be responsible for all re- pairs required,. as limited by, the terms ._of_ the :attached "Addendum to,Lea"e Agreement." Any proposed.structura:l.or exterior modifications must:firsf.be submitted in writing to Lessor for review and approval, and approval will not be unreasonably withheld. 8. ENTRY AND INSPECTION::. Lessee shall permit Lessor o.Lessor!s agents to enter upon the premises at reasonable times and upon reasonable notice;. for the purpose of inspecting the same., and will permit Lessor at any time .within sixty, (60.) days prior to the expiration of this lease, to place upon the premises any.•usual "To Let" or "For Lease" signs,. and-permit persons desiring to lease.the.same to inspect the premises thereafter. 9. INDEN1NIFICATION OF LESSOR: Lessee agrees to defend,, indemnify and save.harm- less, Lessor and its officers, agents, and employees, from and.against any And all claims, demands,. liability, costs., expenses, damages, causes of action and judgments - 2 - 1 in any manner arising out of this.lease or out of the performance or attempted per- formance of the provisions thereof, including but not limited to,.any act or, omission to act by Lessee or its agents, employees, invitees., students.; or independent contractors directly responsible to Lessee. 10. POSSESSION: If Lessor is unable to deliver possession of:the,premises at the commencement hereof.,.Lessor shall.not be liable for any damage caused thereby, nor shall this lease be void or.voidable, but Lessee shall not.be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within _ 30 days of the commencement of the term hereof. 11. INSURANCE: (A) As of the commencement date of this Agreement, Lessee has, in effect and shall maintain during the entire term hereof, public liability and property damage insurance in the single limit amount of at least One Million Dollars ($1,000,000). Said insurance covers personal injury, bodily injury and property damage. Said .insurance covers all of Lessee's activities.und "er the terms of this Agreement, including operation of owned, nonowned, arid_ hired cars and trucks. Lessee shall give Lessor 30 days written notice of any cancellation, modification or reduction of insurance. (B) Lessee shall maintain Workers Compensation insurince.for their employees. (C) Lessee shall provide proof of such insurance coverage as shall be required by Lessor:, (D) To the maximum extent permitted by insurance policies which, may be owned by Lessor or Lessee, Lessee and Lessor, for -the benefit of each other,-, waive, any and all rights of subrogation which might otherwise exist. (E) The Lessee shall name Lessor additionally. insured.. 12. UTILITIES: Lessor agrees that he shall be responsible for the payment of all utilities, unless - otherwise agreed upon, including water, gas,.electricity, heat, and other services delivered to the premises including normal refuse. Lessee agrees to pay $20 for each room per night where equipment or lights are found to be left on after 10 p.m. or after the premises have been vacated for the night by the Lessee., whichever.is later. 13. SIGNS: Lessor reserves -the exclusive right to the roof, side and rear walls of the premises. Lessee shall not-construct any projecting sign or awning with= out prior written consent of Lessor.and city planning department which consent by Lessor shall not be unreasonably withheld. 14. 'ABANDONMENT OF PREMISES: Lessee. shall not vacate:or.'abandon the premises at any time during the term hereof; and if Lessee shall abandon or• vacate the premises, or be dispossessed by process of law,, or otherwise, any persona l property . belonging to Lessee left Upon the premises shall be deemed to be abandoned, at.the option of Lessor. 3 - 15. CONDEMNATION: If any part of the premises shall be t ken or condemned for public use, and a part thereof "remains which is susceptible of occupation here under, this lease shall, as to the part taken, terminate.as of the date the.condemnor acquires possession, and thereafter Lessee shall be required to pay such proportion of the rent for the remaining term as the value of the premises remaining bears to the total value of the premises at the date of condemnation;.provided, however, that Lessor may at his option, terminate this lease as of the date the condemnor acquires possession. In the event that the demised premises are condemned in whole, or that such portion is condemned that the remainder is not susceptible for use hereunder, this'lease shall terminate upon the date upon' which ,the.condemnor acquires possession. All sums which may be payable on account of any condemnation shall belong to the Lessor, and Lessee shall not be entitled to any part thereof, provided, however, that Lessee .shall be entitled to retain any amount awarded to him for his trade fixtures or moving_ expenses. 16, TRADE FIXTURES: Any and all improvements made to the premises during the term hereof shall belong to.the Lessor,.except.trade fixtures of'the Lessee Lessee may, upon termination hereof, remove all his,trade.fixtures; but shall repair or pay for all repairs necessary for damages to: the premises o.ccasioned:by temoval. 17. DESTRUCTION OF PREMISES:, In the.event of a partial ; destruction'of -the premises during the term hereof, from any cause, Lessor shall forthwith 'repair -the. same., pro- vided that such repairs can be made within sixty (60) days under existing govern= mental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business,of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor,.at his option, may make the same within a reasonable time, this lease continuing.in effect with the elect to make such repairs which cannot be made within sixty (60)'days, this lease . may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less,than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether'the:.demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease... In the event of any dispute between Lessor and 'Lessee with respect to. the provisions hereof, the matter shall be settled'by arbitration in -such a manner as the parties may agree upon, or if -they cannot agree, in 'accordance -"with the rules of the American Arbitration Association. - 4 - 18. INSOLVENCY: In the event that a receiver shall be appointed to take over the business of the Lessee, or in the event that the Lessee shall make A general assignment for the benefit of creditors, or Lessee shall take or suffer any action under any insolvency or bankruptcy act, the same shall constitute breach of this lease by Lessee. 19. REMEDIES OF OWNER ON DEFAULT: In the event of any breach Of this lease by Lessee, Lessor, besides other rights and remedies he may have, -shall have the immediate right of re-entry and may remove all persons and propeft y from the premises. Such property may be moved and stored in a public warehouse or else- where at the cost, of, and for the account of Lessee. Should.-Lessor elect to re- enter, or.should he take possession pursuant to legal proceedings or any notice provided by law, he may either terminate this lease or may from time to time, Without terminating this lease, relet said premi"ses., or ahy part thereof, for such term or terms (which may be for a term extending beyond the term of this lease) and at such rental or rentals and upon such other terms and conditions as Lessori'i,n his sole discretion, may de6m. advisabl'e With the right. to alter or repair the premises uppn.such reletting. In such event, Lessee shall be immediately liable to pay to Lessor, in addition to any other amounts due here= under: (a) the cost and expense of such reletting and'such alterations or repairs, and any amount by which the rent.reserved herein f6r.the period of such reletting, but not beyond the term hereof, exceeds the amount agreed, to be paid as rent for such period; or (b) at the option of the Lessor, rents received by Lessor from such reletting shall be applied first to the repayment of indebtedness other than rent due hereunder, second to costs and expenses of reletting and alterations or repairs, and third to the payment of rent due and unpaid hereunder, and the -residue, if any, shall be held by Lessor and applied in payment of.future rent as the same may become due and payable. Lessee shall be credited on h .1y with rent actually re- ceived by Lessor. Lessee shall; in such event, pay any deficiency between the amount due from Lessee to Lessor and the amount credited. No such re-entry or taking possession by Lessor ;shall be construed at an election to terminate this lease unless written notice of such intention is given, or unless termination be decreed by.a court of competent j4fisdiciion., Notwith- standing any.such reletting without termination, Lessor tay,at any -time.thereafter elect to terminate this lease on account of . such previous breach.- Should Lessor at any time terminate this lease for any breach, in addition to any other remedy he niay have, he may recover from Lessee all damages-he.may incur by reason of such breach, including the cost of recovering the premises, and including the worth at the time of such termination, or at the time of an award if suit be instituted.to enforce this provision; of the amount by which the unpaid rent forthe balance.of - 5 - the term exceeds the amount of the rental loss for the balance of the term which the lessee proves could be reasonably avoided. 20 SECURITY: The security deposit set forth above, if any- shall secure the performance of the Lessee's obligations.hereunder. Lessor may, bin-.shall not be obligated to, apply all or portions of said deposit on account of Lessee's ob= ligations hereunder. Any balance remaining upon termination shall be returned to Lessee. Lessee shall not have the right to apply the Security Deposit in. payment of the last month's rent. 21. ATTORNEYS' FEE: In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall be en- titled to all costs incurred in connection with such action, including a reason- able attorney's fee. 22.. WAIVER: No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 23. NOTICES: Any notice which either party may or is required to give; shall be given by mailing the same., postage prepaid, to Lessee at the premises, or Lessor at the address shown below., or at such other places.as may be designated by the parties from time to time 24. HOLDING OVER: Any holding over after the expiration of this lease, with the consent of Lessor, shall be construed as a month -to -month tenancy at.monthly rental rate in accordance with the terms hereof, as applicable. 25. POSSESSORY INTEREST TAX: In the event property leased.by Lessee is taxed, it is agreed that Lessee shall pay such:tax-. 26. TIN1E: Time is of the essence of this lease.. 27. HEIRS, ASSIGNS, SUCCESSORS: This tease is binding,upon.:and inures to the benefit of the heirs, assigns and successors in interest to the parties. 28. Lessor agrees to discuss with the Lessee and give Lessee notice of any plans for placing potential new lessees adjacent to existing Lessee's rooms. Similarly, discussion and notice will take place before any proposed uses are implemented by Lessor of the adjacent rooms. ENTIRE AGREEMENT: The foregoing constitutes the entire agreement between the parties and may be modified only by .a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the parties' execution hereof- Attached-' 'Addendum to Lease Agreement" - 6 r' ADDENDUM TO LEASE AGREEMENT This is an addendum to a lease entered into between SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT as Lessor, and CITY OF SAN LUIS OBISPO.as Lessee. 1. Sublet..Reiits Lessor shall, receive 75 percent (75 %) of all Lessee.sublet rents generated, provided that Lessee may deduct its cost s,. if any, associated with subletting before calculating the 75 percent payment. These.payments shall be made to Lessor quarterly. 2. Inkind Services to be Provided by _Lessee a. Maintenance of the playfield including irrigation. b. Payment for water needed for field; provided; that Lessee shall not be so obligated unless and until Lessor installs a meter to monitor such water use.. c. Maintenance of the tennis courts except major resurfacing. d. Annual scheduling of.all elementary school playfields within the City of San Luis Obispo. San Luis Coastal Unified School District.shall be considered as having highest priority in cases of scheduling. e. Lessor shall have access to both the gymnasium and the playing field when needed for team practice or school use, when scheduled in a timely manner using.professional scheduling procedures. 3. Capital Improvements The following are improvements that will be-accomplished by the City during the first three -year use period: a. Assess irrigation system to determine what's necessary for needed coverage. Assessment shall include a joint Lessor /Lessee inspection. Lessee shall have access to ''as built" plans for existing system. b.- Top dress and re -seed field - import top soil, regrade to fill potholes and burn lines and overseed to redevelop turf. C. Relocate softball field to correct sun alignment and modify irrigation if necessary. d. Regrade baseball field, rebuild backstop and side.fences and install dugouts and seating. e..•Wash, fill holes, reline tennis courts. , LES By C 17yIuK�m LANIE C.,BILLIG Attest: CITY iLERK PAMELA "VOG S / BOARD OF EDUCATION SAN LUIS COASTAL UNIFIED .SCf L DISTRICT, LESSOR By / Name Title crr DateSp��. RESOLUTION NO. 4942 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING A LEASE AGREEMENT FOR COPYING EQUIPMENT. WHEREAS, it is desirable and important to the business success of the City to lease personal property generally consisting of (but not limited to): One '(1) Canon Copier Model NP 210 Three (3) Canon Copiers Model NP 40OF; and WHEREAS, the City desires from time to time to lease said personal property from Security Pacific Leasing Corporation its successors, assigns and /or nominees (hereinafter called "Lessor "). NOW, THEREFORE, BE IT FURTHER RESOLVED that the City lease from Lessor the personal property as described above, and the Finance Director /Treasurer is hereby authorized, from time to time, in the name and on behalf of the City, to enter into agreements with Lessor for the leasing of said personal property upon such terms as may seem advisable to such officer, to execute agreements, security agreements and devices, leases, applications for leases and other documents in connection therewith or incidental thereto (any such instruments executed hereunder to be in such form and with such terms and conditions as may be agreed upon between such officer and Lessor). Such officer is also authorized to accept or direct delivery from said Lessor of any such property leased hereunder. The authority given hereby should be deemed retroactive, and any and all acts authorized hereby performed prior to the passage of this resolution are hereby ratified and affirmed. The authority herein conferred shall continue in full force and effect until written notice of its revocation shall have been received by said Lessor. R 4942 Resolution No. 494.` , (1982 Series) On motion of Councilman Settle and on the following roll call vote: Page 2 , seconded by Councilman Dunin , AYES: Councilmembers Settle, Dunin, Dovey, Griffin and ?Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this "7th day of September 1982. ATTEST: Cityl Clerk; Pai e L U ` ges ' APPROVED: ata City Administrative Offic4r City Attorney Finance Dire or INCUMBENCY CERTIFICATE I further attest that the offices referred to in the foregoing resolution are now held by the person whose name appears below: Incumbent R. C. tiuravez . Dated: Signature ` C ty ";,Clerk ame .Voges SECURITY PACIFIC NATIONAL BANK �'D EXECUTIVE OFFICES: FOUR EMBARCADERO CENTER, SUITE 1200 • SAN FRANCISCO, CA 94111 • P.O. BOX 7722 (94120) • (415) 445 -4482 August 24, 1982 CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, California 93406 Attention: Mr. Rudolph C. Muravez Director of Finance Gentlemen: We are pleased to inform you that, pursuant to your request, we are agreeable to entering into a leasing transaction with you in accor- dance with the terms of the Master Lease and other documentation enclosed herewith and upon the following additional terms and con- ditions. The capitalized terms used herein have the same meanings as set forth in the Master Lease. Lessor: Lessee: Equipment: Cost of Equipment: Security Pacific National Bank City of San Luis Obispo One (1) Canon Copier Model NP210 and Three (3) Canon Copiers Model NP400F Estimated at: $34,140.00 Lessor has approved the leasing line hereunder for the full estimated Cost. However, in the event of cost overruns, Lessor reserves the right to exclude undelivered and unaccept- ed items of Equipment in order to stay within the estimated Cost, or to include such items and to adjust the Rentals and rental rates on this overrun. SECURITY PACIFIC NATIONAL BANK -2- Delivery and Takedown: August, 1982 Equipment Location: 990 Palm Street San Luis Obispo, California Base Term of Lease: Four (4) Years Rentals: Lessee will be required to make four (4) equal consecutive annual rental payments, each in advance, at $297.52 per $1,000 of Equipment Cost. Should the proposed leased Equipment not be accepted by Lessee and the Lease Schedule not executed prior to the Expiration Date, referred to below, Lessor reserves the right to extend its commitment with respect to any portion of this transaction beyond the Expiration Date and /or to adjust the rentals. Interest Rate: 13.0% (Simple) property Taxes: Lessor intends to report for assess- ments all property located in California. Lessee shall reimburse Lessor (or upon Lessor's request, pay directly,) such California property taxes, including (except where caused solely by Lessor's acts or omissions) any penalties, interest and costs of Lessor associated therewith. Treatment of Lease: Lessor and Lessee expressly decline to make the election (and Lessee will not take any action which could be deemed to constitute an election) to have the Special Rule for Leases provided by Section 168 (f)(8) of the Internal Revenue Code of 1954, as amended, applied to this transaction. Purchase Agreement: At the expiration of the four (4) year lease term, or any renewals or extensions thereof, Lessee agrees to purchase all of Lessor's right, title and interest in and to the Equipment for One Dollar ($1.00). SECURITY J i PACIFIC NATIONAL BANK -3- Insurance: To be provided Lessor in accordance with the enclosed Lease Insurance Authorization Letter, prior to funding. Lease Schedules: A $10,000 minimum Equipment Cost requirement will apply on all lease scheduling under this commitment. Should Lessee request scheduling for amounts between $5,000 and $10,000, a $150.00 scheduling fee will be due and payable upon execution of the Lease Schedule. Financial Statements: Annual report to include Fund Balances is to be mailed to Security Pacific National Bank within 120 days from Fiscal year end. In addition, Lessee will promptly provide such other financial information and information relating to the Equipment and this leasing transaction as the Lessor may from time to time reasonably request. Opinion_ of Counsel: Lessee shall provide Lessor with an opinion from Lessee's counsel stating that the Master Lease of Personal Property was duly authorized, executed and delivered by Lessee and that the Leasing transaction is a valid and binding obligation of City of San Luis Obispo in accordance with its terms. Such opinion shall also affirm that the Lessee qualifies as a govern- mental entity within the meaning of Section 103 (a) of the Internal Revenue Code of 1954, as amended, and that this transaction consti- tutes an obligation of the Lessee within the meaning of said Section. Said opinion shall be delivered to Security Pacific National Bank prior to the commencement of said Lease and said opinion must be acceptable to Security Pacific National Bank's counsel. SECURITY PACIFIC NATIONAL BANK -4- Lessee Representation: Lessee hereby warrants that this transaction does not violate any terms or conditions of any material credit agreement or any other agreements or instrument to which Lessee is a party. Tax Status: Management Fee: Documentation: This Commitment Letter is subject to Lessee being qualified as a govern- mental entity or "political subdivision" within the meaning of Section 103 (a) of the Internal Revenue Code of 1954, as amended, and that entry into this transaction will constitute an obligation of the Lessee within the meaning of said Section. Lessee agrees to coop- erate with Lessor in providing evidence as deemed necessary or desirable by Lessor to substantiate such tax status. Lessee.is required to pay a one time, non - refundable management fee, in the amount of $682.80. This fee is to be forwarded to Lessor upon Lessee's acceptance of this Commitment Letter-. The following additional documents are necessary to this transaction: a) Master Lease of Personal property (original and one copy) b) Information Form (one copy) c) UCC -1 Financing Statement (one) d) Lease Insurance Authorization Letter (two copies) e) Purchase Order Number 4553 f) Billing Invoice (original and one copy) g) Opinion of Counsel h) Leasing Resolution (sample) SECURITY PACIFIC NATIONAL BANK Documentation: continued \ J, -5- Please execute items a through f above and return them to Lessor along with items g and h as soon as possible. Upon Lessor's acceptance, copies will be returned for Lessee's files. The form, substance and enforceability of all instruments required by Lessor in completing the transaction proposed in this Commitment Letter must be satisfactory to Lessor's legal counsel. Lessee agrees to give Lessor such evidence of compliance with the condi- tions of the Commitment Letter as such legal counsel may require. Expenses incurred for or attributable to any significant amount of lease negotiation, tailoring, or redrafting shall be for the account of the Lessee. Expiration Date of Lessor's obligation to acquire and This Commitment: fund Equipment hereunder, terminates and expires on November 30, 1982. If the Equipment has not been delivered at the above described Loca- tion and accepted by Lessee on Lessor's forms prior to the above Expiration Date, or there is, prior to said Expiration Date, in Lessor's opinion, an adverse change in Lessee's financial condition since the date shown on the latest financial statement(s) which Lessee has furnished Lessor, then, at Lessor's option, Lessor may terminate its obligations under this Commitment Letter as to any Equipment which has not theretofore been accepted by Lessee on Lessor's forms. This will be a non - cancelable net lease transaction whereby maintenance, insurance, full indemnification, property documentation costs and all items of a similar nature will be for Lessee's account. It is understood that Lessor's obligations are contained only in this Commitment Letter and any amendment to it in writing, signed by Lessor's authorized officer. The provisions hereof supersede all prior and contemporaneous discussions, lease applications and proposals with respect to the transaction described herein. If Lessee agrees to enter into the leasing transaction and obtain Lessor's firm commitment on the terms set forth in this Letter and in the Master Lease, Lessee must indicate Lessee's acceptance by executing and delivering to Lessor, at Lessor's office in San Francisco, California, the enclosed copy of this Letter within ten (10) days from the date of this Letter. SECURITY PACIFIC J NATIONAL �/. BANK -6- Please be assured of our desire to give you the best and most efficient leasing service. Sincerely, SECURITY PACIFIC LEASING CORPORATION "Attorney -in- Fact" for SECURITY PACIFIC NATIONAL BANK Title (; Contract Administrator ACCEPTANCE: Lessee hereby agrees to enter into the leasing transaction described herein on the terms and conditions and with the agreements and covenants as set forth herein and agrees that this Commitment Letter shall constitute part of the Master Lease. CITY OF SAN LUIS OBISPO O RESOLUTION NO. 4941 (1982 Series) A RESOLUTION APPROVING A SEWER EASEMENT AGREEMENT WITH AUGUST MEISSNER IN CONJUNCTION WITH TRACT NO. 703. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. WHEREAS a realignment of the Public Sewer for Tract No. 703 was necessary due to a conflict with a gas main, SECTION 2. WHEREAS a Sewer Easement Agreement has been. - obtained: -from August Meissner to accommodate said realignment, SECTION 3. This Council hereby approves said easement agreement and authorizes recordation of same. 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 31st 1982. ATTEST: v , CITY ERK PAMEL A VOG APPROVED: -Pa'-p - Q City Administrative fice �: rv'q City Attorney 'City Engineer day of August , R 4941 RECORDING REQUESTED BY: y. city Clerk City of San Luis Obispo WHEN RECORDED RETURN TO: City Clerk City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 GRANT OF EASEMENT APN # 76- 351 -31 AND AGREEMENTS RELATING THERETO This Agreement is made this 1$ day of April, 1981, by and between AUGUST MEISSNER ( "Grantor ") and the City of San Luis Obispo, a municipal corporation ( "Grantee ") upon the following terms and conditions: AGREEMENTS 1. Grant and Location of Easement for Sewer and Other Utility Purposes. For valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to Grantee an easement on, over, under and through that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, and specifically des- cribed as follows: The most westerly 28.8 feet of that certain existing 30 -foot wide private roadway commonly known as "Meissner Lane" which lies between lots 45 and 39 of the San Luis Obispo Suburban Tract according to map filed for record February 6, 1906 in Book 1, Page 92, of Records of Survey recorded in the official records of the County Recorder of San Luis Obispo County. for the purpose of constructing, operating, maintaining, repairing, replacing and improving one or more underground ( w sewage collection or transmission lines, together with the right of ingress to and egress therefrom for the purpose of constructing, operating, maintaining, repairing, replacing and improving said sewage collection or transmission facilities or any replacement sewage collection or transmission facilities. 2. Nature of Easement. The easement herein granted shall be in gross and shall be for the benefit of the Grantee and Grantee's heirs, successors, assigns and personal repre- sentatives and shall bind Grantor and Grantor's heirs, successors, assigns and personal representatives. 3. Indemnification.. All costs of constructing, operating, maintaining, repairing, replacing or improving any sewage facilities constructed on the easement herein granted will be borne by Grantee. In the event that Grantee takes any action hereunder to construct, maintain, repair, replace, install, remove or improve any such facility pursuant to the easement herein granted, Grantee hereby agrees to and shall indemnify Grantor against any action, claim, loss or damage arising therefrom, including reasonable attorney's fees, costs and expenses of litigation and agrees to defend Grantor in any such action or proceeding arising therefrom upon written request by Grantor. 4. Further Assurances. Grantor and Grantee hereby agree to execute such additional documents and to take such further action as the other party may deem necessary or desirable -2- to further evidence the easement herein granted. 5. Notices. All notices specified herein shall be mailed first -class mail, postage prepaid, to the following addresses or to such other addresses as either party may specify by written notice to the other: To Grantor: August Meissner Route 1, Box 18 San Luis Obispo, CA 93401 To Grantee: City of San Luis Obispo Post Office Box 321 San Luis Obispo, CA 93406 IN WITNESS WHEREOF, the Grantor and Grantee have executed this Grant of Easement and Agreements Relating Thereto as of the date first hereinabove written. GRANTOR: GRANTEE: STATE OF CALIFORNIA .4 Aug st eissner / ss. � COUNTY nOF- San T.11i R ObObispo _ E O^ before me, the undersigned, a Notary Public in and for August Meissner d said State, personally appeared Au g c 9 V a E LL known to me to be the person_ whose name 15 0 5 subscribed to the within instrument and acknowledged to me Official Seal r . -a MARL Y �? VI tit HOLPAES S the t he executed the same. '� NCTARY PUMAC - CALIFORNIA !'p WITNESS my hand and official seal. f SAN' LU15 C:.:S ?O COUNTY I ( My Commis' ;an Expires E g A4a I L . .,,� �10i�.vu_y� APRIL 29, 1983 o Signature � � LL Ma�e.ry Kim 1- }Qlmes SE W E EA L M E" T G RANADA 4i �\ LOT 24 I"=50' M E(55N ER. LANE PRIVATE ROAD �a LOT 45 AUGUS TMEISSNEI2 CITY of SAN LUIS 0515PO LEGEND OEWER EASEMENT - city of san Luis oBispo .s -z� -82 DRw $Y� Q. LFMC+OpJ C E R T I F I C A T E OF :1 C C E' P T :\ CE THIS IS TO CERTIFY that the interest in real property conveyed by the Grant of Easement and Agreement Relating Thereto dated April 28 1982, from August Meissner to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer of his agent. Date: August 31, 1982 CTTY OF SAN LUIS OBISPO By UEB.MIE SILLI a Melanie C. Billig, Mayor ATTEST �jjl i ` �� I/„ City Clerk Pamela Vog s iw ak y .75�:.,.uou J..�'J_ - •�-M; «...+..S:.S1L. �.u.d+i` :.....:.: < .`.lv... ,,.... � �?.Q� � . - -:::; ta"«.'��•• -_..:1 ��.5`�•�. '3�E!ST, �k'.� � •._ WS .. z� > RESOLUTION .NO. 4940 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS (EXCEPT FOR CONDITION 12),,{FOR TRACT 703, HIGUERA COMMERCE PARK ( HIGUERA COMMERCE PARK DEVELOPMENT COMPANY, SUBDIVIDER). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. WHEREAS this Council previously approved the Subdivision Agreement for Tract 703 as noted in Resolution No. 4306 (1980 Series), SECTION 2. WHEREAS this Council has previously amended the subdivision agreement to provide for an extension of time to complete the subdivision improvements per Resolution No. 4761 (1982 Series), SECTION 3. WHEREAS the subdivider has requested an amendment to the Higuera Commerce Park Specific Plan to delete the sound attenuation wall per Agreement Condition 12, and has submitted a $40,000 set -aside letter guaranteeing installation of said wall within 90 days of City Council decision to deny the amendment, SECTION 4. WHEREAS all the other public improvements have been completed to the satisfaction of the City and a maintenance bond (set -aside letter) has been submitted in the amount of $125,000 to guarantee the improvements for one (1) year, SECTION 5. WHEREAS Condition 11 of the subdivision agreement does not allow occupancy releases nor building permits until completion of all subdivision improvements after the agreement expires; SECTION 6. This Council hereby amends Condition 11 to allow occupancy releases and building permits, subject to compliance with Condition 12 within 90 days of consideration of a Specific Plan Amendment to delete said Condition 12, if denied, R 4940 n � i Resolution No. 4940 (1982 Series) I� SECTION 7. This Council hereby accepts the public improvements as completed for Tract 703, except for Condition 12 (sound attenuation wall). On motion of Councilman Settle , seconded by Councilwoman. Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 31st day of August 3 1982. w.l MAYOR WELANIE C. BILLIG ATTEST: CITY ERR PAMELA VOG APPROVED: City Administrative 011ficer City Attorney /City En�ineer u�� rr�d�j'"(��v�ycl L0� ?tY��'Cc°�J J ��' v �. i �i-� �� _ .> 7 4. �� `, 1 �� \ T � � _ .> e RESOLUTION NO. 4939(1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TWELVE MONTH TIME EXTENSION FOR TRACT 915 LOCATED AT 3570 SACRAMENTO DRIVE WHEREAS, the subdivider requested a twelve -month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that a twelve month 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 915 is granted a twelve - month time extension to July 15, 1983, subject to original tract map conditions as specified in City Council Resolution No. 4208 (1980 Series) attached hereto. On motion of Councilman Settle seconded by Councilman Dunin 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 31st day of _ August 1982. ATTEST: v City lerk Pamela V es R 4939 Resolution No. 4939(1982 Series) Tract 915 Page 2 APPROVED: Paa K 475a*-i — City Administrative 0 face City Attorney �V V\ Communty Development Director EXHIBIT 61KY RESOLUTION NO. 42051980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 915 LOCATED AT 3570 SACRAMENTO DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows; SECTION.1. That this council, after consideration of the tentative map of Tract 915 and the Planning Commission's" recommendations, staff recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the General Plan. 2. The design and improvements of the proposed subdivision are consistent with the General Plan. 3. The site is physically suitable for the type,of%!.dcvelopment proposed:r,. 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 substant -ially and avoidably injure fish or wildlife or their habitat. 6. The design of the subdivision or the .type of improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements, for access through or use of property within the proposed subdivision. 8. The negative declaration filed by the Community Development Director for this project is appropriate. SECTION 26 That the approval of the tentative map for Tract 015 be subject to the following conditions: 1. Subdivider shall provide public utility easements along all property frontages to the approval of affected utility companies and the.City Engineer. 2. Final map shall contain a note which outlines land use restrictions of the existing PG&E powerline easement, to the approval of the City Engineer and Pacific Gas and Electric Company. 3. Final map shall show street "cul -de -sac radius of 60 feet.. 4. Final map shall show a Spanish or historical street name that is approved by the Community Development Department.. R 4208 Resolution No. 420K1980 Series) Tract 915 Page 2 5. All lots shall %,be ;.'addressed according to an addressing plan prepared by the Community Development Department. 6. Subdivider shall install storm drainage improvements to the approval of the City Engineer. On motion of Councilman Munger , seconded by Mayor Cooper_ , and on the following roll call vote: AYES: Councilman Munger, Mayor Cooper, Councilmembers Bond and Dunin NOES: Councilwoman Billig ABSENT: None the foregoing resolution was passed and adoptedAhis 15th day of July, 1980 ATTEST: Clorclerk J.H. Fitzpatrick APPROVED: City Attorney Cit mim§ r t ve Officer Kaeg�s' e' DA"AJZ� Community Development Department �a Lynn sUtc!i vi oY641'- Fi% vu r - RESOLUTION N0. 4938 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1068 LOCATED AT 150 TANK FARM ROAD 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 1068 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 Higuera Commerce Park Specific Plan. 2. The design and improvements of the proposed subdivision are consistent with the general plan and Higuera Commerce Park Specific Plan. 3. The site is physically suitable for the type of development proposed. . 4. The site is physically suitable for the proposed density of development... 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or cause significant environmental impacts which cannot be mitigated to an acceptable level.. 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 does not cause significant adverse environmental impacts not addressed previously in the environmental impact report for the Higuera Commercie Park Specific Plan. SECTION 2. Conditions. That the approval of the tentative map for Tract 1068 be subject to the following conditions: 1. Subdivider shall dedicate street right -of -way along the South Higuera Street frontage sufficient in width to construct a 4 foot sidewalk along the east side of the Monterey cypress trees to the approval of the City Engineer. Subdivider shall install rolled curb, 5 foot bicycle lane, 4 foot sidewalk and pavement to new curb edge to the approval of the City Engineer. R 4938 Resolution No. 4938 (1982 Series) Tract 1068 Page 2 2. Subdivider shall attempt to secure the dedication to the, city of .right -of =way for South Higuera Street; consistent with condition l above, for a distance 30 feet north of the tract boundary across the private street known as Meisner Lane.. 3. Subdivided shall dedicate to the city right -of -way along Tank Farm Road frontage of the tract to a point 42 .feet from centerline of said street. 4. Subdivider shall install curb, gutter, and paving to new curb face along entire Tank Farm Road frontage of the tract to the satisfaciton of the City Engineer. Installation of sidewalks along said frontage is hereby deferred subject to the subdivider signing a city standard covenant agreement to install sidewalk and street trees; when required by the City Engineer. 5. Curb alignment at the intersection of South Higuera Street is subject to modification to the satisfaction of the City Engineer. 6. Subdivider shall install sewer line in Tank Farm Road. Said line shall be oversized to accommodate possible future sewerage from Broad Street area to the satisfaction of the Public Services Director. Said sewer line shall extend in Tank Farm Road to the easterly tract boundary. 7. Subdivider shall.install water mains within the tract to the approval, of the Public Services Department. Water mains to be constructed in Tank Farm Road shall extend to the easterly tract boundary. Fire hydrants shall be placed on Tank Farm Road to.the easterly tract-boundary. 8. Subdivider shall dedicate to the city, vehicular access rights along South Higuera Street frontage of the tract except for driveway location shown on tentative map. Final map shall note that vehicular access along Tank Farm Road frontage of the tract is restricted as noted in the adopted Higuera Commerce Park Specific Plan. This plan should be reviewed prior to installation of any driveways. 9. Existing on -site well located on the proposed common access driveway shall be removed prior to recordation of the final map to the approval of the Chief Building Official. 10. The 60 foot wide common driveway should be aligned to provide curves and curb returns so that it could be accepted by the city as meeting city standards for public street. Subdivider shall grant to the city.an offer of dedication of said driveway to be accepted at the discretaion of the City .Council as a public street. .Agreement shall state that the driveway will not be accepted until fully improved to city public street standards. 11. Final map shall show the extension of common access driveway easement (60 feet wide) to the east tract boundary along the common lot. line of proposed lots 1 and.5. Subdivider shall. grant to the city an -offer of dedication of said driveway to be accepted at the discretion of the City Council as a public street. Agreement shall state that the driveway will not be accepted until fully improved to city public street standards. Resolution No. 4938 (1982 Series) Tract 1068 Page 3 12. Subdivider shall contribute $3,650 to the city for the Los Osos Valley Road /Highway 101 overpass prior to final map approval. 13. Subdivider shall contribute $5,000 to the city for traffic signals at Tank Farm Road and South Higuera Street prior to final map approval. 14. Subdivider shall post "no parking" signs along Tank Farm Road and South Higuera Street to the approval of the Public Services Department. 15. Subdivider shall thin and safety prune all of the trees along the South Higuera Street frontage to the approval of the Public Services Department. No trees shall be removed except for approved common driveways or as approved by the Tree Committee staff during construction of street improvements if they are a safety hazard. 16. Subdivider shall underground all utility lines within the tract and along Tank Farm Road and South Higuera Street. 17. Storm drainage from the site shall be conveyed to the existing storm drain in South Higuera Street adjacent to Tract 592 to the satisfaction of the Public Services Director. 18. Subdivider shall file common access driveway agreement for all common driveways shown on the tentative map agreement, consistent with city standards for common driveways. 19. Final map shall show 15 foot yard setbacks along all common access driveways to the approval of the Community Development Director. 20. Subdivider shall remove all structures within 15 feet of dedicated Tank Farm Road right -of -way prior to final map approval. 21. Subdivider shall number all lots in the tract consistent with city approved addressing plan, attached as Exhibit A. On motion of Councilman Dunin seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin and Dovey. NOES: Councilman Settle and Mayor Billig ABSENT: None p Resolution No. 4938 (1982 Series) Tract 1068 Page 4 the foregoing resolution was passed and adopted this 31st day of August 1982. ATTEST: City Clerk Pamela 7og29 APPROVED City Administrative ffic ZU&i0sz- City Attorney Co pity De elopment Director r "ti�; � u�,e; =a I Cr�HZ- vI,��r'F �� 1 vtG�/ Viae-/� --"\ /m/7 / I "Is T i RESOLUTION NO. 4937 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -80 -121, LOCATED AT 2675 JOHNSON AVENUE. 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. 4295 (1980 Series). SECTION 2. WHEREAS a performance bond in the amount of $9,500.00 and a labor and materials bond in the amount of $4,750.00 are on file with the City to guarantee completion of certain subdivision requirements as stated in the subdivision guarantee, and SECTION 3. WHEREAS water acreage charges have previously been paid in the amount of $580.00 and a performance bond in the amount of $8,000.00 and labor and materials bond in the amount of $4,000.00 have been submitted to guarantee construction of a garage on Parcel A per Board of Adjustments Condition 2 (< U.P. 45 -80). SECTION 4. WHEREAS all conditions of Resolution No. 4295 (1980 Series) required prior to recordation of the final map have been completed or bonded for. SECTION 5. This Council amends Condition No. 5 of Resolution No. 4295 (1980 Series)to allow a nineteen (19) foot wide driveway and grants approval of the Final Map of Minor Subdivision SLO -80 -121. On motion of Councilman Dunin _, seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1S day of August 1982. R 4937 l Resolution No. 4937 (1982 Series) ATTEST: CITY ERK PAMELA V GE APPROVED: ea.L_a -f kpAAJ Pity Administrative bfficev City Attorney /) - ,/ City gineer v RESOLUTION NO. 4936 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A MANAGERIAL COMPENSATION PLAN FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT. WHEREAS, the City Council is desirous of establishing a comprehensive Management Development and Compensation policy; and WHEREAS, the Council is committed to a compensation policy that strengthens the recruitment and retention of well - qualified and effective managerial staff; and WHEREAS, Council determines that merit and performance shall be the basis for managerial compensation; and WHEREAS, Council recognizes that under Section 701 of the City Charter the selection, development, evaluation and level of compensation of certain individual departmental managers and immediate management staff is the responsibility of the City Administrative Officer. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1.' A managerial salary plan is an important component of a comprehensive compensation policy. In order to remain competitive with the professional marketplace and promote merit and performance as the criteria for individual salary determinations, the following open -range Management Salary Schedule for fiscal year 1982 -83 is authorized: MANAGEMENT SALARY SCHEDULE - FISCAL YEAR 1982 -83 R 4936 1982 -83 Monthly Management Group Management Position Salary Range. I City Administrative Officer $3800 - $4400 II City Attorney $3500 - $4100 III City Clerk $2100 - $2700 R 4936 .Ak- �) Resolution No.4936 (1982 Series) 1982 -83 Monthly Management Group Management Position Salary Range IV Public Services Director Fire Chief $3200 - $3800 Police Chief V City Engineer Finance Director $2800 - $3400 Community Dev. Director VI Personnel Director Recreation Director $2400 - $3000 Asst. City Administrator Subsequent changes in any group salary range shall be authorized by Council resolution. Section 2. The City Council shall evaluate the performance of management staff in management groups I through III, and shall determine individual levels of salary within the designated ranges and under the criteria set forth in Section 1. Section 3. The City Administrative Officer is responsible for and shall be held accountable to the Council for the performance and evaluation of subordinate management staff. The City Administrative Officer shall evaluate and determine individual levels of salary for positions within management groups IV through VI in accordance with professional compensation principles and which reflect merit and performance as the standard and basis for managerial compensation. Such determinations shall be within the respective monthly salary ranges specified in Section I and may include increases, no change or decreases in salary levels within the designated range. Further, the City Administrative Officer is authorized to implement salary level determinations by phases during a fiscal year (the first sentence of Section 2 of Resolution No. 4872 (1982 Series) is hereby superseded; in all other respects Resolution No. 4872 shall remain in full force and effect). Page 2 Resolution No. 4936 ._, (1982 Series) Section 4. The total cost increase for management compensation in management groups IV through VI for fiscal year 1982 -83 shall not exceed in total 7.5% of the total existing year -end compensation for management in 1981 -82, excluding any new positions created subsequent to fiscal year 1981 -82. The management fringe benefits adopted by Council Resolution 4580 (1981 Series), Article II, marked Exhibit "A," shall be continued during fiscal year 1982 -83. On motion of Councilman Settle , seconded by Councilman Dunin , 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 31st day of August 1982. ATTEST: City Clerk Pamela Vog APP City Administrative Finance City Attorney Personnel Director Page 3 EXHIBIT "A" RESOLUTION NO. 4580 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING SALARIES AND BENEFITS FOR CERTAIN MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: ARTICLE I Salary-Provisions Employees covered by this resolution shall be paid at the monthly salaries listed below effective July 1, 1981: 1. Council appointed employees City Administrator -� City Attorney $3,500 City Clerk 1,950 2. City Administrative Officer appointed City Engineer $2,750 Director of Community Development 39000 Director of Public Services 3,300 Director of Recreation 2,400 Finance Director 2,900 Fire Chief 3,150 Personnel Director 2,200 Police Chief 3,500 Assistant City Attorney /Assistant to the Administrator 2,200 ARTICLE II Benefits Section A Medical Insurance For medical insurance the city agrees to contribute an amount equal to the cost of providing medical insurance for management employees and their dependents. Such contribution shall be spent first on employee coverage under an approved medical insurance plan and, second on dependent coverage. The city reserves R 4580 the right to choose the method of insuring and funding the benefit. Section B Eye Care The city agrees to contribute an amount equal to the cost of providing an approved eye care insurance plan for management employees and their dependents. Section C Dental Plan The city agrees to contribute an amount equal to the cost of providing an approved dental insurance plan for management employees and their dependents. Section D Unexpended Fringe Benefit The city shall pay to each management employee as soon as practicable prior to December 31, an annual lump sum payment (subject to appropriate taxation) for the difference between the amounts provided under Sections A through C above, and any lesser sum expended by the employee for medical, eye care, and dental coverage for the period of July 1, 1981, through December 31, 1981. Each employee shall be required to carry a minimum of medical, eye care, and dental insurance for self. Section E Life and Disability The city shall provide the following special insurance benefits: 1. Long -term disability insurance providing 60% of gross salary to age 65 for any sickness or accident after a 90 -day waiting period. 2. $50,000 term life insurance including accidental death and dismemberment. 3. One -half of employee's health insurance premium paid for retired employees who elect to remain members of the city's group health plan. Section F Retirement The city agrees to provide the Public Employees' Retirement System's 2% -2- at age 60 plan to all eligible employees including the amendment permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit and one year final compensation. The police and fire chiefs shall receive the same retirement benefits as sworn personnel in their department. The city further agrees to implement a plan whereby the city will pay the employee's current contribution (percentage of salary effective 7 -1 -81) on behalf of the employee to P.E.R.S. These amounts paid by the city are employee contributions and are paid by the city to satisfy the employee's . obligation to contribute the current percentage of salary to P.E.R.S. An employee has no option to receive the contributed amounts directly instead of having them paid by the city to P.E.R.S. on behalf of the employee. It is further understood and agreed that the payment of the employee's P.E.R.S. contribution is made subject to I.R.S. approval and reporting procedures. Section G Vacation Vacation leave is governed by Section 2708.7 of the Municipal Code except that it may be taken after the completion of the sixth calendar month of service since the benefit date. Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual accrual rate. However, if the City Administrator determines that a management employee has been unable to take vacation due to the press of city business, the City Administrator may increase the accrual limits or once annually authorize payment for one -half of the excess accumulation up to a maximum of five (5) days. In addition to vacation leave the City Administrator may grant up to five (5) days of administrative leave to department heads for special training or recuperation purposes. The City Attorney shall receive seventeen (17) days paid vacation per year. -3- Section H Holidays The twelve (12) holidays as provided by M.O.U. for the general employees' association shall apply to management personnel. Section I Sick Leave Sick leave is governed by Section 2708.5 of the Municipal Code. An employee may take up to two (2) days per year of sick leave if required to be away from the job to personally care for a member of his /her immediate family as defined in Section 2708.5. This may be extended to five (5) days per year if the family member is part of the employee's household, and to seven (7) days if a household family member is hospitalized and the employee submits written verification of such hospitalization. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (A) Death - 25% (B) Retirement and actual commencement of PERS benefits: (1) After ten (10) years of continuous employment - 10% (2) After twenty (20) years of continuous employment - 15% Section J Workers' Compensation Leave An employee who is absent from duty because of on- the -job injury in accordance with the state workers' compensation law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first ninety (90) business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. -4- Section K Vehicle Assignment For those management personnel who require the use of an automobile on a regular 24 -hour basis to perform their normal duties, the city will, at city option, provide a city vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for city business beyond the three - county area (San Luis Obispo, Monterey and Santa Barbara) will be eligible for mileage reimbursement in accordance with standard city policy. On motion of Councilman Bond , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Bond, Dunin, Dovey and Mayor Billig. NOES: None ABSENT: Councilman Settle the foregoing resolution was passed and adopted this 18th day of August 1981. ATTEST: CITY CLERK Pamela Voges. r Personnel Director -5- ��`S'or1��/ � U RESOLUTION NO. 4935 (1982 Series). A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS ASSOCIATION FOR THE PERIOD JULY 1, 1982 - JUNE 30, 1984 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. The Memorandum of Understanding between the City of San Luis Obispo and the San Luis Obispo Firefighters Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The following Personnel Service appropriation accounts are increased for the 1982/83 fiscal year: Account No. Description Increase Amount (85) 01 =4001 Fire - Administration $ 12,660 (85) 01 -4101 Fire- Emergency Response 78,040 (85) 01 -4201 Fire- Hazard Prevention 14,490 (85) 01 -4301 Fire- Training 3,380 $108,570 Section 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum.of Understanding approved by it to: Bob Neumann,'President SLOFFA; Ann McKibbin, Personnel Director; Rudy Muravez, Finance Director. On motion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin , AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 31st day of August ; 1982. ATTEST: CITY CLERK PAMELA V S ti J oYfiPi E IE C . BILLIG R 4935 -ti Resolution No. 4935 APPROVED: pad- a Ahp�� City Adfainistraftile Off cer / `Vf 4WL City Attorney 11�2" Financ ire r Personnel Director J (1982 Series) 1 2 3- 4 5 6 7 8. 9 -10 11 12 13 14 15 16 17 18 i 19 20 21 22 23 24 25 26 27 29 .'TABLE OF CONTENTS Article No.. Title Page No r 1 Parties -to !Agreement . . . . ... . . . . . 1 2 Recognition. . . . .. . . . . . . . . 2 3 Dues Deduction 4 -. Employee Rights . . . . . . . . . . . . .. . 4 5 Management Rights -. . . . . . 5 6 Representative Role . . . . . .. . . . . . . . . ... . 6 7 Grievance Procedure . . . . . . . . . . . . . . . 7 8 Salary 9 9 Pay Differentials . . . . . . . . . . . . 12 10 Overtime . . . . . . . . . . . . ... . . . . . 13 11 Emergency Call Back . . .. . . . .. . . . . 14 12 Work Out Of Grade ... . . .. . . . . 15 13 Standby . . . . . . .. . . , . . . . . . . . . . 16 14= Educational Incentive . . . . ... . . 17 15 Uniform Allowance . . . .. . . . . . . . . . 20 J 16 Insurance . . . . . . . . . . . . . . . 22 -17 Retiree's Medical Insurance . ... . . .. . . . . . . . 23 _.'l8._ Vacation Leave . . . . . . . . 24 19 . Holidays".. 25 20- Vacation and'Holi.day Leave For Shift Employees . . . . 26 2T Bereavement Leave . . . . . . . . . . . . . . . 27 22 Sick Leave .. . . . . . . . . . . . . . .. . . 28' 23 _, Worke'rs' Compensation Leave . . . . 29 24 Retirement . . . . _ . . . . . . .. . . . . . . - _ 30 25 Hours . . . . . . . . .. . 31. 26 'Performance. Appraisal Committee .. . . . . . . . . . . 32_ Article No. Title .Page No. 27 Salary Survey Cities .. ....': 33 28 Work Actions . . . . .... . 34 29. Full.Agreement . .. _ .. . . . . . 36 30 Savings Clause . . . , ., .'37 31 Battalion Chiefs ... .. . . . . . . . . .. . . . ..38 32 Term of Agreement . .. . . . . . . . . . . 39 Appendix "A" - Classifications .. .. . . . . .. . 40 Salary Range Table.. . . . . . . . . . . . . . 41 Appendix "B" - Work Schedule Illustration . . . . . . 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 ARTICLE I' PARTIES TO AGREEMENT This Agreement is made and entered into this first day of July,-1982,. by and between the .City -of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Firefighters'. Association, hereinafter referred to as Association. Nothing in this- Agreement between the parties shall invalidate nor'be substituted for any provision in City Resolution No. 3405 (1977-Series) unless so stipulated to by provision(s) contained herein and agreed to. The official title is ' "San .Luis Obispo Firemen's Association ". The term "Firefighters" is.used i,n this MOU to be consistent with the City's position on Affirmative Action.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution.No. 3405 1977 Series)', the City hereby recognizes the San Luis Obispo Fire- fighters' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth 1n Appendix A. in the Fire . Unit with respect to their compensation, hours and other.terms and conditions of employment for the duration of this Agreement. 1 ARTICLE 3 _ 2 DUES DEDUCTION 3 The City shall deduct dues from City employees and remit said dues to the 4 Association on a monthly basis for the duration of this Agreement, which 5 dues shall. not include assessments. 6 7 Monthly dues deduct.i:on additions and /or deletions shall be recorded by the 8 City's Finance Officer and a notification of all dues transactions shall 9 be sent monthly to the Association President. 10 11 The Association shall hold the City harmless from any and all claims, and 12 will indemnify it against such claims and any unusual costs in implementing 13 these provi "sions. 14 15 The Association shall refund to the City any amount paid to the Association 16 in error, upon presentation of supporting evidence.. 17 19 � � - 20 - 21 22. 23 24 25 26 27 28 _3_ _ I 2 3 4 5 6 7 8 9- 10 11- 12 13. 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 29 ARTICLE 4 EMPLOYEE RIGHTS Employees of-the City shall have, the right to form, join and participate in the activities of employee organizations of their own choosing.for the purpose of representation on all matters of employer - employee relations including but not limited to, wages,.hours and other terms and conditions of employment. Employees of the City also shall have the. right to.refuse to join or participate in the activities of employee organizations and shall . have the right to represent themselves individually in thei'r.employment relations with the.City. No.employee,,shall be. interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 5' MANAGEMENT RIGHTS The rights of the City, include, but are not'limited to, the exclusive right to determine the mission of its constituent departments, commissions and - boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplin- ary action;-relieve-its employees from,duty.because of lack of• work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and 'exercise complete control and discretion over its organization and the technology 4for performing its work. -.5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 :25 26 27 29 c- ARTICLE 6 REPRESENTATIVE ROLE Members of any recognized employee organization may, by.a reasonable method, select not more than three.employee members of such organization and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope.of representation during regular duty or work hour without loss of compensation or other benefits. The employee organization shall, whenever practicable, submit the name(s) of each employee representa- tive to the Municipal Employee Relations Officer at least two working days in, advance of such meeting. Provided further: (1) That no employee re presentative.shall leave his or her duty or work station or assignment without_speci'fic approval of the .;department head or other authorized City management official. If employee representatives cannot be released, date.of meeting will be /rescheduled in accordance with item (2) below. (2) That any such meeting i.s subject to scheduling by City management consiste'n't with. operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management ,from schedul.ing such meetings before.or after regular duty or work hours. '.m 1 2 3 4 5 6 7 8 9 10 _ 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 .J5 26 27 28 ARTICLE 7 GRIEVANCE PROCEDURE (3 A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Understanding, excluding disciplinary matters, or other matters as fall within the scope of representation. Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany him /her at each step of the process. If the matter can -be resolved at that level to-the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied,'the employee may immediately submit the grievance in writing to the department head for consideration, stating the facts on which.it was based, including the provision of the rules, regula- tions, or agreement said to be violated, and the proposed remedy. This action must take .place within fifteen (15) business days of the occurrence' of the grievance. The department head shall promptly consider the-grievance and render a decision in' writing within fifteen (15) business days of receiv ing the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. C. If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the Personnel'.Director within five (5) business days of receiving the department head's decision. The Personnel Director shall confer with the employee and the department head and any:other'interested parties, and shall conduct such other investigations as may be advisable. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16- - 17 18 19 20 26 27 28 C • D. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen. (15) business days of receiving the employee's.written request. The City Administrative Officer will meet with the employee if the employee so desires before rendering a decision viith respect to the complaint. The City Admini.strative.Officer's decision shall be in writing and given the employee within fifteen (15) business days of receiving the Personnel .Director's results and findings. Such decision shall be final unless employee desires the Personnel.Board to review the decision. If such is the case, the employee will have five (5) business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board ;through the Personnel Director for a review of the decision.) The Personnel Board within thirty (30) business days shall review the record and either (1) issue an advisory opinion to•the City Administrative Officer.; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing. If an opinion signed by at least three (3) members. of.the Personnel Board recommends overruling or modifying the City Adminis- trative Officer's decision, the City Administrative Officer shall comply or appeal-this recommendation to the City Council. Such appeal shall be filed faith the City Clerk within three (3) business days of the Board's action. If appealed-, the City Council shall review the case on the record and render a final' decision within-fifteen (15) business days of submittal. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18: 19 25 26 27 28 0 ARTICLE 8 SALARY 0 Section A Rules Governing Step Increases The rules governing step increases for employees covered by this MOU are included in the current Salary ,Resolution with the following modification: The Fire Chief shall be authorized to reevaluate employees who reach Step 5 in their pay range. An employee who is not performing up:to standard for the fifth step shall.be notified in writing that the department head intends to reduce him one step unless his job performance improves significantly within a 60 -day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The fifth step may be reinstated at any time upon recommen dation of the department head. If the Fire Chief deems it necessary to again remove the fifth step durina. the same fiscal year, he may make the change at any time with three business days written notice. Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar. Step 4 = 95'10 of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 Each'across -the board % salary increase shall raise step 5 of range 14F by that %. Step 5 of each successive salary range shall be 2.63% above step 5 of the next lower range. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest $1.00 and the remaining steps establishe61 n accordance with the above formula. Employees who are eligible for advancement to Step 4 or 5 after June 30, mom 1 .1981, must receive at least an "Above Satisfacto:ry'. rating on their most 2- recent performance.evaluation prior to.or coincident with their being 3 eligible for advancement by.time in grade. 4 5 Section B Salary Provisions for'Term of Agreement 6 1. The parties agree to a five percent (5 %) salary increase effective 1 7 July 1982 for all employees who are City employees on the day this 8 Agreement is formally - approved by the City Council. The pay adjustment, 9 if any, required for the period from 1 July 1982, to the implementation 10 date of this Agreement shall be computed at five percent (5 %) of the 11 gross earnings of each employee, as defined above, during that time 12 period. 13 2• The parties agree to a three percent (3 %) salary increase effective 1 14 January 1983 for all employees covered by this Agreement. 15 3. The parties agree that effective 1 July ,1983 all employees covered by 16 this Agreement shall receive a salary increase based on the change in the 17 Consumer Price Index for all Urban Consumers, Los Angeles, Long Beach, 18 Anahiem Metropolitan Area, all items as published b.y the Bureau of Labor 19 Statistics, U.S. Department of Labor., The increase shall equal three 20 quarters (3/4) of the oercentage. "increase from May 1982 to May 1983 as 21 published on or about 23 June 1:983 "by -'the B -.L.S. In'no event shall the 22 salary increase he less- than.fi_ve percent (5%),nor more than ten percent 23 (10 %). 24 25 Section C "Y" Rating _- 26 An employee who is not performing up to established job standards may be "Y" 27 rated, freezing.his salary until -such time as there is an improved job 29 performance. The department head shall gi -ve 60 days written notice to any -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employee he intends'to "V .rate,.giving the employee an opportunity to correct any deficiencies. A "Y" rated employee would receive neither step increases nor salary increases granted by the City Council in an MOU or resolution. The "Y" rating.procedure shall not result (then or later) in the employee being frozen below the next lower step of the new range. Section D Payday Paychecks wil•1 be disbursed on the 7th and 22nd of.each month.. If the 7th or 22nd falls on a weekend or holiday, payment shall be made the preceding business day. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. Section E Paychecks Prior to Vacation If an employee is taking vacation leave and wishes to receive his regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation -*eime coming to cover the pay period. -11- 1 2 3 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 .24 25 26 27 28 c nnrrr� r n PAY DIFFEPENTIALS Section A Mutual Aid "Combat Type'' Employees assigned to mutual aid- "combat type" situations and who are actually engaged in such situations (not merely standby or acting as back up) shall be paid an extra half hour's pay for each hour worked even though they are working as part of their regular work schedule. Section B Management Bonus_'Pay Plan . The Fire Chief may:implement a bonus/incentive pay plan for Battalion Chiefs to- provide a monetary incentive /reward system for actions on behalf of the betterment of fire service to the City. Funds for this program are not.tharged to the cost of this agreement, The Association will. be notified prior to implementation and may request a meet and confer session, if desired: Section C E.M.T. Differential - The City shall pay a,2.63 %.p4y differential to those firefighters assigned to E X T: duty provided that no. more than two firefighters per shift are eligible a't`one time for this differential. The City and the Fi'e.fighters Association agree to conduct a study prior to May 1, 1.983, concerning the1E.M.T, program and compensation. Such study and recommendations will be presented to,Council for consideration prior to July 1, 1983. -12- 1 2 3 4 5 6- 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 28 ARTICLE 10 1. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall.receive overtime pay at time- and - one -half computed at their.base.sal.ary for those.hours worked for non= emergency purposes i-n excess of regularly scheduled shifts. 2. Fire Battalion Chiefs, the Fire Marshal and the Training Battalion Chief shall not be eligible for overtime. pay. However, the Fire Chief may grant employees in these classifications occasional compensating time off (CTO). There will be no formal accounting of or cash payoff at termination for such CTO. 3. All other personnel shall receive overtime pay at time - and -one -half computed at their base; salary for all hours worked 'in excess of forty (40) hours per week including holiday, sick leave and vacation unless they elect to take.compensating time off at straight time. 4. All overtime shall be authorized in writing,by the Fire Chief prior. to being compensated. 5. All overtime shall be paid to the nearest quarter hour worked where no minimum is authorized. -13- 1 2 3 4 5 6 7 8 9 iC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE CID EMERGENCY CALL BACK. Sworn personnel called back for emergencies invol.ving actual.firefighting shall be paid -on a time- and- one -half basis with a 4 -hour minimum guarantee. Inspectors `responding to an emergency callback shall be paid on a time -and- one- ha- lf.basis with a 2 -hour minimum guarantee When acting in the capacity of an Inspector at the scene.or in immediate follow -up investigative work. Emergency pay (at' time- and - one -half) shall remain in effect for the first twenty -four hours per incident under these provisions with any additional. time worked 'paid at straight. time. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 -20 ' �21 22 23 24 . _Z5 26 27 28 ARTICLE.12 WORK OUT OF GRADE Employees temporarily assigned to work in a higher classification will- receive one.step additi.onal pay but in no case more than the top step:for the higher classification under the-following conditions: V. The assignment exceeds ten consecutive work days, or five consecutive shifts for all shift employees; in which case the step increase becomes effective on the eleventh work day or in the 6th shift. 2. The person being temporarily replaced i.s on extended sick or disability leave or the postion is vacant and an examination is pending. Employees not eligible for the step.increase,(under.10 days) shall receive credit for compensating time off (CTO) on the-following basis: Hours Worked • CTO Earned 2 -12 1 /2hour 12 -24 1 hour -15_. - 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 1 -2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (7" ARTICLE 14 0 EDUCATIONAL INCENTIVE The City agrees to establish and educational incentive pay plan. The educational incentive pay will be paid pursuant to one of the two plans outlined below: nt RRI A 1. Definition of Eligibility. A. A1.1 employees currently receiving educational incentive pay as of 6/30/81. B. All employees below the: rank of Fire Marshal /Battalion Chief meeting the following requirements: (1) Have been employed by the department for at least one year as of 9/30/81. (2) Have completed by June 30, 1981 at least 30'semester units toward approved degree including having successfully completed a minimum of six semester units within the last 18 months. (3) Successfully complete at least -six semester units per year until degree is complete; and (4) Must receive degree by December 31,- 1983.- - 2.: Basic Benefits.. Educational incentive pay shall -.,not start for one year after employment with the City -of San Luis Obispo, but credit will be given for approved education obtained prior to that time. The basic benefit will consist of $50-per.month for,.00sseslion of an A.A., or equivalent-degree from an accredited community or junior college, and One hundred per month for a`--B.A. or equivalent- degree from an accredited four year college or university. Total incentive nay shall in no case exceed One Hundred Dollars per month, 3. Job Related Fields. Decrees must be in fields which are directly job -17= 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 26 27 28 .0 . - related and if not, at least 30 semester units leading toward the appropriate degree with a grade of "C" or better must be included. 4. Application and - Approval. Application for the.incentive pay shall be made by the employee to the department head at least .3O days before the date the payment of the incentive pay is to be effective.. Approval of the. department head,and the Personnel Director shall be required. 5. Unsatisfactory Performahce: In the event an employee receiving the incentive pay is not performing up the established standards set for the job, the department head with the concurrence of the Administrative 1 Officer, may suspend payment of the incentive pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department,head and concurred in by the Administrative Officer. 6. Non - Applicability. -It-is the City's intention not to pay the education- al incentive for any degree which is required for the position held by the employee. Educational incentives shall not be paid for education received on City time. The _educati.on incentive shall be removed if the employee is promoted to a position'whi -cK does not entitle employee to such incentive. PLAN B 1. Defirrition',of , i= ib� ility.` A. All current employees including. Fire Marshal /Battalion Chiefs, not eli "gable for Plan A. - B. All employees hired on or subsequent -to June 30, 1981. 2. Eligibility. Z. A. Employees eligible for Plan B must be employed by the City of San Luis Obispo for one year before any payment will be made. B. Must successfully complete within a 12 -month period, commencing on 48—) 1 . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19. 20 21 22 23 24' 25 26 27- 28 or after July 1, 1930, 6 semester units, or 9 quarter units, in college level coursework in fire science courses or classes approved by the Fire Chief.: Provided such courses shall be completed at-the employee's.own expenseand during off -duty hours. 3. Incentive Pay. The educational incentive pay.shall- be $50.00 per month for a period of 12 months. Tuition and Rooks If an employee holds a position which does not qualify him for incentive pay, -the employee will'be eligible to receive payment for 50% of tuition and books for approved job- related courses upon satisfactory completion of same with a grade of "C" or better. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 15 UNIFORM ALLOWANCE' A. Each sworn employee shall be required to wear an approved uniform to promote the department's public image, except for the positions designated by the Fire Chief as only requiring occasional usage. Such positions shall receive one -half of the regular allowance. Each employee shal "1 receive an annual allowance of $300 paid semi- annually to be spent on the purchase and maintenance of department- approved uniforms. Said allowance shall be paid directly to each eligible employee on the 7th of July and on the 7th of January unless said payment is ordered withheld by the Fire. Chief pursuant to disciplinary action. The Fire Chief or his designated representative shall conduct an inspection. at least once a year to ensure that each employee has the minimum number of uniforms and that all uniforms meet department "standards.regarding safety and appearance. Employees whose uniforms -do not meet standards may have future allowances withheld or be subject to disciplinary action. This allowance shall not be paid for any employee who .is off duty due to a j related injury at the start of any calendar 'six -month period. If the employee returns to work during that six -month period; his /her uniform allowance will be prorated. B. A uniform allowance cash advance wi*ll'be.given. to. new-employees for purchase of their uniforms. If"the employee severs employment with the City or is terminated within one (1) year;'then, cash advance shall be deducted from the employee's last,paycheck. C. Where the agreement refers to..un iform standards, it shall mean the following: The Fire Chief shall establish and maintain a set of stan- dards for the maintenance, care and wearing of employee uniforms, Such standards shall be on file in the Fire Chief's office, in each fire 2�- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RR 26 27 28 C 0 station, and in the Personnel Director's office. -21- 1 ARTICLE 16' 2 INSURANCE' 3 A. Effective.l July 1982; City agrees to contribute $127.40 per month for 4 medical, dental and life insurance for each regular, full time employee 5 covered by this Agreement. 6 B. - Effective 1 July 1983, City agrees to contribute $132.40 per month for 7 medical, dental; and life insurance for each regular, full time employee 8 covered by this agreement. 9 C.. City shall pay to each full -time regular employee on December 22,E 10 -an annual lump sum payment (subject to appropriate taxation) for the 11 difference between the amounts provided under Sections A R B above, or 12 the prorated share for less than full time employees, and any lesser sum 13 expended by the employee for medical and dental coverage for the period 14 of January 1 through December 31. Each employee shall be required to 15 carry both medical and dental insurance for self. The City agrees to 16 maintain the current level of benefits but reserves the right to choose 17 insurance carriers and /or the method of insuring and funding'.these 18 benefits. 19 20 ._ 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 19 18 19 W 21 22 23 24 25 26 27 29 G ARTICLE 17, RETIREE'S MEDICAL INSURANCE . Employees covered by this Agreement who meet al:l of the conditions set forth below may continue group medical coverage at group rate paid totally by the employee. The qualifying conditions are: A. The employee must retire from City service, apply for and actually receive retirement benefits through the City's retirement system. B. The employee must be at least 50 years of age. C. The employee must have at least ten (10) years of service with the City.. D. The employee may have dependent coverage only for those dependents covered for the last year of employment with the City.. E. All employee and dependent. coverage will cease upon the death of the employee or upon'the employee reaching age 65. This benefit only applies to employees who retire during the term of this Agreement. This benefit shall continue beyond June 30, 1984., if, and only if,-there is mutual agreement of the parties to continue-.°such benefit. =23= i 1 ARTICLE- 18 2 VACATION LEAVE 3 1. Each incumbent of a 40 -hour a week line -item position shall accrue 4 vacation leave with pay at the' rate of 12 days per year of continuous 5 service since the benefit date for the first five years; 15 days per 6 year upon completion of five years; 18 days per year upon completion 7 of ten years; and 20 days per year upon completion-of twenty years. 8 Employees scheduled for more.than 40 hours per week shall receive 9 the equivalent number of vacation days prorated to the number of 10 regularly scheduled work hours. 11 2. An incumbent is not eligible to use accrued Vacation leave until after 12 the completion of the sixth calendar month of service since the benefit 13 date. 14 3. A regular employee,who leaves the City service shall receive payment 15 for any unused vacation leave.. Probationary employees with less than 16 12 months of continuous service shall not be eligible for such payment. 17 4. Department Heads'- shallrbe responsible for. arranging a Vacation schedule; 18 first with the needs of the City as the determining factor and, second, 19 insofar as possible, with the wishes of the employee., 20 5. There will be,no accrual of vacation leave to'non-shift employees in 21 excess of 200,hours`or 25 accrued days. Maximum accrual of vacation 22 leave . for shift employees is governed by.Article 20. 23 -24 25 26 27 28 - -24- 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 0 E ARTICLE 1;° HOLIDAYS The following days of each year are designated as paid holidays: January 1 - New - Year's Day February 12 - Lincoln's Birthday Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence.Day First Monday in September - Labor Day September 9.- Admission Day Fourth Monday in October - Veteran'.s Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December -25 - Christmas One -half day before Christmas One -half day.before`New Year.'_s. When a holiday`falls.on. a Saturday.,.the preceding Friday shall be observed. When a holiday,falls on.a 5 unday, the following Monday shall be observed. 1 ARTICLE 20 2 VACATION AND HOLIDAY LEAVE FOR SHIFT EMPLOYEES 3 Each employee on 24 -hour shift duty shall earn 5.6 hours of holiday leave 4 semi- monthly, in lieu of fixed holidays. 5 6 Each employee will receive payment at the straight time hourly rate, for 7 1/2 of the holiday leave (2.8 hours) each semi-monthly-payroll period. 8 During the period July 1 through June 30, each employee has the option, 9 subject to the approval of the Fire Chief or his /her designated represen- 10 tative, of taking the remaining (67.2.hours annually) holiday leave off or 11 being paid at straight time for any unused leave. Any holiday leave not 12- taken as of June 30 will be. paid off at the straight time rate. This 2.8 13 hour semi- monthly straight time pay shall not be considered part of the base. 14 hourly rate. 15 16 Employees on shift duty shall be able-.to accrue to a maximum of 414.4 hours 17 of time from the combination of vacation leave and holiday leave.. Specific 18 vacation accrual rates are set forth in Article 18, Vacation Leave. Payment 19 for one half of holiday time in lieu of holiday time off shall continue. 20 beyond 30 June 1984, if, and only if, there is mutual agreement of the parties 21 to continue such practice. Furthermore, unless.the parties agree otherwise, 22 „ -effective 1 July 1984 an employee shall be able. to accrue to a maximum of 280 23 - hours of vacation and 134.4 hours of holiday time.. 24 25, 26 27 28 -.26- 1 2 3' 4 5 6 7 8 9 1C 11 12 13 14 15 16 1.7 18 19 20 21 22. 23 ' 24 25 26 27 28 ARTICLE 21 BEREAVEMENT LEAVE At each employee's option, absence from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step- parent, step = brother„ step- sister, grandparent, or any other relative living in the same household., provided such leave as defined in.this.section,shall not exceed five (5) working days from each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information given concerning the death of relationship shall be cause for discharge. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 2-. SICK LEAVE Sick leave is governed.by Section'2708.5 of the Municipal Code. 1. Upon termination of employment -by death or retirement, a percentage . of the dollar value of-the employee's accumulated sick leave will be paid to.the-employee, or the designated beneficiary or beneficiaries, according to the following schedule: (a) Death - 50% Such payment shall be made within seventy -two hours of notice to the _City'of an employee's death. (b) Retirement and actual commencement of PERS benefits; (1) After ten years of continuous employment- - 10% (2) After twenty years of continuous employment- 15% (c) Job- related disability retirement and actual commencement of PERS benefits - 75% with a maximum of 1.000 hours payoff (75% of 1333.3 accrued hours.) 2. An employee may take up to three days per year of sick leave or the shift equivalent. for shift-employees (33.6 hours) if required to be away.from the job to personally care for a member of his /her immediate family'— A_mem6er of the_employe.ets immediate family, shall mean spouse, chi d;,brother;.sister, parent, parent -in -law, stepparent, step- brother,;step- sister, grandparent, or any other relative living in the -same household. !e 1 2 .3 4 5 6 7 8 9 10 11. 12 13 14 15 -16' 17 .- 18 e -. 19 20" 21. 2i , 23 24 25 26 27 . 28 ARTICLE 23 WORKERS' COMPENSATION LEAVE Any employee who is_abserit from duty because of on- the -job injury in accordance with state workers' compensation law and is.not eligible for disability payments under Labor Code Section 4850, shall be paid the difference between his bas salary and the amount provided by workers' compensation law during the first 90 days of such disability absence. The only position currently eligible for this benefi-t is the.Fire Vehicle Mechanic. -29- 1- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .16 17 18 19 20 21 23— 214 25, 26 27 28 i i ARTICLE 24 RETIREMENT A. The City agrees to provide the Public Employees' Retirement System's one-half pay at age 55 plan to all sworn personn6.1 and the 2% at age 60 plan to all non-;sworn personneL The one-half at age 55 plan include! five amendments, namely., Post-Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit, age 50 voluntary retirement, and one=year final compensation,. Thd 2% at 60.plan has two amendments; 1959 Survivor's Benefit and one year final compensation. B. Effective 1--July 1983, City agrees to provide PERS 2% at 55 for sworn .personnel and 2% at 60 for'unsworn personnel, with amendments as, specified.in A. -30-m I 2 3 4 5 6 7 8 9 10 11 12 13 X14 15 16- 17. ,19 20 31 .. 22 - 23 24 25 26 27 28 ARTICLE'25 HOURS A. Employees assigned to a 24 -hour shift schedule, shall work a shift schedule which, over a period of one year-, shall average approximately fifty -six (56) hours per week. For purposes of illustration only, a copy of the shift schedule pattern is set forth -in Appendix B. A work shift is defined as a work period of twenty -four (24) hours, commencing at 0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.) B. Shift'Exchange:- The Fire Chief or his representative may authorize employees covered by-this Agreement to exchange shift assignments with other.department employees of,equal rank or qualifications for the position. C. Vacation Exchange - Thee Fire Chief or-his representative may authorize employees covered by this Agreement to exchange vacation leave with of department employees of equal rank or qualifications for, the.position. D.- Early.Relief - The Fire Chief or his representative may authorize employees covered by this Agreement to relieve another department employee of equal rank or qualifications for the position prior to the end of the scheduled shift. -31- ARTICLE 26 PERFORMANCE APPRAISAL COMMITTEE' A committee will be formed no later than 4/82 includi.ng members selected by the Firefighters' Association.,-members appointed by the Fire Chief, and - the Personnel Director to evaluate and make recommended changes in the performance appraisal system for fire personnel. One of the committee's tasks will be to evaluate the requirement for "above satisfactory" for consideration for advancement to 4th and 5th step placement.. It is aritici- pated that the committee will make formal recommendations by 1/83. -32- �y i -32- 1 2 -3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 i8 19 20 21 22 -23 24 25 26 27 28 ARTICLE 17 SALARY SURVEY CITIES Cities to be..used for review of salaries shall include: Barstow Carlsbad. Escondido Eureka Lompoc Monterey Oceanside Redding - Redlands Salinas Santa Barbara Santa Cruz Santa Maria Santa Rosa Vista It is aareed that, during the negotiations to produce a,successor Agreement, either party-may propose changes to the above list of cities.. A revised, mutually agreed upon list, may be used during 'the negowtiations to ,produce a successor Agreement.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18- 19 20 •21 .. 23 24 25 26 27 28 C: ARTICLE 28 WORK ACTIONS Participation by an employee in a strike or a concerted work stoppage is unlawful and shall terminate the employment relation. Provided however that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. (a) Employee organizations shall not hinder, delay, or interfere coerce employees' of the City to hinder, delay., or interfere with the peaceful performance of City services.by strike, concerted work stoppage, cessation of-work, slow -down, sit -down, stay -away, or unlawful picketing. (b) In the event that there occurs any strike; concerted work stoppage, or any other form of,interfe.rence with or limitation of the peace- - --`'1- - -, ful performance of City services prohibited by Article_28'(a) hereof, the City,-in addition to any other lawful remedies or disciplinary actions, may by action of the Municipal Employee. Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin,,/boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or ;organiza- tions participating in such actions. (c) Employee members of any employee organization shall not be locked out or prevented by management officials from performing .their assigned duties when such employees are willing and able to perform such duties in the customary manner and at a reasonable level of efficiency. Any decision made under the provisions of.this Section may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts-upon _34_� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19' . `20 21 -22 23 24 .25 26 27 29 which the appeal is based. Such Notice of'Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the-complaint is based, or it will be considered closed and not- subject to any other appeal. 1 2 3 4 5 6 7 8 9 10 .li I 12 13 14 15 16 17 18 19 20 . 21 I 22 23 24 25 26 27 28 i. ARTICLE 29� FULL AGREEMENT It is understood this Agreement represents a complete and final understand -. ing on all negotiable issues between the City and the Association. This Agreement'supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the.Association except as specifically referred.to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have:been within.the knowledge of the parties at the time this Agreement was negotiated and' signed. In the event. any new practice, subject or matter arises during the term of this Agreement.and an action is proposed by the City, the Association.shall be afforded notice and shall have the right to meet and.confer upon request. r ^� '36 1 ARTICLE(3 2 SAVINGS CLAUSE- 3 If any provision of this Agreement should be held invalid by operation of 4 law or by any court of competent jurisdiction, or if compliance with or 5 enforcement of any provision should be restrained by any tribunal, the 6 remainder of this Agreement shall -not be affected thereby, and the parties 7 shall enter'into a meet and 'confer session for the sole purpose of arriving 8 at a mutually satisfactory replacement for such provision within a thirty. 9 (30 day work period.. If no Agreement has been reached, the parties agree 10 to invoke the provision of impasse under Section 13 of City Resolution 11 No. 3405 (1977 Series). 12 .13 14 15 16. 17 18 . 19 20 21 o 22 _.- 23 ` 24 26 27 ' . 28 - 37� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 w 16 17 f l8 19 _20. 21 22 23 24 25. 26 27 29 ARTICLE 31 BATTALLON CHIEFS .No later than.November, 1982, there shall be an election among the mid management classes in.thei "r unit to decide if they will. remain within this unit. Prior to the election, management and the Association shall meet to -(1) prepare an election procedure, (2) prepare the wording on the ballot, and (3) prepare a resolution -for adoption by'the City Council "to continue current salary and benefits as required. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .17 18 .Y 27 28 ARTICLE 32 TERM OF AGREEMENT This Agreement shall become effective as of July.l, 1982 and shall continue in full force and effect until expiration at midnight, June,30, 1984. SIGNATURES 1. Classifications-covered by this Agreement and included within this unit'are shown in Appendix "A ". 2. This Agreement-does not apply to Temporary Employees or Part -time employees. This Agreement becomes effective July 1, 1982 as witnessed hereto by the following parties'. . CITY OF SAN LUIS OBISPO - --Don Becker, 'City Consultant Ann McKibbin, Personnel Director � J SAN LUIS-OBISPO FIREFIGHTERS' ASSOC. Robert F. Neumann, President Thomas D: Zeulner MM SAN LUIS-OBISPO FIREFIGHTERS' ASSOC. Robert F. Neumann, President Thomas D: Zeulner MM 1 2 3: 4 5 6 .7 8 9 10 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX A CLASSIF.ICATiON CODE . SALARY RANGE Fire-fighter 705 21 F Fire Vehicle Mechanic 444 .' 22 F Fire .Eng'i'neer /Inspector 707 24 F Fire Captain.(Prevention) 713 30 F Fire Captain (Suppression). 715 30 F, _Fire Battalion Chief _ 725 36-F Fire Battalion Chief /Traini'ng Officer 726 36 F Fire Marshal /Battal-ion Chief 730 36 F Actual salaries for each of the ranges listed above are on page 41. -40 -� EFFECTIVE- .7 -1 -82 SALARY RANGE C ITV !:r SAN LUI S OBISPO - SALARY ,.ANGE TAELE STEP 1 STEF 2 STEP 3 STEP 4 DE0023 -RO34 STEP 5 14F 12S3.CC 1361.00 1433.00 1508.00 1588.0C 15F 1327.CC 1397.00 1471.CC 1548.00 1629.00 16F 1362.00 1434.CC 15C9.00 1589.00 1672.00 17F 1348.00 14.71.CC 1.549.CC 1630.00 1716.00 18F 1435.00 1510.0 1590.00 1673.00 1761.00 19F 1472.CC 1550.00 1631.00 1717.00 1808.00 20F 1511.00 15S1.CC- 1674.CO 1762.00 1855.CC 21F 1551.CC 1632.00 1718.CC 1809.00 19004.00 22F 1592.CC 1675.0C 1764.00 1856.00 19554.00 23F 1633.00 1719.CO 1810.0C iS05.CC 20C5.00 24F 1676.00 1765.CC 1858.00 1955.DC 2058.00 25F 1720.CC 181.1.00 1906.00 2007.00" 2112.00 26F 1766.00 1859.CC 1956.CC 2059.00 2168.00 27F 1812.CC 19C8.00 2008.CO 2114.CC 2225.00 28F 1860.00 1958.CC 2061.00 2169.00 2283.00 29F 19C9.0C 2CC9.00 2115.00 2226.00 2343.00 30F 1959.00 2062.00 2171.00 2285.00 2405.00 31F 2010.CC 2116.00 2228.CC 2345.00 2468.00 32F 2063.00 2172.00 2286.CC 2407.00 253.3.00 33F 2118.00 2229.CC 2346.00 2470.00 2600.00 34F 2173.00 2288.00 2408.00 2535.00 2668.00 35F 223C.00 2348.00 2471.00 26C1.CC 2738.00 36F 2289.00 2410.CO 2.536.G0 2670.00 2810.00 -41- 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 26 21, 22 23 24 25 26 27 28 APPENDIX,B WORK SCHEDULER LLUSTRATION For purposes of illustration only, the shift schedule pattern for employees working a fifty -six (56) hour work week consists of five (5) twenty -four (24) hour on -duty periods within a fifteen (15) day cycle which is worked in accordance with the following chart: X =:24 -hour on -duty period 0 =-24 -hour off -duty period SCHEDULE: XOXOXOXOX000000 �42 ; RESOLUTION NO. 4934 (1982 Series) A RESOLUTION OF THE COUNCIL OF'THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS ASSOCIATION FOR THE PERIOD JULY 1, 1982 - JUNE 30, 1984 BE IT RESOLVED by the Council of-the City of San Luis Obispo as follows: Section 1. The Memorandum of Understanding between the City of San Luis Obispo and the San Luis Obispo Police Officers Association; attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and, ratified.. Section 2. The following Personnel Service appropriation accounts are increased for the 1982/83 fiscal year: Account No. Description Increase Amount (80) 01 -3501. Police- Administration $ 12,470 (80) 01 -3601 Police- Investigation 16,080 (80) 01 -3701 Police- Patrol 90,570 (80) 01 -3801 Police- Technical Services _251,230 $144350 Section 3.. The City Clerk shall furnish a copy of this resolution and A , copy of the executed Memorandum of Understanding approved by it to: Steve Miller, President SLOPOA;• Ann McKibbin, Personnel Director; Rudy Muravez, Finance Director. On mot -ion of Councilman Settle and on the following roll call vote: seconded by Councilman Dunin AYES: Councilmembers Settle., Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and .adopted this 31'st day' of A „g „cr 1982. AT TE MA OR- L IE C. BILLIG CI CLERK PAMELA VOG R 4934 r.. Resolution No. 4934 APPROVED: ea-,e a City Administrative Officer /"Li City Attorney Finance Di cto 1 A� -✓% Personnel Director (1982 Series) " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 .17 18.. 19 -20. 21 ` 22' - 23 24 25 26 27 28 MEMORANDUM OF UNDERSTANDING SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION -JULY 1, 1982 Through TABLE OF CONTENTS Article No.. Title Page NO I Preamble . . 1 II Recognition '. 2 III Check Off /Dues Deduction . . . . . . . . . . . . . .. .3 IV Management Rights /Employee Rights -. . . . . . 4 V Definitions .. ... . . . . . . . . .... . . . 5 VI Representative Role . . . . . -. . . . ... 6 VII Salary . . . . . . . . . . . . . . . . . . . . . . . . 7 VIII Benefits . . . . . . . . . . . . . . 12 IX Working Conditions . . . . . . . . . . . . . . . . . 18 X Retirement . . . . . :. . .... . . . . . . . . . . . . 19 XI Policy, and Procedure Committee . _ . . . . . . . . . 2$ XII Grievance Procedure . . .. . . . . . 2t XIII General Provisions . . . . . : . . . . . . . . . r 23, XIV Work Actions . . . ... . . . . .. . . . . . . . . . . . 25' �XV ; Full Agreement ... 27i XVI - Savings Clause . . . 281 XVII .-Retiree's Medical Insurance . . . . . . . . 29� XVI -II Non= Substantive Revisions . . . 30� XIX_ Openers V 31), ~ �...XX Renegotiations . . . . . . . . . : . . . . . . . .32- XX,I Layoffs . : . . . . . . . . . . . . . . 3J, XXI,I Term Of Agreement . . . . . . . . . . . 34; .Appendix A - Classi.fication . . . . . . . . . . 35) Appendix B : . . . . . . . . . . . . . . . . . . 361 1 ARTICLE I 2 PREAMBLE 3 This Agreement is made and entered into this day of , 4 1982, by and between the City of San Luis Obispo, hereinafter referred to as 5 City, and the San Luis Obispo Police Officers' Association;. 6 7 The purpose of this Agreement'is to promote the improvement of personnel 8 management and employer /employee relations, provide an equitable and peaceful 9 procedure for the resolution of differences and establish rates of pay and 10 other terms and conditions of employment. - 11 12 The City and the Police-Officers' Association.agree that all employees of 13 the City-share in the important responsibility of providing superior service 14 to the public and that every job and position is considered to be important 15 16 Nothing in this Agreement between the, parties sha-11 invalidate or be sub - 17 stituted for any provision in City Resolution No. 3405 (1977 Series) unless 18 so stipulated to by provision(s) contained herein and agreed to. 19 -20 21. 22 23 .i 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 r8 . t 19' 20 _ 21 22 23 :: 24 25 26 27. 28 ARTICLE II RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405 (1977 Series), the City hereby recognizes the San Luis Obispo Police Officers' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix AD, in the Police Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of this Agreement. No later than November, 1982, . there shall be an election among.the mid - management classifications in this unit to decide if they will remain with- in this unit. Prior to the election, management and the Association shall meet to (1) prepare an election procedure, (2) prepare the wording on the ballot, and (3) prepare.a resolution for adoption by the City Council to continue current salary and benefits as.requi.red. 00 -2- 1 ARTICLE'III 2 CHECK OFF/DUES DEDUCTION 3 The City shall deduct dues from City employees and remit said dues to the 4 Association on a monthly basis for the duration of this Agreement., which 5 dues shall not include assessments. 6 7 Monthly dues deduction-, additions, and /or deletions shall be recorded by $ the City's Finance Officer and a notification of all dues transactions g shall be sent monthly to the Association President. 10 11 The Association shall hold the City harmless from any and-al -1 clai'ms,.and 12 will indemnify it against any unusal costs in implementing these provisions. 13 14 Additional provisions can be found in Section 20 of Resolution No. 3405 15 (1977 Series). 16 17 19 20- 21 22 - r 23- _ 24 J 25 26 27 29 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20- 21_ 22 23 24 25 26 27 28 nnrTrI r tv MANAGEMENT RIGHTS /EMPLOYEE RIGHTS . EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee-relations including but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent. themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against be(��use of the exercise of these rights. MANAGEMENT RIGHTS The rights of the City include, but are not limited to, the - exclusive right to determine the mission of its constituent departments, commissions and_ boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplin- ary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental•.operations' ;. determine the methods, means and personnel by which government operations are to'be conducted; determine the content of the job classifications; take -all,' necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology for performing its work. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 29 ARTICLE V DEFINITIONS For purposes of specification and clarification, the following definition is provided: Above Satisfactory: shall mean performance which exemplifies the,employee's productivity in both quantity and quality to meet department standards for the position the employee.holds. Also, that said performance shows a consistent attitude of.performing one's work in the best interest of the department and City in providing service to the general public. A committee including Association member(s), departmental management and the Personnel Director shall recommend changes to the performance evaluation system. 'The changes may include standardized evaluation criteria. One of the committee's tasks will be to evaluate the requirement for "above satisfactory" for consideration for advancement to 4th and 5th step place- ment.. The committee's recommendation to be submitted March, 1983, or sooner. 5- 1 ARTICLE VI 2 REPRESENTATIVE ROLE 3 Members of any recognized - employee :organization may, by a reasonable method, 4 select'not.more than three-employee members of such organization and one 5 - employee observer to meet and confer with the.Municipal Employee Relations 6 Officer and other management officials (after written certification of such 7 selection is provided by an authorized official of the organization) on 8 subjects within the scope.of representation during regular duty or work hours 9 without loss of compensation or other. benefits. The employee organization 10 shall, whenever practicable, submit the name(s) of each employee representa- 1.1 tive to the Municipal Employee Relations Officer at least two working days 12 in advance of such meeting. 13 Provided further: 14 (1) That no employee representative shall leave his or her duty or 15 work station or .assignment without specific approval of the 16 department head or other authorized City management official. If 19 employee representatives cannot.be released, date of-meet'ing will 18 be rescheduled in accordance with item (2) below. 19 (2) That any such meeting is subject to scheduling by City management 20 consistent with operating needs and work schedules. .Nothing 21 provided herein, however, shall limit or restrict City management 22 from scheduling such meetings before or after regular duty or work 23 hours. r 24 25 26 27 28 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 at time - and - one -half for each hour worked. Provided that shift continuation shall be paid at time - and - one -half for each hour worked. 4. a. Empergency Call Out is defined as: The unexpected, the unknown, those events or circumstances which cannot be foreseen and /or manpower pre- planned. ENamples: Earthquakes, floods, nuclear disaster, explosions, hazardous material spills, mutual aid. Usually, but not always, Emergency Call Out will result in the entire department being called back to duty and/ or the instituting of twelve (12) hour shifts with all days off and vacations cancelled. Emergency Call Out does not apply when a single member of the department or a specialized team is called out to handle a "special investigation" or an "unusual occurrence," such as a "homicide investigation" or an "unlawful assembly." b. Emergency Call Out shall be paid at a minimum of four (4) hours at time- and - one -half and straight time for each hour after the initial four hours that each employee works after the declaraction of emergency call out has been made by the Chief of Police or his authorized representative. No employee shall be paid more than one four -hour minimum payment for any one declared emergency. 5. Non -sworn personnel shall receive overtime pay at time- and - one -half for all hours worked in excess of forty (40) hours per week unless they elect to take compensating time off at straight time. Provided, that for training sessions non -sworn personnel shall be paid on a straight time basis with a two -hour minimum payment. 6. Appendix B will be the determinative interpretation of sections 1 -5 above. -10- 1 ARTICLE VII 2 IF 3 Section A Rules Governing Step Increases 4 The rules governing step increases for employees covered by this MOU are 5 included in the current Salary Resolution with the following modification: 6 The department head shall be authorized to reevaluate employees who reach 7 Step 5 in their pay range. An employee who is.not performing up'to 8 standard for the fifth step shall be notified in writing that the depart- 9 ment head intends to reduce him one step unless his job performance im- 10 proves significantly within a 60 -day period. Unless the employee's job 11 performance improves to an acceptable level by the end of 60 days, the pay 12 reduction shall then become effective. The fifth step may be reinstated 13 at any time upon recommendation of the department head. If the department 14 head deems it.necessary to again remove the fifth step during the same 15 fiscal year, he may make the change at any time with three business days' 16 written notice.. 17 Each salary range consists of five steps (1 through 5). Steps 1 through 4 18 equal 95% of the next highest step, computed to the- nearest none, dollar. 19 Step 4 = 95% of Step 5 20 Step 3 = 95% of Step 4 21 Step 2 = 95% of Step 3 - - - 22 Step 1 = 95% of Step,2,` 23 Each across- the -board % salary increase shall raise,s`tep, 5 "of range 9P by' 24 that %. Step 5 of each successive salary range will be 2.63% above step 25 5 of the next lower range. After all step 5's of salary 'ranges•have been -'- 26 established, each step 5 shall be rounded off to the nearest $1.00 and the 27 remaining steps established in accordance with the above formula. 28 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 R 26 27 28 LJ ,Employees who are eligible for advancement to step 4 or 5 after June 30, 1979, must receive an "Above Satisfactory" rating on their most recent performance evaluation prior to or coincident with their being eligible for advancement by time in grade. Section B Salary Provisions for Fiscal Year 1982 -83 l: The parties agree to a six pe.rcent.(6 %) salary increase effective 1 July 1982 for all employees who are City employees on the day this Agreement is formally approved by the City Council. The pay adjustment, if any, required for the period from 1 July 1982, to the implementation date of this Agreement shall be.computed at six percent (6 %) of the gross earnings of each employee, as defined above., during that time period. 2. The Police Lieutenants and Police Captains will receive a one range (2.63 %) pay adjustment on July 1, 1982, and a one range (2.63 %) pay adjustment on January 1, 1983. 3. The parties agree to a two percent (2 %) salary increase effective 1 April 1983 for all employees covered by this Agreement: 4. The parties -agree that effective 1 July 1983 all employees covered by this Agreement shall receive a salary increaIse-based on Attie negotiations pursuant to the openers article XIX. Section C Overtime - 1. All employees covered by this Agreement except for the Police Lieutenants Police Captains and Technical Services Coordinator, shall bey eligible for overtime pay. All overtime shall be paid -at time- and - one -half including shift continuation except as stated below: a. Court Time - Employees reporting for court duty shall be-guaranteed 5:11 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 �15 16 17 18 19 20 21 22 23 24 25 26 27 29 • J two hours minimum payment at straight time when assigned to the second or third watch or three hours minimum at straight time when assigned to the first or fourth watch. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. b. Training - Employees called back for - training sessions authorized by the Police Chief or Watch Commander shall be paid on a straight time basis with a two -hour minumum payment. (Sworn personnel below the rank of Captain shall be paid two hours at strai.ght time when participating in range qualification training when off duty;)•each sworn employee who shoots for qualification shall be provi:ded-100 rounds of practice ammunition during that month. c. Police Officers assigned as investigators shall be paid at time -and- one -half for the first two hours of the call -back. d. Officers'assigned to .Police Officer investigator duties shall receive a 7 -hour per month overtime payment. Investigators who serve one week standby duty shall receive credit for '7 -hours overtime. All overtime earned.except training,•shall be charged.against the seven hour monthly minimum guarantee until exhausted-at which time overtime . will be paid as worked at straight time. 2.. Employees eligible for overtime pay "may elect -to receive compensating time off.(CTO) at straight time in lieu of overtime pay: The watch supervisor must authorize the use of such CTO in- advance if it-is for two days or less. The division commander must authorize CTO- use`in- excess of two days at a time. 3. Except as otherwise provided here.in:,. all caal back shall 7be 'paid at time- and -one half. Employee's called back to work other than their normally sch.edul'ed shift shall be paid a minimum of two hours pay at time - and - one -half. When the employee is required to work beyond two hours he shall be'compensa In -1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section D Work Out Of Grade Employees temporarily-assigned to work in a higher classification shall receive one step (5.26) additional pay but in no case more than the top step for the higher classification under the following conditions: 1. The.assignment exceeds ten consecutive work days, in which case the step increase becomes effective on. the first work day. 2. The person being temporarily replaced is on extended sick or disability leave or the position is vacant and an.examination is pending. Section E Standby Sworn personnel below the rank of Lieutenant on standby, except investigators: shall be compensated one hour's pay for each five (5) hours standby. Such employees shall be paid a minimum of, three (3) hours straight time when on standby.: Section F Roll Call Briefing All Police Officers, investigators -, and Sergeants I and 'II shall report for duty 15 minutes before the-.start of their shift for roll call briefing and shall be paid at straight. time. -11.- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 s ARTICLE VIII BENEFITS A. Effective 1 July 1982, City agrees to contribute $190.35 per month for medical, dental, vision and life insurance for each regular, full time employee covered by this Agreement. B. Effective 1 July 1983, City agrees to contribute an-amount per month for medical, dental., vision and life insurance for each regular, full time employee covered by this agreement as negotiated pursuant to the openers article XIX. C. City shall pay to each full -time regular employee on December 22, an annual lump.sum payment (subject to appropriate taxation) for the difference between the amounts provided under Sections A & B above, or the prorated share for less than full -time employees, and any lesser sum expended by the employee fo'r medical and dental coverage for the period of January 1 through December 31. The City agrees to maintain the curreni level of benefits but reserves the right to choose insurance carriers and /or the method of insuring and funding these benefits. D. - Effective 1 January 1984, the lifetime medical minimum will be in- creased to $750,000:00. E. Effective 1 January.1.983, City will, pay the cost of increasing life insurance to a -$2040a-pol.icy.for each.employee in the unit. F. Disability•Insurance - -Effective July 1, 1981, City agrees to pay for a disability insurance prografn'for..,al'f employees covered by this MOU which will provide for 60% of'the base salary of the-employee after 90 days of disability:subj:ect-to -any terms and conditions in the disability insuranc( agreement including, but not limited to,. provisions for offset of disabili.ty payments against workers' compensation, disability retirement -12- 1 2 3 _ 4 5 6 7 8 _9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 r. 28 or any other income excluded by the terms and the disability insurance agreement. G. Vacation Leave Vacation Leave is governed,by .Section 2708.7 of the Municipal Code except that it may be taken after the completion of the sixth calendar month of service since the benefit date.. Vacation leave shall be accrued as.earne.d each payroll period up to a maximum of twice the annual.accural rate. H. Holidays - For all employees, holiday leave shall be accrued as earned each payroll period at a rate of 8 hours per month. The follodji:ng days of each year are designated holidays for non -shift employees: January 1 - New Year's Day February 12 --Lincoln's Birthday Third Monday in February— Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September-9 - Admission Day Fourth Monday in October - Veteran's Day Fourth.Thursday. in November.- Thanksgiving Day December 25 - Christmas -' "Employee's Birthday One- halfrday'before Christmas One -half. day before. New Year's When a holiday fafl;s on a. Saturday, the preceding Friday shall be observed. When'a'hol'iday_.falls on a Sunday, the following Monday shall be observed. I. Vacation, Holiday a nd'Compensatory Time Off Recordkeeping . All employees may accrue a maximum of vacation time not to exceed twice -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PA 21 22 23 24 25 26 27 28 • their annual-rate as set out in Section 2708.7 of the San Luis Obispo Municipal Code. Holiday leave is accrued at 8 hours per month to a maximum of 96 hours.. -CTO accumulated in accordance with Article VI.I, Section C.2 shall not exceed 40 hours. Subject to the prior approval i the Police Chief or his designated representative, each employee has the option of taking holiday leave or CTO off, being.paid at straight time for any unused leave at the end of each calendar quarter, or carrying over. A maximum of 136,hours may be so paid off each.calendar year. This Section is subject to annual approval of the Chief of Police prior to the begining of the new fiscal year. J. Sick Leave - Sick leave is governed by Section 2708.5 of the Municipal Code. An employee-may take up to two days.per year of sick leave if required to be away from the job to personally care for a member of his/ her immediate family as defined in Section 2708.5 of the San.Luis Obispo Municipal Code. This may be extended to five days per year if the family', member-is part of the employee's household, and to seven days if a household member is hospitalized and the employee submits written verification''of:such hospitalization.. Upon termination of employment by death or retirement, a percentage of the- dollar value-of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according ,_to the 'following schedule: a. Death - 25% b. Retirement and actual commencement of PERS benefits: 1. After ten years of continuous employment.- 10% 2.' After-twenty years of continuous employment - 15% -14- 1 2 3 4 5 6 7 8 9 10 11 12 _-13 14 15 16 17 18 19 20 21 22 _ 23 24 25-- - 26 27 29 K. Workers' Compensation Leave - Any employee who is absent from duty because of on- the -job i.njury in accordance with state workers' compensa- tion law and is not eligible for disability payments under Labor Code Section 4850 shall be paid the difference between his base salary and the amount provided by workers' compensation law during the first 90 business days of such disability absence. L. Uniform Allowance 1.. Each employee.required . to wear a uniform shall receive an annual uniform allowance of $300_, paid quarterly. -This allowance shall not be paid for.,any employee who is off duty due to a job- related injury at the start of.any calendar quarter. If the employee returns to work during that quarter, his/her-uniform allowance will be- prorated. 2. The City agrees to provide bullet -proof vests to Police Officers for optional wearing. At the discretion of the Watch Commander, all officers may be required to wear vests. M. Educational Incentive - The City agrees- to establish an educational incentive pay plan.- Incentive pay benefits will be available only to personnel- below the rank of Captain. 1. Basic Benefits. Educational incentive pay shall not begin until _ one year -after employment with the City-of San Luis Obispo.., but credit will 'be given, for approved education obtained prior to that time. The -basic, benefit for officers employed prior to July-1,1981, will consist -of one - half -ste.p above the base salary for possession of an A.A., or equivalent degree.from an,accredited community or junior college; or 60 or more,. semester units, or a-city= approved equivalent, towards..a B.A. degree; and one full step for a BfA-7or eauv_alent_dearee from an _7D ;accredited four vear_col_l eae_or_untversi t_v_or an A.A. or A.S. degree :plus the P. O. S. T. Advanced certificate. Total incentive pay shall in. 1 2.. 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 •27 28 • no case exceed one step. 2. Job Related Fields. 0 Degrees must be either in•d-irectly job related fields,or include at least 30 semester, or city- approved equivalent, units in the case of an A.A. or-A.S. degree, and at least 60 semester, or city= approved•equivalent, units in the case of a B.A. or equivalent degrees leading toward the appropriate degree with a grade of "C" or better. 3. Applica -tion and Approval. Application for the incentive pay shall be made by the 'employee to the department head at least 30 days before the date the payment of the incentive ,pay is to be effective. Approval of the department head and the Personnel. Director shall be required. 4. Unsatisfactory Performance, In the event an employee receiving the incentive pay .is not performing.up the established standards set for the job, the department head with the zoncurrence "of the.Administrative Officer may suspend payment of the incentive pay or Step 5 of the salary I ange, but not both, until such time as the employee's performance comes uplto °the standard level, in the opinion of the department head and concur.red.in by the Administrative officer. 5. No.n-Applicabili.ty. Educational incentives shall not be paid for education received on City time. The education incentive will be removed if the employee is promoted to a position which does not entitle employee to such incentives. Tuition and Books. If an employee holds a position which does not qualify him for incentive pay, the employee will be eiligible to receive payment for 50% of tuition and books for approved job related courses upon satisfactory completion of same with a grade of "C" or better. 7. New Employees. The basic benefit for officers hired on or after July 1, 1981, shall be a five percent step increase for a period of one -- _ -16- 1 2- 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18' . 19 -20 - 21 s 22 . 23= 24 25 26 27 28 fiscal year if during the previous fiscal year the officer has success - fully completed i.e., grades of "C" or better in -all courses -- a minimum of nine semester, or City- approved equivalent, units of college level classroom work approved by the Chief of Police, provided that 'thi.s benefit shall be payable only for classroom work done after comple- tion of the probationary period: - N. Accidental Death in the Line of Duty - The.spouse-or'surviving minor children (unde,r 19 unless full -time students, in which case under 23) of a Police Officer who dies in the line of duty shall continue to receive payment of the employee's base salary and medical insurance benefits until the.workers' compensation claim is settled and benefits awarded. At that time, the'City's accumulated contributions will be deducted from the award. 1 ARTICLE IX. 2 WORKING CONDITIONS 3 Section A Place of Residence 4 An officer's :place "of residence shall be within a thirty (30). minute g driving radius from' San Luis Obispo proper. 6 7 8 9 10 11 12 13 14 15 16 17� t 1 'ARTICLE X 2 RETIREMENT 3 A. The City agrees to provide the Public Employees' Retirement System's 4 one -half pay at age '55.plan to all sworn personnel and the 2% at age 5 60 plan to all non -sworn personnel. The one =half at age 55 plan 6 includes four amendments, namely, Post Retirement Survior Allowance, 7 the 1959 Survivor's Benefit, age 50 voluntary retirement, and one -, 8 year final compensation. The 2% at 60 plan has three amendments, 1.959 9 Survivor's Benefit, one year final compensation, and conversion of un- 10 used sick leave to additional retirement credit. 11 B. Effective 1 July 1.983, City .agrees to provide�PERS 2% at 55 for sworn 12 personnel and 2% at 60 for unsworn personnel, with amendments as 13 specified in A, with conversion of unused sick leave to additional 14 retirement credit. 15 C. City will, pay the employee's contribution to the:PERS. 16 - 17 18 19 20 - f 21 22 23 24 25 26 27 29 1 ARTICLE XI 2 POLICY AND PROCEDURE COMMITTEE 3 A committee including three (3) Association member(s), two (`2) departmental 4 management and the Personnel Director shall explore and reconcile over - 5 Yapping and conflicting policies and make recommendations to the Police 6 Chief. The Police Chief will consider any recommendations of the committee., 7 however, the parties recognize and agree that the Police Chief has the 8 authority to set policy. 9 1C 11 12 13 14 15 16 l 17 18 YJ 19 20 21 22 _ 23 - - - 24 ., . '. 25 26 27- 28 -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 - 20 21 22 23 24 25 26 27 28 ADTTrrr VTT GRIEVANCE PROCEDURE A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Understanding, excluding disciplinary matters, or other matters as fall within the scope of representation. Each grievance shall be handled in the following - manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee.shall have the right to choose a representative to accompany him /her at each step of the proces.. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may immediately submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regula- tions, or agreement said to be violated, and the proposed remedy. This action must take place within fifteen (15) business days of the occurrence of the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen (15.) business days of..receiv- ing the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. C. If the employee i.s dissatisfied with the department head's decision, the employee may immediately submit the grievance in writing to the Personnel Director within five (5) business days of receiving the, department head's decision. The Personnel Director shall confer with the employee and the department head and any other interested parties; and shall conduct such other investigations as may be advisable. 21- . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i 'D. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (.15) business days.of receiving the employee's written request. The City Administrative.Officer will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Administrative Officer's decision shall be in writing and given the employee within.fifteen (15) business .days of 'receiving the Personnel Director's results and findin4s. Such decision shall be final unless employee desires the Personnel Board to review the decision.. If such is the case, the employee will have five (5) business days following receipt of the City Administrative Officer's decision to'submit a written request to the Personnel Board bhrough the Personnel Director for review of the decision. The Personnel Board within thirty (30) business days shall review-the record and either (1) issue and advisory opinion to the City Administrative Officer; or (2) conduct a hearing.on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within ten (10) business days of the close of such hearing.. If an opinion signed by at least three-(3)-members of the Personnel Board recommends overruling or modifying the City Adminis- trative Officer "s decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council.'. Such appeal shall be filed with the City Clerk within three (3) business days of the Board's action. If appealed, the City Council shall review the case on the record and render a final decision within fifteen (15) business days=of submittal.., , =22! 1 ARTICLE XIII 2 GENERAL PROVISIONS 3 Section A .Payday 4 Paychecks will be disbursed on the 7th and 22nd of each month. If the 7th 5 or 22nd -falls on a weekend or holiday, payment shall be.made the preceding 6 business day. This disbursement schedule is-predicated upon normal working 7 conditions and is subject to. adjustment for cause beyond the City's control. 8 9 Section B Paychecks Prior To Vacation 10 If an employee is-taking vacation leave and wishes to receive his regular it paycheck before payday, the employee must notify the Finance Department 12 in writing at least two weeks prior to the start of vacation provided the 13 employee has -sufficient vacation time coming to cover the pay period. 14 15 Section C Management Benefit 16 Employees:f.illing those positions defined as management shall receive 17 $25,000 term life insurance and long -term disability insurance plan for 18 recognition of th'e`ir management.responsibilities. 19 20 Section D Salary, Survey Agencies 21 Agencies to be used for review of salaries shall include: 22 Antioch 23 California Highway Patrol - -' 24 Chino 25 Clovis 26 Davis 27 Monterey 28 Pacificia -23- 1 2 3 4 ' 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i - • ADTTr1 r vry 1WORK ACTIONS Participation by an employee in a strike or a concerted work stoppage is unlawful and shall terminate the employment relation. Provided however that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. (a) Employee oroanizations shall not hinder, delay, or interfere coerce employees of the City to hinder, delay, or interfere with the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow -down, sit -down, stay -away, or unlawful picketing. - (b) In the event that there occurs any strike, concerted work stoppage, or-any other form of interference with or limitation of the peace- ful performance of City services prohibited by Article 28 (a) hereof, the City, in addition to any other lawful remedies or disciplinary actions, may by action of the rlunicipal Employee. Relations Officer cancel any or all payroll-deductions, prohibit the use of bulletin boards, prohibit the-use of City facilities, and withdraw recognition of the employee organization or organiza- tions participating in such actions.,, - (c) Employee members of any employee organization shall not be locked out or prevented by managem'ent'-officials from performing their assigned duties when such employees are willing and`W eI to perform r such duties in.the customary manner and at a reasonable level of efficiency. Any decision made under the provisions of this Section may be appealed to the City Council by filing a_ written Notice of.Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon - 25;- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 . 17 18 19 20 �21 22 23 24 25 26 27 28 • ARTICLE XV FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the -City and-the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement.between the City and the Association except as specifically referred to in this Agreement. -The parties, for the term of this Agreement, voluntarily and-unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this Agreement was negotiated and'signed. In the event any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and confer upon request. Ems. T Ems. 1 2 3 4 5 6 7 8 9 10 11 12. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28- h. ARTICLE XVJ SAVINGS CLAUSE If any provision of this.Agreement should be held invalid by operation of i law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet.arid confer session for the sole purpose of-arriving at a mutually satisfactory replacement . for such provision within a thirty? (30) day work period. If no Agreement:has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No. 3405 (1977 Series). 1 ARTICLE XVII 2 RETIREE'S MEDICAL"INSURANCE 3 Employees covered by this Agreement who meet all of the conditions set forth. 4 below may continue group medical coverage at group rate paid totally by the 5 employee. The qualifying conditions are: 6 A. The employee must retire from City service, apply for and actually 7 receive retirement benefits through the City's retirement system. g B. The employee must be at least_50 years of age, 9 C. The employee.must have at least ten (10) years of service with the 10 . city. 11 D. The employee may have dependent coverage only for those dependents 12 covered for the last year of employment with the City. 13 E. All employee and dependent coverage will cease upon the death of 14 the employee or upon the - employee reaching age 65.' 15 This benefit only applies'to employees who retire during the term of this 16 Agreement. This benefit shall continue beyond -June 30, 1984, if, and only 17 if, there is mutual agreement . of_t'he - parties to continue such.benefit. 18 - 19 20 21 22 23 24 26 27 28 1 2 3 4 5 6 7 _8 9 10 11 12 13 14 15 16 17 ]8 ]9 20 21 22 23 24 25 26 27 29 ARTICLE XVIII NON- SUBSTANTIVE REVISIONS Effective 1 July 1983, management may make non - substantive revisions to the Agreement as discussed during the 1982 negotiations. If management intends to make such revisions, they must by submitted to the Association no later than l January 1983. No changes shall be made unless they are agreed upon by the parties. 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 '15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE XIX OPENERS During the term of this.Agreement the parties agree that only across the board salary range increases; City contribution *for medical,, dental, vision and life insurance,; and one (1) additional topic "per.party shall be negotiated. I.f either party desi.res.to make a change to the Agreement as defined above, that party shall serve upon the other, its written request to. negotiate, as well as its initial proposals to amend the contract for those subjects that may be properly opened. Such notice and proposals must be submitted to the other party between 15 April 1983 and 1 May 1983. If notice is properly and timely given, negotiations shall commence no later than 15 May 1983. -31- 'tt 1 -31- 2 3 4 5 6 7 8 �9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE ,XX RENEGOTIATIONS If at the expiration df the term of this Agreement,.-either party wishes to make changes to this Agreement, that party shall serve upon the other, its written request to negotiate, as-well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted,to the:other party, between 15 April and l May. If notice. is.properly and timely given, negotiations shall .commence no later than 15 May.. -32 1 2 .3 4 5 6 7- 8 9 10 11. 12 13 14 15 . 16 17 18 19 20 21 22 23 24- 25 26 27 28 ARTICLE "XXI LAYOFFS The parties agree that Rule 2705.3 shall be revised to give employees who are laid off pursuant to Rule 2705.3 reemployrrient* rights that will require their rehire prior to the employment of individuals on an .open or promotional list. The employee to be rehired, must, at the time of rehire, meet the minimum qualifications as stated in the appropriate class.specifications. Employees will be rehired on the bases of last out, first in. Vicki r. } � 1�C'.� -�. i' !' � r'. iI� � r t' ..� "(n�1 "•'q .. tr; ;r�� :.R.' J1 -. .. �� . n 1 4' 1 v _ 1 ! G 1 2 3 4 5. 6 7 8 9 10 1' 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE XXII TERM OF AGREEMENT This Agreement shall become effective as of July 1, 1982 and shall continue in full force and effect until expiration at midnight, June 30, 1984. 1. Classification covered by this Agreement and included within this unit are shown in Appendix "A" (unless management employees opt out of the unit pursuant to Article .II.) 2. This Agreement does not apply to Temporary. Employees or Part -time employees. This Agreement was executed on following parties. CITY OF SAN LUIS OBISPO Don Becker, City Consu tant RcitZ�L - Ann 11cKibbin, Personnel Director st 31 1982 by the SAN LUIS OBISPO POLICE OFFICERS' ASSOC. C� Charles Gol sser, Police Officers' Consultant -34- s L. To 1 2 3 4 5 6 .7 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 APPENDIX A CLASSIFICATION Communications Technician I Communications Technician II Crime Prevention Coordinator Ft6ld Service Technician Identification Technician Parking Enforcement Officer Police Captain Police Lieutenant Police Officer Police Sergeant -I Police Sergeant II Technical Services Coordinator _ 35� APPENDIX B j CITY OF SAN LUIS OBISPO POLICE DEPARTMENT SPECIAL ORDER NO. 505' POLICE DEPARTMENT OVERTIME January 13, 1981 (Refer to Memorandum of Understanding - July 1980 to June 1982 approved by the City Council.) Frequently, we have had misunderstandings from all levels within the Department concerning overtime, minimums, court time, standby, call back, etc. I asked .Sgt. Downey, President of the Police Association, to draft an easy to understand memorandum that7would clarify the legal language of the M.O.U. to eliminate unnecessary doubt and confusion over the terms it contains. In addition, I asked for brief, clear, examples that would clarify most situations that we encounter in requesting and authorizing overtime.. His very commendable memorandum is attached to serve as a guideline and as an. example for all personnel involved in this process. We have also requested the Finance Department to provide us with new overtime forms that can.be computer -coded to better analysis expenditures of overtime resources. Coding sheets and a procedure authorizing overtime compensation will be completed and distributed to each of you by Technical Services on or before February 1,_1981. We urge your cooperation in making this system effective and efficient. The attached memorandum is approved subject to- possibility of conflict with the Council - approved N.O.U. and in case of such conflict, the M.O.U. provisions shall prevail. ROGY L. NEUMAN CHIEF OF POLICE RLN:jdd Attachment As above Appendix B - Page 2 San Luis Obispo POLICE OFFICEKS' ASSOCIATION "o� << Post Office Box 1251 Son Luis Obispo, California 93401 MEMORANDUM TO: All Personnel FROM: Sergeant R. J. Downey, President DATE: January 6, 1981 SUBJECT: Overtime Due to a misunderstanding each member has not received a copy of the MOU. Therefore, a need to clarify overtime exists, i.e., when it is paid, min - imums, court time standby, etc. Hopefully, this memo will provide clarification so everyone will operate with the same understanding. I am asking the Chief of Police to sign this memo, post it on the bulletin board and provide a copy to every supervisor. The MOU is expressed in "leganlese" and overtime•is discussed under several headings. I will provide my understanding of the MOU complete with examples. The Chief of Police indicates his concurrence by his signature and thereby provides the uniform guidelines for staff, as well as the Officers. I. All overtime that is shift continuation is paid at time and one -half, herein expressed as T 1/2. Example - I A. Officer is scheduled to work from 0700 to 1500 hours. The Officer is held over until 1700 hours. The Officer receives 2 hours over- time at T 112. B. If the Officer works a fraction of an hour, the Officer will round off as follows: 0 to 15 minutes equals NO 15 to 30 minutes equals 7/2 30 to 40 minutes equals 1/2 40 minutes or more equals 1 This same procedure is used 45 minutes equals 2 hours. overtime hour hour hour beyond the first hour, i.e., 1 hour -37- J - Appendix B - Page 3 All Personnel RE: Overtime January 6, 1981 Page Two II. There are a number of circumstances where the Officer is guaranteed a minimum number of hours at T 112, primarily, callback. This is a situation in which the employee is called back to work other than his normally scheduled shift. The employee shall be paid a minimum of two (2) hours at T 1/2. If the employee works beyond the two hour minimum he will be paid T.1 /2 for each hour worked, using the same procedure as outlined in Example 1(B) above. Example 2: A. Officer is called back from his day off and works eight (8) hours. Officer receives eight hours overtime at T 112. B. Officer is called back and works any time less than two (2) hours. Officer receives two hours overtime at T 1/2. C. Detective is called in at 2:00 a.m. and departs at 2:30 a.m. Detective receives two hours.overtime at T 1/2. D. Detective is called in at 2:00 a.m. and does not depart until 7:00 a.m. Detective receives two hours overtime at T 1/2 for the first two hours and straight time for the remaining three hours. NOTE: Detectives receive the same minimum. However, the first two (2) hours and /or the minimum two (2) hours are the only hours for which Detectives will receive T 1/2. All other Detective overtime is paid at "straight time" herein expressed as ST. III. Emergency Call Out Supercedes everything discussed and is easy to understand if addressed as a separate_ entity. Emergency Call Out is defined as: "The unex- pected, the unknown, those events which.cannot be foreseen and / -or manpower pre - planned." Examples listed in the MOU are: earthquakes, floods, nuclear disaster, explosions, hazardous material spills, and mutual aid. NOTE: Emergency Call Out DOES NOT APPLY when a single member of the Department or a specialized team, is called out to handle a special investigation or an unusual occurrence such as a "homicide investiga- tion" or an "unlawful assembly ". Emergency Call Out is paid at a minimum of four (4) hours at T 1/2 and ST for each additional hour after the first four hours each employee works. 'No employee shall receive more than one four -hour minimum. OEM Appendix B - Page 4� All Personnel RE: Overtime January 6, 1981 Page Three �J Example 3 - Emergency Call Out is declared A. Everyone is placed on twelve hour.shifts. All days off and vaca- tion canceled. Everyone receives four hours at T 112 and ST for each hour worked thereafter. Obviously, you do not receive the overtime if you are on duty. You do not receive overtime i:f the Call Out is canceled prior to your beginning your twelve hour shift. B. The same as "A" above and the Call Out lasted three days. Every- one would receive four hours T 1/2 and eight hours ST. Your normal work hours are extended from eight to twelve hours. The first four hours over your normal eight represents and accounts for the four (4) hour minimum and is paid at T 1/2. The remain- ing two days you earn four hours each day at ST. C. The same as "B" above and the Call Out falls on your "days off" you receive four hours overtime.at T 1/2 and twenty -four hours at ST. IV. Court Time Simply stated, we are guaranteed two or three hours minimum overtime at ST for any court appearance. If you are assigned to Shift II or III, you receive a two hour minimum. If you are assigned to Shift I or IV, you receive a three hour minimum. If court duty extends beyond the minimum you receive ST pay on an hour for hour basis. NOTE: A. Two.or more court cases occurring within the minimum time period shall be subject to a single minimum payment. B. Compliance with Department Operations Directive S -7 is essential to insure payment of overtime for court. C. The exception to the minimums indicated is shift continuation which is paid as any other shift continuation overtime, i.e., T 1/2 for each hour actually worked. Example 4: A. Officer working Graveyard or Relief Shift. Officer appears in court and the case is dismissed or for whatever reason the Officer is finished after 15 or 20 minutes. The Officer receives three hours overtime at ST. -39- • Appendix B - Page 5,h, �c All Personnel RE: Overtime January 6, 1981 Page Four B. Under same circumstances as "A" above but Officer is assigned to Day or Night Shift. The Officer receives two hours overtime at ST. C. Circumstances are the same as "A" and /or "B" above and three cases are scheduled. The Officer is finished in less time than the,min- imum. Officer receives only the minimum as if he'd appeared for a single case, i.e., two or three hours respectively. D. Officer assigned to Day Watch but reports for court at 1400 hours and does not finish until 1630 hours. Under the shift continuation proviso the Officer receives 1 1/2 hours overtime at T 1/2, the difference between 10 -10 time 1500 and 1630 hours. No minimum. E. Officer assigned to Night Watch and-reports for court at 1330 hours and is finished at 1400 hours. Officer receives the two hour minimum at ST. F. You may NOT collect a double minimum by combining standby and court minimums subject to V explained below. V. Standby Does not apply to Detectives. This provision was made for the De- partment's use, but in a number of cases has been extended for use by the District Attorney as "telephone standby for court ". Standby is paid at a ratio of 5 to 1, i.e., for each five hours you are on standby you receive one (1) hour overtime at ST. However, you must receive a minimum of three hours overtime at ST anytime you are placed on standby. NOTE: You may not receive a double minimum when on standby for court. Example 5: A. Officer scheduled for court at 0900 hours, District Attorney places Officer on standby and at 1000 hours Officer is told to respond. Officer appears and is finished at 1030 hours. Officer receives only three hours overtime at ST because the telephone standby minimum is three hours and the Officer .did not go beyond the minimum. B. Same circumstances as in "A" above, but Officer is instructed to respond to court at 1300 hours after being on standby from 0900 hours to 1130 hours. The Officer appears at 1300 hours and is finished at 1400 hours. Officer receives the three hour minimum for telephone standby plus the hour from 1300 to 1400 hours or one hour. Total overtime equals four hours at ST. -40- Sf�U� /"/i / /�'(�SZ- OPO/-J I1CA% bb /r7 F-1 16 r17 Loin ofe� ' � U RESOLUTION NO. 4933 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 82 -61 LOCATED AT 410 HIGUERA STREET AND SUPERSEDING RESOLUTION N0. 4846 (1982 Series) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of subdividers requested revisions of conditions for the tentative map of Minor Subdivision No. 82 -61 and the staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the general plan. 2. The site is physically suited for the proposed type and density of develop- ment which is permitted by the C -R -S 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 enviromental determination. SECTION 2. Conditions. That the approval of the tentative map for Minor Subdivision 82 -61 be subject to the following conditions: 1. Subdivider shall dedicate sufficient right -of -way across the frontage of the property to allow construction of a right turn lane at the corner of Higuera Street and Highway 101 on -ramp for street widening purposes, to the approval of the City Engineer. 2. Subdivider shall grant drainage easements for Stenner and San Luis Obispo Creeks within the project site including slope bank easements required for the realignment and /or reconstruction of the Marsh Street Bridge. 3. Subdivider shall extend a looped public water line from Higuera Street to Dana Street in easements granted to the city or in existing right -of -way, to the approval of the City Engineer and Fire.Department. 4. Subdivider shall grant an easement to the city for the existing 12 -inch sewer line on this property and provide all- weather access to the approval of the City Engineer. R 4933 / Resolution No. 1982 Series) Page 2 5. Subdivider shall grant to the city a blanket easement on this property to permit the city to relocate the existing 12 -inch sewer main when creek widening occurs. SECTION 3. Council Resolution No. 4846 (1982 Series) is hereby superseded by this amended resolution. On motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, . Settle, Dunin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing resolution was passed and adopted this 23rd.day of Ausust , 1982. ATTEST: V . City Clerk Pamela Vo es City Attorney Community Develo went Director 1 - d /' 3 I I O RESOLUTION NO. 4932 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDED USE PERMIT U0818 FOR A RESTAURANT, RETAIL AND OFFICE COMPLEX LOCATED AT 410 HIGUERA STREET AND SUPERSEDING PLANNING COM a SSION RESOLUTION No. 1801 -82. WHEREAS, Higuera Hill Partnership, applicant, has requested revisions to conditions of approved use permit U0818 allowing a restaurant, retail, and office project known as Promontory, and WHEREAS, this council has considered staff reports and recommendations thereon, supplementary material and testimony at its public hearing held on August 23, 1982. NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis Obispo as follows: SECTION 1. Based on the materials and statements set out above, the council find as follows: 1. The proposed project will not be detrimental to the health, safety and welfare of persons living or working in the area. 2. The proposed project is appropriate at the proposed location, and will be compatible with surrounding land uses. 3. The proposed project conforms to the general plan and Downtown Goals .Statement. 4. The proposed project meets Zoning Ordinance requirements. 5. The proposed project:is granted a mitigated negative declaration based on the following measures: A. Restaurant capacity limited to 125 seats or less. B. Incorporation of wildlife biologists' mitigation measures into project description. C. Proposed bridge will be designed to span creek channel widened to accommodate 100 year storm flow per Corps of Engineers preliminary design unless the City Council agrees to modify criteria. Natural creek channel will be retained. R 4932. Resolution No. 4932 (1982 Series) Page 2 SECTION 2.. Based on the findings set out in Section 1, the council hereby approves amended use permit U0818 subject to the following conditions: 1. Applicant shall file a minor subdivision map request to combine all the underlying lots on the property into one lot. The final map shall be recorded prior to the issuance of any certificates of occupancy for any building in the project. This use permit expires on October 8, 1982. 2. Applicant shall submit a precise plan to be approved by the Architectural Review Commission. Said plan shall include the following items: A. Sign plan.limiting the main identification sign for -this projectz.to_ a monument -type sign .located at the Higuera Street frontage. B. Landscape plan with earth berming and /or landscaping to screen parking at the upper area of the site from view or Highway 101, and specimen trees (24 inch box minimum) equal in number and height potential to those approved to be removed from this site. C. Low profile lighting system of specified type of light source for the parking areas and buildings. D. Provision for a public access trail along San Luis Creek. E. There shall be no signs visible from Highway 101 or adjacent surface roads. 3. Applicant shall grant drainage easements for Stenner and San Luis Creeks within the project site in accordance with creek setback lines and improvements standards established by the City Council to the approval of the City Engineer. 4. Applicant shall install a looped public water line from Higuera Street to Dana St=reet water line, in easements granted to the City or existing right- of -way and install on =site fire hydrant(s) all to the approval of the City Engineer and Fire Department. 5. The following requirements of the Fire Department shall be met: A. A 20' wide, clear and unobstructed access all- weather road shall be provided throughout the parking and driveway area. B. The triangular divider at the project entrance shall be deleted from the plans. No obstruction of any sort shall be placed., or constructed, or allowed to remain in any access -way. C. Red- painted curbs and approved signs shall be installed to the Fire Department approval in areas which the.Fire Department has designated as required access. D. Suitable hard- surface paving blocks or other approved all- weather surface shall be installed in the centers of circular drive areas to minimize the difficulty of fire apparatus in passing through these areas. These areas are deficient regarding turn radii for Fire Department access. E. A separate, approved sprinkler- system shall be installed for each letter - designated building in the complex,subject.to approval of the Fire Marshal and in conformance to NFPA 13. C] Resolution No. 4932 (1982 Series) Page 3 6. Applicant shall reduce the area of Building "B ".and patio for same so that they do not encroach into the 100 -year widening of San Luis Creek to the approval of the City Engineer and Community Development Director. 7. .Applicant shall provide traffic directional signs throughout the project to the approval of the City Engineer. 8. Applicant shall submit revised plans for the front parking lot next to Higuera Street to remove encroachment into San Luis Creek to the approval of the City Engineer. 9. Applicant shall grant an easement to the city for the existing 12 -inch sewer on this property to the approval of the City Engineer. 10. Applicant shall grant_ to the city a blanket easement on this property to permit the city to relocate the existing 12 -inch sewer main when creek widening occurs. 11. Applicant shall provide a bridge for access across San Luis Creek. Said bridge shall comply with all city 100 -year flood standards and policies and shall be wide enough to provide 20 feet vehicular access, plus 4 foot bicycle lane and a 4 foot pedestrian access to the approval of the City Engineer. 12. Parking within required street yard setback.along Highway 101 frontage is hereby approved as shown. A minimum of 148 parking spaces shall be provided on site. Reduction of parking spaces pursuant to condition 6 of this use permit.shall be accompanied by a, commensurate reduction of office floor area to be constructed at a ratio of 300 sq.,ft. per parking space. 13. Applicant shall install bicycle racks and a minimum of 5 handicap parking spaces. Location shall be to the approval of the Community Development Department staff. 14. All sources of lighting for the spotlighting or floodlighting of buildings,' parking lot and grounds, shall be of a low - intensity type and shall be shielded so as not to be directly visible to or shine on adjacent residential properties or public streets to the satisfaction of the Community Development Director. All lighting sources shall be.designed to minimize energy consumption. 15. The restaurant shall be limited to 125.seats (including patio area). 16. No deliveries or loading for any use on site shall_ take place between the hours of 11:00 a.m.aand 2:00 p.m. or-between.6:00 p.m. and_9 :00,p.n. 17. Office use for medical, dental or governmental type use shall not be allowed. Retail uses shall be limited to indoor flower shop (2500 sq. ft. maximum). 18. The property shall be maintained in a clean and orderly manner. All plant materials shall be maintained and replaced as necessary. 19. Applicant's plan shall conform to all requirements of the Tree Committee established by ordinance. Adjustments to building placement up to 10 feet may occur to provide protection of trees to be saved. Resolution No. 4932 (1982 Series) Page 4 20. Applicant shall dedicate sufficient.right =of =way across the frontage of the property to accommodate a.r.ight turn lane at the corner of Higuera Street and Highway 101 on ramp for street widening purposes to the approval of the Cite Engineer: SECTION 3. Planning Commission Resolution No. 18.01 -81 is hereby superseded by this amended resolution. On motion of Councilman Settle seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: Councilwoman Dovey the foregoing Resolution was passed and adopted this 23rd. day of August. 1982. ATTEST: VeIWA City Clerk Pamela Vo es City Attorney Community Development Director 1W2 RESOLUTION NO. ,4931 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND WAYNE T. HESSELBARTH AND WILMA FAY HESSELBARTH FOR PURCHASE AND SALE AT 692 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA, AND JOINT ESCROW INSTRUCTIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "1" and incorporated herein by reference, between the City of San Luis Obispo and Wayne T. Hesselbarth and Wilma Fay Hesselbarth is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Wayne T. Hesselbarth and Wilma Fay Hesselbarth; City Finance Director. On motion of Councilman Griffin and on the following roll call vote: , seconded by Councilman Settle , AYES: Councilmembers Griffin, Settle, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed adopted this 10th day of August , 1982. AP RO D : n- l:t City Administrative lbffic City inaM Vor R 4931 EXHIBIT t AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS To: First American Title Insurance Escrow No.: 823421 -SF Company Escrow Officer: Susan Fox . 899 Pacific Street Assessor's Parcel No.: 02- 422 -18 San Luis Obispo, CA 93401 THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ( "Agreement ") is dated for reference purposes only as of August 11, 1982, and constitutes an agreement by which Wayne T. Hesselbarth and Wilma Fay Hesselbarth ( "Seller") agree to effect a sale of, and CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ( "Buyer ") agrees to purchase that certain real propety ( "Property ") con=- sisting of approximately Eleven Thousand Six Hundred Five plus or minus square feet in the City of San Luis Obispo, County of San Luis Obispo, California; more part- icularly described in Exhibit "A attached hereto and incorporated herein by this reference, commonly known as 692 Marsh Street, San Luis Obispo, California. The terms and conditions of this Agreement, and the inst ructions of FIRST AMERICAN TITLE INSURANCE COMPANY ("Escrow Holder ") with regard thereto, are as follows: 1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Property upon the terms and conditions herein set forth. 2. Purchase-Price. The Purchase Price of the Property shall be Three Hundred Sixty Six Thousand Dollars ($366,000). 3. Payment of Purchase Price. Prior to "Close of Escrow" as defined below, Buyer shall pay the Purchase Price for the Property by delivering to the Escrow Holder, for disbursement to the Seller, as provided for in this Agreement, cash or check drawn on the account of the City of San Luis Obispo, made payable to Escrow Holder in the amount equal to the Purchase Price. Any sums delivered to the Escrow Holder pursuant to this paragraph 3 shall be deposited in an interest bearing account with all interest accruing in Buyer's favor. 4. Condition of Title. Fee simple absolute title to the Property shall be conveyed by Seller to Buyer by Grant Deed (which Grant Deed shall be fuly executed and acknowledged and deposited by Seller into Escrow prior to the close thereof, subject to no reservations and subject only to the following conditions of title ( "Conditions of Title ")) a. A lien to secure payment of real estate taxes, not delinquent; b. Matters affecting the Conditions of Title created by, or with the written consent of, Buyer; c. Exceptions, #1 and 2, disclosed by the Escrow Holder's Preliminary Title Report ( "Report ") dated May 12, 1982 with respect to the Property (excepting mechanic's liens or deeds of trust, any of which Buyer hereby disapproves). Further, with respect to any encumbrances securing obligations relative to the Property, including, but not limited to, deeds of trust, Seller covenants that it will cause the removal of all said encumbrances by the Close of Escrow (as defined below). A copy of said report is attached hereto as Exhibit "B" and incorporated herein by this reference. Title shall be evidenced by the willingness of First American Title Insurance Company to issue its C.L.T.A. owners form policy of title insurance in the amount of the Purchase Price showing title to the Property vested in Buyer, subject only to the Conditions of -2- Title. If First American Title Insurance Company is unwilling to issue such insurance policy, or if Seller has not removed any exceptions disapproved by Buyer prior to the Close of Escrow (as defined below), all obligations to the parties hereunder shall terminate, the Escrow Holder shall return to Buyer any sums which have been deposited into Escrow by Buyer, and Seller shall bear the costs of Escrow. 5. Escrow. a. Opening of Escrow. Upon execution of this.Agreement., Escrow Account No.823421 -SF shall be opened with Escrow Holder at its office at 899 Pacific Street, San Luis Obispo, California 93401, attention: Sue Fox for the consummation of this transaction. b. Close of Escrow. For the purposes of this Agreement, the "Close of Escrow ". shall be defined as the date that the Grant Deed conveying the Property to Buyer is recorded in the official records of the County of San Luis Obispo. The` parties agree to use their best efforts to effect the Close of Escrow as soon as possible, but, in any event, the parties shall be in a position to close not later than August 13, 1982. (The "Closing Date ") In the event that this Escrow fails to close by the Closing Date (or as extended by the mutual written agreement of the parties delivered to Escrow Holder prior to the Closing Date) by reason of any defaults hereunder, the defaulting party shall bear all costs and expenses of Escrow. 6. Costs and Expenses. The cost and expense of the Title Insurance Policy to be issued in favor of the Buyer pursuant to paragraph 5 hereof, shall be paid by Seller. Except as otherwise specifically provided herein, the Escrow Fee of Escrow Holder shall be paid one -half by Seller and one -half by Buyer. Seller shall pay all documentary transfer- taxes payable in the recordation of the -3- Grant Deed and any other documents which the parties may mutually direct to be recorded in the official records. Buyer and Seller shall pay, respectively, the Escrow Holder's customary charges to Buyer and Seller for document drafting, recording and miscellaneous charges. Real property taxes for the Property shall be prorated as of the Close_ of Escrow. 1. Disbursements and other actions by Escrow Holder. Upon the Close of Escrow, the Escrow Holder shall promptly undertake all of the following in the manner hereinbelow: indicated: a. Disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price for the Property as follows: (1) Deduct therefrom all items chargeable to account of Seller pursuant hereto and for the account of any lenders of record, pursuant to separate instructions by Seller. (2) The remaining balance of the funds so deposited by Buyer shall be disbursed to Seller promptly upon the Close of Escrow. b. Cause the Grant Deed and any other documents which the parties hereto may mutually direct to be recorded in the official records. 8. Waiver of Relocation Expenses. Seller is aware that. it is, or may be, entitled to recover from Buyer, Seller's expenses incurred in relocating its business and personal property to a new location. Seller hereby waives any and all rights it now has, or may have in the future, to relocation expenses or benefits to which it may entitled as a result of moving from the Property. 9. Default.. Seller agrees that if the within sale is not completed as herein provided through no fault of Buyer, Buyer, at its option shall be entitled, in addition to any other remedy now or hereafter available to Buyer under the laws or judicial decision of the State of California, to compel Seller to perform its obligations under this Agreement by means of a specific performance proceeding -4- or Buyer may terminate this Agreement and shall be entitled to recover all of its out -of- pocket expenses from Seller which Buyer incurred or became liable for in connection with this transaction including costs and expenses of Escrow otherwise to be paid by Buyer. 10. Notices. All notices or other communication required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, at the following addresses: Seller: Wayne T. Hesselbarth. and Wilma F. Hesselbarth 125 W. Main Street Santa Maria, CA,93454 Buyer: City Attorney City of San Luis Obispo P. O. Box 321 San Luis Obispo, CA 93406. Escrow Holder: First American Title Insurance Company 899 Pacific Street San Luis Obispo, CA 93401 Attention: Susan Fox Notice shall be deemed given as of the time of personal delivery or seventy -two hours following deposit in the United State mail. Notice of change of address shall be given by written notice in the manner detailed in this paragraph. 11. Brokers. Seller shall make arrangements for payment of .a real estate brokerage commission with respect to this transaction to - r John Rossetti. Said payment shall be made by Seller outside of Escrow. Seller represents and warrants to Buyer, and Buyer represents and . warrants to Seller, that, other than as stated hereinabove, no broker or finder has been engaged by it, respectively, in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any of such transactions. -5- In the event of any'such additional claims for brokers' or finders' fees or consummation of this Agreement, then Buyer shall indemnify, save harmless and defend Seller from and against such claims if they shall be based upon any statement or representation or agreement by Buyer and Seller shall indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation, or agreement made by Seller. 12. Repurchase Option. Buyer hereby covenants and represents that it intends to use the Property for public parking purposes. As further consideration for this sale, Buyer hereby grants to John Rossetti and Robin Rossi, ( "Seller's Agents ") the personal right and option, which is non - assignable and non - transferable to repurchase the Property if Buyer decides by formal City Council resolution, within. one year not to use the Property for public parking purposes, for a. purchase price equal to the Purchase Price herein plus payment by Seller's Agents of all costs and expenses of Escrow, "including those otherwise payable by Buyer, including a Title Insurance Policy for Seller's Agents benefit, the escrow fee of an escrow holder, any and all documentary transfer taxes payable in connection with the record- ation of the Grant Deed or any other documents which the parties may mutually direct to be recorded in the official records of the County of San Luis Obispo, plus the escrow holder's customary charges for Buyer for documents drafted, recording and miscellaneous charges and proration of real property taxes which may be a lien on the Property.. As further consideration for this sale, Buyer.hereby grants to Seller's Agents the personal right and option, which is non - assignable and non_ transferable, to repurchase the Property, if Buyer decides after the expiration of one year from the Close of.Escrow herein, but prior to the expiration of five years from the Close of Escrow herein, by formal City Counc�_�' Resolution, that it use the Property for public parking purposes, for a purchase price equal to the fair market value of the Property plus payment by Seller's Agents of all costs and expenses of Escrow as set forth above in the immediately preceding paragraph. If Buyer and Seller are unable to agree on the fair market value of the Property, then the Property shall be appraised by an impartial appraiser designated by Buyer and Seller, or if they are unable to agree, by the then President of the San Luis Obispo Board of Realtors, and said appraiser's estimate of the fair market value shall be the purchase price; provided in no event shall Buyer be required . to sell the Property to Seller's Agents for a price less than Three Hundred Sixty Six Thousand Dollars cash plus costs and expenses of escrow. Said appraiser shall be designated a MAI by the American Institute of Real Estate Appraisers, and shall be familiar with the values of commercial real property in San Luis Obispo County. The cost of the appraisal shall be borne equally by Buyer and Seller. Buyer will execute and deliver to Seller's Agents at the Close of Escrow, a recordable Option to Repurchase containing the terms and conditions set.forth above, in the form attached hereto as Exhibit "' =C" and incorporated herein by this reference. 13. Seller's-Representations and Warranties. a. In addition to any express agreements of Seller contained herein, the following constitute representations and warranties of Seller which shall be true and correct as of the Close of Escrow (and the truth and accuracy of which shall constitute a condition to the Close of Escrow): (1) There are no actions, suits, materials, claims, legal proceedings or any other proceedings affecting the Property or any portion thereof at law or inequity before.any Court or governmental agency, domestic or foreign. -7- (2) Seller has not received any notices from governmental authorities pertaining to violations of law or governmental regulations with respect to the Property, and does not know of any which may have been received by its predecessor in interest. (3) Seller has no knowledge of any pending or threatened proceeding in eminent domain or otherwise, which would affect the Property, or any portion thereof, nor does Seller know the existence of any facts which might give rise to such action or proceeding. (4) There are no leases, subleases, occupancies, or tenancies in effect pertaining to the Property, other than the lease between Buyer and Seller, a copy of which is attached hereto as Exhibit "D" and incorporated herein by this reference. (5) There are no liens or encumbrances on or claims to, or covenants, conditions and restrictions, easements, rights of way, rights of first refusal, options to purchase, or other matters affecting the Property except the Conditions of Title and any rights conferred by this Agreement to Seller. (6) There is no material adverse fact or condition relating to the Property, or any portion thereof, which has not been specifically disclosed in writing by Seller to Buyer. (7) Seller has the legal power, right and authority to enter.into this Agreement, and to, consummate the transaction contemplated hereby. (8) There are no fixtures on the property in which anyone other than Seller has any claim, rights, or security or other interest. (9) There are no service or maintenance contracts, manage- ment agreements or any other agreements which will affect Buyer or the Property subsequent to the Close 9f Escrow other than the lease described in subparagraph (4) above. (10) There are no encroachments onto the Property of improvements located on any adjoining property nor do any improvements located.on the Property encroach onto any other adjoining property. b. In the event that, during the period between the execution of this Agreement, and the-Close of Escrow, Seller has actual knowledge of, learns of, or has a reason to believe that any of the above representations or warranties may cease to be true, Seller hereby covenants to immediately give notice to Buyer of the change in circumstances. Upon Seller notifying Buyer of the change in circum- stances, Buyer may, at its sole option, terminate this Agreement and all funds deposited,into Escrow or delivered to Seller in connection herewith shall be immediately returned. Further, in the event Buyer so elects to exercise its option, Seller shall pay all Escrow costs, if any, incurred by both parties herein under this Agreement. 14. Survival of Conditions. The covenants, agreements, represen- tations and warranties made herein which are intended to survive the Close of Escrow shall survive the Close of Escrow and the recordation and delivery of the Grant Deed conveying the Property to Buyer and any investigations by the parties. 15. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the Parties hereto, with the exception of the Repurchase Option which is personal to Seller's Agents and non - assignable. 16. Required Actions of Buyer and Seller. Buyer and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the timely Close of Escrow in accordance with the provisions hereof. I= "EXHIBIT A" LEGAL DESCRIPTION EXHIBIT+ 11AI�._�.;.�t =:fir^. ESCROW 140: 1- 823421 -SF DATE: AUGUST 3, 1982 Lot 16 and that portion of Lot 15 in Block 7 of Murray and Church's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record September 270 1877, in Book A. at Page 144 of Maps, described as follows: Beginning at the Northwesterly corner of Broad and Marsh Streets, in the City of San Luis Obispo, as said streets exist and as said Marsh Street has been widened; thence Northwesterly along the Westerly line of Broad Street 80 feet more or less, to the Southeasterly corner of the Lot conveyed to Manuel Faustino Picano by deed recorded in Book 95 at Page 69 of Deeds; thence at right angles Southwesterly along the Southerly line of the aforesaid Lot of Manuel*Faustino Picano 145 feet to the Westerly line of said Lot 15; thence at right angles Southeasterly along the Westerly line of Lots 15 and 16, 80 feet more or less to the Northerly line of Marsh Street; thence Northeasterly along said Northerly line of Marsh Street 145 feet to the point of beginning. 17. Entire Agreement. i The Agreement contains the Entire Agreement between the parties hereto relating to the Property, and may not be modified except by an instrument in writing signed by the parties hereto. 18. California Law. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. 19. Waivers. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provision. 20. Caption. The captions, paragraph and subparagraphs numbers appearing in this Agreement.are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope of intent of such paragraph of this Agreement, nor in any way affect this Agreement. 21. Representation by Counsel. Seller acknowledges that it is aware that Guyer is represented by an attorney in this transaction. seller further acknowledges that it freely and voluntarily elected not to be represented by its own attorney in this transaction. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. ATTEST: /21X/0 IT CL BUYER CITY OF SAN LUIS OBISPO, a chartered -10- .. RESOLUTION NO.4930(1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING IN PART AND GRANTING IN PART AN APPEAL OF A PLANNING COMMISSION DECISION TO AMEND USE PERMIT N0. U0898 ALLOWING A FRATERNITY AT 1617 SANTA_ ROSA, STREET. WHEREAS, the Council of the City of San Luis Obispo considered the appeal by Lambda Chi Alpha Fraternity and conducted a public hearing on the matter; and WHEREAS, the City Council determined that conditions 17, 19 and 20 of Use Permit U0898 unnecessarily and improperly restrict the use of applicant's property; and WHEREAS, the Council determined with concurrences of the permittee that Conditions 16 and 21 of the Use Permit U0898 are proper and appropriate restrictions upon the use of applicant-'_s property. NOW, THEREFORE, the Council resolves to grant in part applicant's appeal, to wit, as it applies to conditions 17, 19 and 20, and deny the appeal in part, to wit, as it applies to conditions 16 and 21 providing that condition 21 shall be amended as stated below. Condition 17 of Use Permit U0898 is hereby amended to read as follows: "Failure to comply with this use permit may be grounds for "revocation pursuant to Section 9204.7 (B) (2) of the San Luis Obispo Municipal Code.." Condition 19 of Use Permit U0898 shall read as follows: "Applicant shall allow the City between the hours of 8:00 a.m. and 6:00 p.m. to verify that occupancy of the house is limited to the residents, either by allowing an inspection of the premises or records provided that said inspection shall be preceded by notice to the residents of not less than one hour and provided that, an officer of the fraternity consents to such inspection." R 4930 Resolution No.4930(1982 Series) Page 2 Condition 20 of Use Permit U0898 shall be deleted in its entirety. Condition 21 of Use...Permit U0898:1s- amended to read as follows: "All reasonable written citizen or Police Department complaints received by the Community Development Department shall be forwarded to the representatives of the Interfranternity Council and Panhellanic Council for their review and comment prior to review by the Planning Co.mmission in accordance with a complaint review process established between the city and the interfraternity Council and Panhellanic Council. Said review by representatives of the Interfraternity Council and Panhell- anic Council shall not include the names of the complaining parties unless said complaining parties consent to the use of their names." On-motion of Councilman Griffin and on the following roll call vote: , seconded'by Councilwoman Dovey, AYES: Councilmembers Griffin, Dovey, Dunin, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd. day of August, 1982. MAYOR ANIE C. BILLIG ATTEST: CITY CLERK PAMELA V06ES Approved: Q 5 City Administrativ Off' er City Attorney 0 RESOLUTION N0.4929(1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TWELVE MONTH TIME EXTENSION FOR MINOR SUBDIVISION No. 79 -094 LOCATED AT 579 HIGHLAND DRIVE AND 618 FELTON WAY WHEREAS, the subdivider requests a twelve month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that a twelve month 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 -94 is granted a twelve-month time_ extension to June 19, 1983, subject to original parcel map conditions as specified in City Council Resolution No. 3878 (1979 Series) attached hereto. On motion of Councilwoman Dovev 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 3rd, day of August. 1982. C. BILLIG ATTEST: CIT CLERK PAMELA ES JII Resolution No.4929(1982 Series) Minor Subdivision No. 79 -094 Page 2 APPROVED: City A is ative Officer City Attorney Communtiy Development Director RESOLUTION NO. 3878 (1979 series) MS 71.09y A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MINOR SUBDIVISION NO. 79 -094 LOCATED AT 579 HIGHLAND DRIVE AND 618 FELTON WAY 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 -094 and the Planning Commission's recommenda- tions, staff recommendations and reports thereon, makes the following findings: I. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the R -1 and R -2 -S zones. 3. The design is riot likely to cause substantial environmental damage or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with the public easements for access through, or use of property within the proposed sub- division. SECTION 2. That the approval-of the tentative map for Minor Subdivision 79 -094 be subject to the following conditions: 1. Subdivider shall provide an easement to Felton Way for sanitary sewer service and stonn drainage for parcel 2, to tine approval of the .City Engineer. A lot drainage and grading plan shall be submitted for the approval of the City Engineer. Final map shall note that drainage improve- ments are required as a condition of any building construction on lot 2. 2. Subdivider shall pay water frontage and acreage fees as determined by the City Engineer prior to final map approval. 3. Subdivider shall Install curb, gutter and sidewalk along Highland Drive, to the approval of the Public Services Department. 4. Subdivider shall pay park in -lieu fees per Municipal Code Section 9100.3.12 for lot 2 prior to final map approval. 5. Subdivider shall install street trees to the approval of the Public Services Department on Highland Drive frontage. Street trees shall be planted behind the sidewalk, and placed so as not to obscure vision of motorists. 6. All new utilities shall be installed underground. "7. Subdivider shall install individual water and sewer services to lot'2. Water meters shall be located in sidewalk at property frontage. 8. All new lot corners shall be staked by a registered civil engineer or licensed surveyor. 9. Final map shall have a note stating access riq;rts to highland Drive with exception of most westerly 20' for driveway are dedicated to the City. On uiotio i Of Connri iimn Jorgensen, seconded by Councilwoman Billig, and on the following roll call vote AYE: Councilmeinbers Bi11ija, Bond, Dunin, Jorgensen and ciavor Cooper NOE: None AESENl: None R 3878 F;inor Subdivision 79 -094 (1979 series) The foregoing resolution was passed and adopted this 19th day Of June, 1979. ATTEST: 5 C�Ci-eirk li �HiCzpaL'rl Approved as to form: City Attorney Approved as to content: rl-tj�Administra;mve Officer Community Development Department /a�� v r i RESOLUTION NO. 4928(1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING LIENS UPON REAL PROPERTY PARCELS FOR WEED ABATEMENT COSTS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. This Council hereby finds and confirms the existence as of August 3, 1982, of duly imposed liens in the amounts and upon the real property parcels set forth in Exhibit "A" delinquency list attached hereto. Said liens were imposed for weed abatement costs incurred by the City upon said parcels in Fiscal year 1981 -82 in accordance with provisions of the City's Municipal Code, Section 5220 - 5220.9. 2. The.Director of Finance is directed to send a copy of this Resolution to the Auditor - Controller of the County of San Luis Obispo for collections of said liens along with regular City property taxes for 1982 -83. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Niayor Billig NOES: None ABSENT : None the foregoing Resolution was passed and adopted this 3rd. day of August , 1982. ATTE CI Y CLERK, P AMEL VOGES APPROVED: City Administrative Officer C i ty A y F n a n e r R 4928 ��h�► IIIIIIp�p��U city of San WI S OBI Spo - COUNCIL AGENDA REPORT EXHIBIT "A" - DELINQUENT WEED ABATEMENTS for collection with 1982 -83 property taxes) The following is a breakdown of Fire Department abatement cost for 1982. This report is being submitted to the San Luis Obispo City Council for approval on August 3. 1982: Parcel Number Fire Dept. Cost Admin. Ser. Chg. Total - 001- 072 -22 -000 $ 12.00 $ 9.00 $ 21.00 001- 074 -22 400 19.00 .9.75 28.75 001- 074 -23 -000 19.00 9.75 28.75 001 - 192 -10 -000 19.00 14.25 33.25 001 - 136 -07 -0'00 35.25 26.44 61.69 001 - 251 -23 -000 47.00 35.25 82.25 002 = 272 -15 -000 36.75 27.56 64.31 002 - 272 -16 -000 11.75 8.81 20.56 002 - 272 -17 -000 36.75 2.7.56 64.31 002 - 272 -18 -000 36.75 27.56 64'.31 002 - 272 -19 -000 36.75 27.56 64.31 002 - 272 720 -000 36.7.5 27.56 64.31 002- 272 -21 -000 60.25 45.19 105.44 002 - 272 -22 -000 11.75 8.81 20.56 002 - 272 -23 -000 35.25 26.44 61.69 002 - 293 -11 -000 19.00 14.25 33.25 002- 294 -06 -000 1.9.00 14.25 33.25 002 - 452 -08 -000 6.00 4.50 10.50 002- 505 -03 -000 12.00 9.00 21.00 003- 553 -20 -000 7,0.50 52:88 123.38 003 - 573 -01 -000 60.25 45.19 105.44 003-. .638 =11 -000 23.50 17.63 41.13 003 - 651 -08 -000 23.50 17.63 41.13 003431 =15 -000 3.5.50 2.6.63 62.13 003- 738 -11 -000 6.00 4.50 10.50 003 - 751 -01 -000 6.00 4.50 10.50 004 - 272 -12 -000 31'.00 23.25 54.25 004 - 27.2 -13 -000 19.00 14.25 33.25 004 - 272 -14 -000 1"9.00 14.25 33.25 004- 272 -15 -000 19.00 14.25 33.25 004 - 272 -1.9 -000" 19.00 . 14.25 33.25 004 - 272 -20 -000 19.00 14.25 33.25 004 - 2.7.2 -21 7000 36.75 27.56 64.31 004- 2.93 -26 -000 11.75 8.81 20.56 004 - 293 -39 -000 11.75 8.81 20.56 004 - 293 -38 -000 11.75 8.81 20.56 004 - 2.93 -40 -000 11..75. 8.81 20.56 .004- 293 -59 -000 36.75 27.56 64.31 004= 2.93 -58 -000 36.75 27.56 64.31 004 - 583 -40 -000 23.50 17.63 41.13 004- 753 -20 -000.) 004 - 753 -21 -000) 004 - 753 -22 -000) 25..50 19.13 44.63 004 - 762 =12 -000 55.75 41.81 97.56 004 - 764 -07 -000 13.00 9.75 22.75 004 - 764 -08 -000 19.00 14.25 33.25 004 = 764 -15 -000 19.00 14.25 33.25 -1- ��H��illlip�p�►��q��U city of San LUIS OBISpo COUNCIL AGENDA REPORT Fire Department Parcel Number. abatement costs for Fire Dept. Cost _Admin._Ser_- 1982 - continued. Cho. Total' 004 - 821 -33 -000) $ $ $ 004 - 821 -34 -000) 004- 821 -35 -000) 004- 821 -36 -000) 100.00. 75.00 175..00 004 - 982 =23 -000 12.00 9.00 21.00 052- 022 -23 =000 .23.50 17.63 41.13 052 - 071 -04 -000 23.50 17.63 41.13 052- 082 -33 400 76.50 57.38 133.88 052 - 135 -19 -000 23.50 17.63 41.13 052 - 136 -08 -000 70.50 52.88 123.38 052- 1.36 -20 -000 .59.00 44.25 103.25 052 - 136 -23 -000 35.50 26.63 62.13 052 - 142 -74 -000 59.00 44.25 103.25 0$2- 181 -01 -00.0 11.7.5 8.81 20.56 052- 182 -30 -000) 052 - 182 -32 -000) .92.50 69.38 161.88 052 - 193 -01 -000 29.50 22.13 .51.63 052 - 313 -06 -000 6.00 4.50 10.50 052- 271 -02 -000 59.00 44.25 103.25 053 - 051 -39 -000 135.50 101.63 237.13 053- 062 -18 -000 25.00 18.75 43.75 053- 063 -04- 000 2.5.00 18.75 43.75 053 - 063 -09-000. 25.00 18.75 43.75 053- 071 -02 -000 12.00 9.00 21.00 053 - 113 -05 -000 11.75 8.81 20.56 053- 272 - 18.000 19.00 14.25 33.25. 053 = 272 -19 =000 19.00 14.25 33.25 0.53- 272 -20 -000 1,9.00 14.25 33.25 053 - 272 -21 -000 19.00 14.25 33.25 053= 272 -22 -000 19.00 14.25 33.25 053- 272 -23 -000 19.00 14.25' 33.25 0.53 - 272 -2.4 -000- 19.00 14.25 33.25 053- 272 =25 -000 1,9.00 14.25 33.25 053- 272 -26 -060 1.9.00 14.25 33.25 053- 272 -27 -000 48.50 36.38 :. 84:88 053 - 272 -28 -000 1.9.00 14.25 33.25 053 - 272 -29 -000 1.9.00 14.25 33.25 053- 272 -30 =000 19.00 14.25 33.25 053 - 272 -31 -000 19.00 14.25 33.25 053- 272 -.32 -000 19.00 14.25 33.25 053 - 272 -33 -000 19.00. 14.25 33.25 053 - 2.72 734 -000 19.00 14.25 33.25. 053 - 272 -35 -000 22.00 16.50 38.50 053- 272 -36 -000 19.00 14.25 33.25 053- 272 -37 -000 19.00 14.25 33.25 053 - 273 -01 -000 19.00 14.25 33.25 053- 273 -02 -000 19.00 14.25 33.25 053- 273 -03 -000 .19.00 14.25 33.25 -2- city of •i •• Fire Department Parcel Number abatement costs for Fire Dept. Cost 1982 - continued. Admin. Ser. Chg. Total 053 - 273 -04 -000 $ 19.00 $ 14.25 $ 33.25 053 - 27.3 -0.5 -000 19.00 14.25 33.25 053 - 273 -06 -000 19.00 14.25 33.25 053 - 273 -07 -000 19.00 14.25 33.25 053 - 273 -08 -000 19.00 14.25 33.25 053 - 27.3 -24 -000 19.00 14.25 33.25 053 - 273 -25 -000 19.00 14.25 33.25 053- 273 -26 -000 19.00 14.2.5 33.25 053 - 273 -42 -000 19.00 14.25 33.25 053 - 273 -43 -000 19.00 14.25 33.25 053 - 273 -44 -000 19.00 14.25 33.25 053 - 272 -16 -000 19.00 14.25 33.25 001 - 222 -05 -000 11.75 8.81 20.56_ 002 - 508 -05 -000 11.75 8.81 20.56 052 - 033 -36 -000 47.00 35.25 82.25 053 - 181 -32 -000 35.25 26.43 61.68 004- 753 -23 7000 35.25 26.43 61.68 052 - 175 -08 -000 23.50 17.62 41.12 052 - 351 -14 -000 11.75 8.81 20.56 053- 221 -25 -000 36.75 27.56 64.31 053- 193 -07 -000 36.75 27.56 64.31 004 - 763 -01 -000 36.75 27.56 64.31 053 - 272 -13 -000 23.50 17.62 41.12 0.53- 272 -14 -000 23.50 17.62 41.12 053- 272 -15 -000 23.50 17.62 41.12 0.53- 272 -17 -000 23.50 17.62 41.12 TOTALS: $3,238.75 $'2,420.05 $5;658.80 -3- �� /� �ir� RECORDING REQUESTED BY AND MAIL TO NAME C' r STREETeQ� l h yx 3 CITY 9 0 5l0 L Doc. No. . 34095 OFFICIAL RECORDS SAN LUIS 09050 CO., CAL AUG 17 1982 VALUAM E. ZIMARIK COUNTY RECORDER TIME $ :2 0 PM RESOLUTION NO. 4927 (1982 Series) 27+3 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF FLETCHER AVENUE BETWEEN LEONA AND FLORENCE AVENUES IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME. V � .•hi BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on August 3, 1982,--pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, this Council finds and determines that the portion of Fletcher Avenue between Leona and Florence Avenue as shown on Exhibit A.and described on Exhibit B, attached hereto and incorporated herein, is not necessary for present or prospective public street purposes. SECTION 2. This Council hereby orders the abandonment of said section of Fletcher Avenue subject to reservation of an area for public drainage and utility purposes as shown on Exhibit A and described on Exhibit B. SECTION 3. The City Clerk shall cause a- _- -`_i`_'_ d- __r, _r this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo. 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 3rd. day of August , 1982. Resolution No. 4927 (1982 Series) I.1 "Ol]�I_"I Z.sle/4 L,,I� City Admifiistfative Officer LAS v y City Attorney qz�� . Community Development Director Ci4Enineek vot 242u�M�{ (fiI MIA 2r-�) Lo 1 L J -1I N v =<elot IL t I ! 4 LA 5ELLE 5 ,6 12S , 9 AaD1T"ION 2 8 7 In NL vE. 1 /O 12 W -'t -MO 1T TRACT 2 ADC E II 3 !O PugLIC U IIUTc' DRAI'A/AEE EASEMEN r FbRT lay) TO e>r-- D R W. BY: R . HANGI�N DATE: c1ty or , ! 0 N E 17,1Zt2 SM Luis oi3ispo SSA , Z �,. - 1 oU- PolNT :1 �I LU 25 25 MIA 2r-�) Lo 1 L J -1I N v =<elot IL t I ! 4 LA 5ELLE 5 ,6 12S , 9 AaD1T"ION 2 8 7 In NL vE. 1 /O 12 W -'t -MO 1T TRACT 2 ADC E II 3 !O PugLIC U IIUTc' DRAI'A/AEE EASEMEN r FbRT lay) TO e>r-- D R W. BY: R . HANGI�N DATE: c1ty or , ! 0 N E 17,1Zt2 SM Luis oi3ispo SSA , Z �,. - 1 oU- PolNT = 97010'SOIl �I LU 25 25 (� rl Q N nn o O i EXH I51T "A " F LE TC H ER Al c A13 AMDON MELENT rtETVdEEN FLO!�,'EKICE AND LE"ONA A\IEKUT VOL CgLUP1Gct �,. - 1 oU- PolNT = 97010'SOIl 25 25 (� a' � nn o ll) zIJ EXH I51T "A " F LE TC H ER Al c A13 AMDON MELENT rtETVdEEN FLO!�,'EKICE AND LE"ONA A\IEKUT VOL CgLUP1Gct FLETCHER AVENUE ABANDONMENT EXHIBIT "B" That portion of Fletcher Avenue lying between a prolongation of the easterly right -of -way of Florence Avenue, and a curved line concave to the East, having a 40 -foot radius, the radial point of said curve being the centerline intersection of Leona and Fletcher Avenues, as shown on La Belle Addition recorded June 2, 1888 in Volume A. Page 124 filed at the San Luis Obispo County Recorders Office, and the Maymont Tract recorded April 9, 1888 in Volume B. Page 91 filed at said County Recorders Office. Except therefrom a reservation of the entire area for public utility and- drainage'purposes except the westerly 115.25 feet of the South half of Fletcher Avenue, and "Reserving however to Pacific Gas and Electric Company the right from time to time to install, maintain, repair, operate, replace, remove and renew lines of pipes, wires, poles., and other structures, equipment and fixtures both above and underground for the.-operation of said facilities in said street." Reserving a permanent easement pursuant to the provisions of Section 8340. of the Streets and Highways Code and for the benefit of the Pacific Telephone and Telegraph Company with the right at any time or from time to time:to construct, maintain, operate, replace, remove,'renew and enlarge lines of pipe, conduits, cable, wires, poles and other convenient structures, equipment and fixtures for the operation of telegraphic and telephone lines and other communication facilities, including access and the right to keep the property free from inflammable materials and wood growth, and otherwise protect the same from.all hazards, in, upon, over and across that portion of Fletcher Avenue or'part thereof, as shown on Exhibit A and described above. YOL 2420pa,C-359 0 RESOLUTION NO. 4926 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS 0BISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND BOOK PUBLISHING COMPANY, FOR ORDINANCE ANALYSIS AND REPORT AND CODE STRUCTURAL PLAN FOR CITY OF SAN LUIS OBISPO MUNICIPAL CODE 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 Book Publishing Company is hereby approved and the Mayor is authorized to execute the same. SECTIO14 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: Book Publishing Company; City Finance Director On motion of Councilman Griffin seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd, day of August , 1982• APPROVED: y City Admini trative Officer City/ ClCler R 4926 BOOK PUBLISHING COiAT:v \Y PROPOSAL FOR ORDINANCE ANALYSIS ND REPO R-T AivD CODE STRUCTURAL PLAw FOR SAN.LUIS OBISPO, CALIFORNIA To prepare and furnish to the municipality of San Luis Obispo, California, two copies of an analysis of the existing ordinances of the municipality and a code structural plan, Book Publishing Company agrees to: A. Examine all ordinances or resolutions and check with applicable state statutes. Decisions of the Supreme Court of the state specifically involving ordinances of the municipality will be checked. United States Supreme Court decisions, affecting or bearing on the validity of the ordinances of the municipality, together with a brief digest of the holding of the Court will be noted. Conflicts and inconsistencies will be pointed out to the municipal attorney. References to applicable state law will be footnoted below appropriate sections of the proposed code structural plan. B. We will inform the municipal attorney of all outmoded or obsolete ordinances and all apparently conflicting provisions of ordinances where reconciliation, repeal or other legislation appears desirable. C. Upon request of the municipal attorney, we will suggest ordinances or parts thereof to fill gaps, cover unregulated problems, or clarify and reconcile conflicts or inconsistencies. D. The municipality agrees to supply two copies of all ordinances to the company. In the event the municipality accepts the company's proposal for the Ordinance Analysis and Report, seventy (70) percent of the money paid by the municipality for the Ordinance Analysis and Report will be credited in full towards the cost of a complete codification project undertaken within one year of the completion of the Ordinance Analysis and Report. Cost to supply above mentioned service ................$3500.00 -_. (plus appropriate state taxes) w l 2 � mss. = i ✓t��..:.._ ._.�....- —... .S ...i: �. .... � w .. __ _^•.�._ f. .t._ - ._tea. i. '4 _. - 0 11"D THIS CONTRACT IS A VALID PEOPOSAL FO:. A PERIOD OF NINETY DAYS FROM THE DATE OF ITS SUBMISSION TO THE HUNICIOlLIT7. Bid submitted Auril 26, 1932 BOOK PUBLISHING COMPsk iY A Coworation By Fresident and secret:�Lry Accepted - Date August 3, 1982 MUNICIPALITY 0 * F SAN LUIS OBISPO,-, F&K;i A lip B31) =.nets `'May6rAlanie C. Billig Attest: Gity Clerklamelo(/Vogis A Chapter 2.32 CITY TREASURER Sections: 2.32.010 Term. 2.32.020 Bond. 2.32.030 Duties generally. 2.32.040 Monthly statements. 2.32.050 Annual report. 2.32.060 Deposit of funds. 2.32.070 Deputy treasurer — Office created. 2.32.080 Deputy treasurer — Appointment —Bond. 2.32.010 Term. The city treasurer shall be elected for a four -year term at the same time the mayor is elected. If a vacancy occurs in the office of city treasurer it shall be filed by the mayor with the advice and consent of the city council, the person so appointed to hold office for the unexpired term of the officer elected. He shall receive such compensation as is set from time to time by ordinance of the city council; provided however, the compensation may not be changed during his term of office. (Ord. 12 § 1, 1959). 2.32.020 Bond. The city treasurer shall give a bond in such sum as may be required by the council, but the bond shall not be less than the amount required by statute. The bond shall be conditioned upon the faithful performance by the treasurer of the duties of this office, and to indemnify the city for any loss due to any neglect of duty or wrongful act on the part of the treasurer. (Ord. 12 § 2, 1959). 2.32.030 Duties generally. A. The city treasurer shall receive all money paid into the city, either directly from the person paying it, or from the hands of such other officer as may receive it. 53 2.32.0 10-2.32.060 B. He shall keep records showing all money received by him. the source from which it was received, and the purpose for which it was paid out. C. He shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto. D. He shall pay out money only on vouchers or orders properly signed by the city clerk and the mayor. (Ord. 12 § 3, 1959). 2.32.040 Monthly statements. At the end of every month, and oftener if required by the corporate authorities, the treasurer shall render an account under oath to the city council showing the state of the treasury at the date of the account and the balance of money in the treasury. He shall accompany the account with a statement of all money received into the treasury, and on what account, together . with all warrants redeemed and paid by him. (Ord. 12 § 4, 1959). 2.32.050 Annual report. A. Each year the city treasurer shall make out and file with the city clerk a full and de- tailed account of all municipal receipts and expenditures during the preceding fiscal year, and the state of the treasury at the close of the fiscal year. B. The clerk shall publish this account at least once, within ten days, in one or more news- papers published in the municipality or circu- lated therein. (Ord. 12 § 5. 1959). 2.32.060 Deposit of funds. The city treasurer shall deposit the city funds in such depositories as may be selected from time to time by the city council. He shall receive such compensation as is set from time to time by ordinance of the city council; provided however, the compensation may not be changed during his term of office. He shall pay out money only on vouchers or orders properly signed by the city clerk and the mayor. RESOLUTION NO. 4925 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND C. ROBERT ANDERSON, DBA PACIFIC COAST PUBLISHING, AN INDEPENDENT CONTRACTOR PROVIDING WRITING, EDITORIAL, LAYOUT, PRODUCTION, AND PUBLICATION SERVICES TO THE CITY BE IT .RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "i" and incorporated herein by reference, between the City of San Luis Obispo and C. Robert Anderson 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: C. Robert Anderson; City Finance Director. On motion of Councilman Griffin , seconded by Councilman_Dunin:'.? and on the following roll call vote.: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd," day of August 1982. Approved: City A ,in'strative Officer City A Financ ;r ,- �. � EXHIBIT 1 AGREEMENT FOR PERSONAL SERVICES This Agreement is made and,entered into this 3rd. day of August , 1982, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, ( "City "), and C. ROBERT ANDERSON, dba Pacific Coast Publishing, an independent contractor providing writing, editorial, layout, production and publication services ( "Anderson "); collectively referred to herein as the "parties ". RECITALS The parties enter into and execute this Agreement with knowledge of and reliance upon the following facts: 1. C. Robert Anderson is an individual experienced in writing, editorial, layout, production and publication services who is capable of assisting the City Administrative Officer and Assistant City Administrative Officer in performing various editorial and publication services. 2. City desires to employ Anderson as an independent contractor to provide certain services which will not be performed in detail by City employees or available within City services subsequent to June 30, 198$: AGREEMENT NOW, THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein, and subject to all the terms and conditions hereof, the parties agree as follows: A. Commencing August 1, 1982, Anderson agrees to provide the writing, editorial, layout, production and publication services more specifically described in the "Preliminary Contract Proposal" attached hereto as Exhibit "A" and incorporated herein by this reference, ( "contract services "), for the rates set forth in the Preliminary Contract Proposal. Anderson further agrees to provide services to City pursuant to the terms of this contract.only as directed by, A i 1_� and at the sole discretion of, the City Administrative Officer or Assistant Cit,: Administrative Officer. Said contract services shall continue through June 30, 1983, provided, that either party may terminate this - agreement by two weeks written .notice to the other party. B. Notwithstanding any representations., oral or written, between the parties or any agent or representative thereof, City shall pay no more than $3,000.00 to Anderson for contract services rendered pursuant to the terms of this agreement during the period August 1, 1.982 through and including June 30, 1983, and Anderson shall not render services pursuant to the terms of this contract in excess of $3,000 during the same period. C. City agrees to pay Anderson for contract services rendered at the rates set forth in Exhibit A, subject to the limitations set forth in Paragraph B, above, in accordance with the regular City payment procedures, provided, Anderson shall submit a written statement of contract services rendered on the 1st and 15th day of each month to the Assistant City Administrative Officer. D. Anderson agrees that, at all times covered by the terms of this Agreement, he is acting as a free and independent contractor, not as an employee of the City, and as such, shall not accrue or be eligible for vacation, sick leave, worker's compensation, unemployment insurance benefits, medical insurance, or other similar benefits available to City employees. E. Anderson further agrees to provide his own office space and incidental supplies, not specifically identified as recompensable expenses in Exhibit "A ", necessary for his performance under this Agreement; provided, the City Administrative Officer or Assistant City Administrative Officer may, at his discretion, permit Anderson to utilize City's office space, equipment or supplies. F. This agreement is for personal editorial services by- Anderson and is not assignable without the prior written consent. of City. n. ?. j ♦ ,�� z - x � - `' r` � .'r: X w _ , - -� 3 t' .`h P-'ry 't. .a 'yl . .. .ref _♦. .. > -_ - .. � _. _. t _ti.i_ �1. .. , u. - .. .Y ,-- ..]Y, n.: y. 1 .. r.. .. � .'!. _a .. ... G. Anderson shall indemnify and hold City harmless from and against any and all claims, demands, actions or judgments arising from, or in connection with, Anderson's performance of this Agreement, including, but not limited to, any claims, demands, actions or judgments arising from any negligence by Anderson. H. The provisions of this Agreement are severable. If any term or provision is found to be illegal or invalid such illegality or invalidity shall not affect the remainder of the Agreement. I. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. J. This Agreement constitutes the entire agreement between the parties with regard to the matters set forth herein. This Agreement may not be altered or otherwise modified except by writing executed by the parties. K. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. mail return receipt requested, to the following addresses: City: City Clerk, City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Anderson: C. Robert Anderson 114 Del Norte Way San Luis Obispo, CA 93401 C. ROBERT ANDERSON TY OF LUIS OBISPO By / ) P OR L IE C. BILLIG ATTEST: City Clerk Pamela Voges ...a. ."�` c �:, ♦ : .J AtY 9_ 1 "�-%�. r :n iw ,...V} -'' -af -i i♦ ,'2"i 'S `+'.0 -. .z. -i -ri :,�. l Na'�`�. .. � 4.` .!. V __ - .. - . Y .. • ... M _ Y M... -. .. �,'.' .-:,r' .- ...• vry .. SAC, .. .. ?!1d \ -. T'� � LJ':- � �. ..0 P: ...y � �.r.. t..'- h�Si`W r "�• �� ti� ,� :s SrArHIBIT „A►► PRELIMINARY CONTPa\CT PROPOSAL -- CITY NEWSLETTER 0 Proposal: To write and prepare for printing a bimonthly, camera - ready, city Newsletter for the 1982 -83 fiscal year, with the work to be done at an hourly rate except for typesetting, film, and film processing. Rates: Writing, editing, layout, and production coordination: $18 /hour (Guaranteed August 1, 1982 - June 30, 1983) Photography, paste -up, artwork: $20 /hour (Guaranteed August 1, 1982 - June 30, 1983) Billing would be for actual hours spent, plus typesetting and expenses for film and film processing. 6% sales tax will be charged if delivered as finished artwork. Work Scope: -; Writing, editing, layout and production coordination Includes: Helping plan topics. Planning production schedule. Picking up background material from City Hall, Minimal telephone interviewing to fill "holes" in material furnished. Drafting articles. Delivering rough drafts to the Administrative Office for approval. Conferring with administration about any changes to be made. Minimal rewriting. Correcting mistakes. Deliverying copy to typesetter, coordinating with typesetter, and picking up type. Writing headlines and cutlines. Specifying type size for text, headlines and cutlines. Proofing type. Correcting errors in type. Layout. Coordinating with photographer and illustrator, if used. Coordinating with paste -up artist. Delivering camera -ready art to City Hall. * Artwork and photography. * Paste -up. Includes: Preparing boards, paste -up, scaling photos and other art. * Typesetting. MISCELLANEOUS WRITING AND PUBLICATION SERVICES Proposal: To provide professional writing, editing, public - information and publication services as requested in the 1982 -83 fiscal year, with the work to be billed at hourly rates for actual time spent. Rates: For first two hours of professional editorial time on a single project or set of projects assigned together: $20 /hour (one -hour minimum per call -in) For professional editorial work beyond two hours:, -.$18 /hour For artwork, photography,. paste -up: $20/hour,_ u J '�� t'r y r �, IY .r hl, r tY `.✓ �y ., *` �,.ri1 ±"'$ irk +�i' - „y'� � �5.- ry�C cti � {,,; _. h�. �`. Z1, V N For clerical, delivery, and other non - professional work except typing: $8 /hour For routine, straight typing: Per page rate subject to change, approximately $10 /hour. . Typesetting, film, film processing: Cost + 10% (Editorial and non - professional rates guaranteed 8/1/82- 6/30/83. Sales tax of 6% will be charged on any finished products provided.) Work Scope * Publicity -- News releases, posters, special newspaper advertisement, copy and coordination for radio and TV public- service announcements (plus photography if. desired), etc. For such purposes as bus promotion, announcements of special projects and meetings such as the current creek - widening proposal and hearings, advertisements for applicants to fill commission vacancies, etc. * Publications -- Brochures, booklets, leaflets, pamphlets, explanation sheets, questionnaires, etc. Both new material and updates of existing material (the Employee's Guide, for example) * Official documents -- Drafts, rewrites, summaries, and the editing of planning studies,ordinances, guidelines, etc. • Procedures -- Explanation sheets, notice cards (e.g. shrub - trimming doorknob hanger and weed - abatement notice), applications and other forms, etc. •.Writing instruction -- Instruction in organizing and writing reports, letters, etc. SCHEDULED ADVERTISING _Proposal: To write Planning Commission "legal" ads and scheduled City Council "Agenda" display ads in the 1982 -83 fiscal year, and prepare them for newspaper publication, with the work to be done at an hourly rate. Rate: $18 /hour. (One -hour minimum per call -in. Guaranteed 8/1/82- 6/30/83) -2 t 'tr M. r' . a iii±. fY � ]✓ i ri.! ti+ �' � � C ,••� � ^y S�,`G ;z, Y +r RESOLUTION NO. 4924 (1982 Series) A RESOLUTION CONTINUING ROUTE 4 FOR A SIX -MONTH PERIOD, TERMINATING THE MIDDAY PASS, AND -," DISCONTINUING THE TUESDAY'S SHOPPERS SPECIAL. BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. Route 4, the Laguna /S. Higuera Shuttle, is to continue with the current "routes and hours of operation for an additional six month period commencing July 1, 1982. 1982. SECTION 2. The midday pass will be terminated effective September 1, SECTION 3. The Tuesday's Shoppers Special will be terminated after August 10, 1982. 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 3rd. day of%AuQust 1982. MAYOR ME IE C. BILLIG ATTEST: CITX CLERK Pfi2 ELA VOGI APPROVED: Administ a i- fficer City Attorney Public Services Director R 4924 - ..;�;, r ,. RESOLUTION NO. 4923 (1982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SLO CHILD DEVELOPMENT CENTER TO PRO VIDE NINE THOUSAND SEVEN HUNDRED ELEVEN DOLLARS A(�59711.0d FOR SERVICES PROVIDED OM JULY 1, 198 - JUNE 30, 1983. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and SLO CHILD DEVELOPMENT CENTER SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: SLO CHILD DEVELOPMENT CENTER ector. Human Relations Commission, City's Finance Dir- On a motion of CounciZman Griffin , seconded by CounciZman Dunin and the following roll call vote: AYES: CounciZmembers Griffin, Dunin, Dovey, SettZe and Manor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of August, 1982 . ATTE Ci y Clerk PameZa oges APPROVED: City Xdmfnistrative Officer R 4,323 R F E 0 THIS AGREE-!E-'1T, r]atedJuly 1, 1982 ror t.`lo convenience of r_hf7- p,:rr_ ;,s hereto, is between the CITY OF SA ,',I LUIS 03ISPO, a chartered municipal cor- poration (referred to herein as "City ") and SLO Child Development Cehtpr a non - profit corporati ,)n (referred to herein as CDC ). 6•JITNESSETH: WHEREAS, CDC has requested City to contribute to Child Care program for low income children said program as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and CDC for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. CDC agrees to make its services as described in Exhibit "E ", attached hereto and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the periodJuly 1, 1982 - June 30,,19, 2. CDC will provide City with monthly summary reports and a final report, describing the type and quantity of services provided and listing funds received by CDC from other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 7 CDC and all f it is t t' t t any manner in the duties hereunder for CDC or agents of the o s agen , represen a Ives, par _, pan s in performance of CDC's , obligations and small be employees, independent contractors, or volunteers _ and shall not for any purposes be considered employees City. 4. CDC agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act or omis- sion, negligent or otherwise, of CDC 5. City agrees to pay CDC on a one -time only grant, the sum of _ ($9711.00), payable in twelve monthly payments; or if deemed appropriate by the Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 06. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to CDC Said termination shall be effective 30 days after City mails notice of termination of CDC agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be con- sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk PO Box 321 San Luis Obispo, Ca. 93406 Child Development Center 375 Fcrrini Rd. San_Luis Obispo, - 93431_ _. . IN WITNESS WHEREOF, the parties hereto have r?xocutoi. thi_ %'.•,: T ' their proper officers duly Authoriao4, I � ` C. K.4% The San Luis Obispo Child Development Center is a state funded program, however, its existance is based on the needs in the community for the services. Firar:ciall-_: the program's continued existance in 1982 -83 will depend upon the community's monetary support together with the fundraising efforts of the parents. The familie enrolled are working very hard at helping themselves and each other to be responsi and contributing members of this community, but the financial support of the City and other groups will be necessary to continue the program. II. PROGRAM 0BJECTTV7S PHILOSOPHY: The Ch-ild Development Center is committed to assisting families in their efforts to become self sufficient and independent. Our program stresses individualized growth oppotunities.for the children and their families. We believe that a warm and caring staff and comfortable homelike environment will contribute to the program's success. We are committed to providing the support necessary to ensure that each child develops to his or her fullest potential and has many chances for success experiences. We believe that families staff and community must work together as a team to provide a truly loving place where children can grow happily with good feelings about themselves and others. Finally, we believe that each child is a unique and precious individual to be treated with respect, dignity, and genuine care. GOALS: To provide a program which meets our described philosophy .-and which meets the requirements of the state and the needs'of the community . 0; EXHIBIT B ; ` � � -� .- ti , J � _ -_-✓- 1 "• } �Y � _ Tom. c } : -v o .. � `� +. d �r i•;� , j v ,'. � t, s n t '. _ ". 4 4 r. t "'.G K "Y '� 3 •... �l �. '� »•.ti{; � -, u r4Y'r r'..4 �� "1- -.t ,: 3t � ivU .2"�i. � _a`. K L y � d iY L., '�1R - � d' °.� �;.p }a. y. - .+.: \" BACKGROUND: The San Luis Obispo ChiLd Development Center has been providing child care . services for low income families in San Luis Obispo since 1971. At that time, community members made application to the California State Department of Education for base funding for the services in San Luis Obispo. The program is funded on an annual basis and the'program must be operated according to guidelines and reg- ulations for state funded child care programs. These requirements are extensive fo the agency and for the families and mandate specific staff /child ratios, parent . education, educational services appropriate to the age of the child, facility specifications, and social services. Families must meet eligibility requirements specifying that they must be employed or in.training for employment, and family income must fall below the state median income adjusted for family size. Fees charged for services are also regulated by the state and vary according to income and family size. Services are also provided at no cost for children in need of protection from abuse or neglect. K.4% The San Luis Obispo Child Development Center is a state funded program, however, its existance is based on the needs in the community for the services. Firar:ciall-_: the program's continued existance in 1982 -83 will depend upon the community's monetary support together with the fundraising efforts of the parents. The familie enrolled are working very hard at helping themselves and each other to be responsi and contributing members of this community, but the financial support of the City and other groups will be necessary to continue the program. II. PROGRAM 0BJECTTV7S PHILOSOPHY: The Ch-ild Development Center is committed to assisting families in their efforts to become self sufficient and independent. Our program stresses individualized growth oppotunities.for the children and their families. We believe that a warm and caring staff and comfortable homelike environment will contribute to the program's success. We are committed to providing the support necessary to ensure that each child develops to his or her fullest potential and has many chances for success experiences. We believe that families staff and community must work together as a team to provide a truly loving place where children can grow happily with good feelings about themselves and others. Finally, we believe that each child is a unique and precious individual to be treated with respect, dignity, and genuine care. GOALS: To provide a program which meets our described philosophy .-and which meets the requirements of the state and the needs'of the community . 0; EXHIBIT B ; ` � � -� .- ti , J � _ -_-✓- 1 "• } �Y � _ Tom. c } : -v o .. � `� +. d �r i•;� , j v ,'. � t, s n t '. _ ". 4 4 r. t "'.G K "Y '� 3 •... �l �. '� »•.ti{; � -, u r4Y'r r'..4 �� "1- -.t ,: 3t � ivU .2"�i. � _a`. K L y � d iY L., '�1R - � d' °.� �;.p }a. y. - .+.: \" C GUIDELINES FOR REPOP.TT_ .`G Citv of San Luis Obispo Grants -in -Aid Funds Fiscal Year 8.2 -83. PHILOSOPHIC ASSUMPTION: Aim to help people to helo themselves. GENEP.AL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obis_no taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of funds shall be contingent on the reciept of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1983. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taspayers of the City. Your cooperation is very much appreciated. As always, the HRC and staff are available for help and consultation ..whenever the need arises. a *See Agency Monthly Report - Specific'> Guidelines t fff�4•i+ -V M , Y ti' ' �aY ��° S. [ l� '� I t '.A \ - p � = - J h- Y. AGF.NCI' •'O:'TIIT REPORT 170 :: :di1T SPE. T,- --1': / :UTiJ :"'1.. 7.3 Monthly reports shall be due during the first fifteen (15) daL:s of the month with specified information for the preceping ,month included. The sooner the IIRC office receives the agency report, the sooner the funds mau be released. NCLUDE IY THE MOIJTN.LY REPORT: 1. Administrator's Report: brief synopsis of month's events, including changes, highlights and activities. 2. Financial Report: Agency's overall financial report as- prepared monthly, including all program income and expenditure. 3. Report of Exoenditure of City funds: according to for.. - provided by HRC. 4. Statistical Survey: Number of clients served, city of origin, nature of service provided; any othor recorded statistics regularly .kept by-program. 5. Board of Directors: Minutes for previous month, notification of next meeting date. 6. Final Report: Due July 30, 1983. Should be cumulative report including all of the above components except for duplicated Board minutes, with overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. •4 V YF1. I. . • w� �f 1^ MC 5 r l�. \y r,•, -. '� - -Y "' � w� i° RSI' �4 �_ , ,� ''x ^J '`r 4 .'�_ ti. +{in _ r Y 'L' ,- T -' z• a v5, , t4.; �. I. ...:T v-� a _,4 � �L _ fy � � . "• � �'tv �. �. �'_ t� �,>st dq�_ �� c n J "03,1 ,.�.�.�- t" _ s, t ��1 ,. S^ C RESOLUTION NO. 4922 ( 1982ser es) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND YMCA TO PROVIDE ONE THOUSAND DOLLARS ($1000.06 FOR .SFRVTrF.cZ PRnVTDFD FROM JULY 1, 1982- JUNE 30, 1983. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and YMCA SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: YMCA Human Relations Commission, City's Finance Dir- ector. On a motion of CounciZman Griffin . seconded by CounciZman Dunin and the following roll call vote: A YES: CounciZmembers Griffin, Dunin, Dover, SettZe and Mayor Billig NOES: NOY1e ABSENT: None the foregoing resolution was passed and adopted this 3rd day of August 1982. ATTE Ci y Clerk Pam a Voges APPROVED: ,pay City d inistrative Officer C i t y J�ottg-r-q ey? nanZe pjrLbc4o HRC Ch- Niiperson ydr lAelanie Billig t R 4922 C:1 n, F. F M r: V THIS AGREENE2IT, dated Jj_y 1, 1982 for hereto, is between the CITY OF SAN LUIS poration (referred to herein as "City ") a non - profit corporation (referred to h T the convenience of the •,s OBISPO, a chartered municipal cor.- and YMCA grein as YMCA ) WITNESSETH: WHEREAS, YMCA has requested City to contribute to a program to provide low income children with swimming lessons , said program as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and YMCA for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1• _YMCA agrees to make its services as described in Exhibit "B" attached hereto and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1982 -June 30, .198 2• YMCA will provide City with monthly summary reports and a final report, describing the type and quantity of services provided and listing funds received by YMCA from other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3. YMCA and all of its agents, representatives, participants in any manner in the performance of YMCA'S , obligations and duties hereunder shall be employees, independent contractors, or volunteers for _YMCA and shall not for any purposes be considered employees or agents of the City. 4. YMCA agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a.result of any act or omis- sion, negligent or otherwise, of YMCA 5. City agrees to pay YMCA on a one -time only grant, the sum of ( $1000.0a, payable in twelve monthly payments; or if deemed appropriate by the Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 6. -The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to YMCA Said termination shall be effective 30 days after City mails notice of termination of YMCA agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall-be con - sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk YMCA I020 'Southwood Dr, PO Box. 321 San Luis Dbisptl San Luis Obispo, Ca. 93906 CA . 93401 ' IN WITNESS WHEREOF, the- parties hereto have executed thirz`A. r e o cn ^_, baa 1 their proper-officers duly a.uthor12 Y By��.CAl max... -'i •. Y "• y .�(` +�i: :i - e. I. INTRODUCTION The San Luis Obispo Family YMCA has been teaching children to swim for o`ef en years. Swimming is an important part of the YMCA program. By teaching child- ren and adults how to swim, we not only help them better their health and fitness, and broaden their recreational interests, but provide them with potential life saving skills as well_ In the summer of 1979 the San Luis Obispo YMCA was awarded a grant by the E.O.C. to teach lord- income children how to swim. We gave 20 children free so:imKing lessons under that program. We would like to provide free shimming lessons for 50 low- income children this summer. ._ ..'. ..... .... 1. _ - 1. ...PROGRP.M OBJECTIVES - NEEDS ASSESSMENT There are many needy families in San Luis Obispo who cannot or choose not ''f� .=.`•.7 to spend money teaching their children how to swim. . we would like to '<;Q." 0"W.0 Ky provide an opportunity for these children to learn to skim despite their e T .., ,� inability to pay. '• AA PROGRAM OBJECTIVES t 6+•PCT �� 1 .. 't t r 1' r r2``r -fr To teach 50 low- income children to swim yeti Liit•'y ' ! i ?,, _ +'.e - - - .. .. r . , � , '� ,t ' r� y�, -.' -' fie? H H .) f .tit a •}L , r ) To 'F'f��',0'LIMi C.J t >n J I ;F/ � �1 Mt .1 , 1v} 1�.�w�� •r�Gµ�a.'F �r.q•' ✓ 1 6y C ', j y �� V Y h} - EXH7DIT tl�•J �'%��.1� {j�k,ndt� y�4, `, y J> i y%� t' . r, rr ,1°. -r'^ t. r f J�`i.�Rx ", �- °"�i'�'•• 4� t1'�L '1•r' <Y 'a 8? ''-, L n'.J't � + Via• •}!y',4( cC Y'r P e� .•• 1 t , '- _ r �t r...,,T' '� a. { -t } Y' ,i J �S f. �:3'.- :.S.VG.:��!��ia..tJ r'Y •` ;S'r . i �' � w„i -n a- ' � >, . - ...•FaYn;+�. �.L: ,- ..P.-� -!: s C'+ti: -: 4 .s. - -� a4' 'y ��d•14 " � �. %.r � �l YFfrM `�p.+ L. �i� ��•{t.1..r '�� "Y Jf. ' r�'�•{ i�i.y J .., ;, �..rF �`�i ,� }may' - ♦. -S. y tai•. -.,. -"O% n�"��y, J. v!? yat�c:, �. .'� y�r`%�y, ♦113`/r, �3.0 � s ay.� Mq%�' <'.� � far �idF.f.'+i C�.(..4 �. � f n D }fix ';'Y„� -�'x � � „u i FS - 'r:. Z y � Ysf♦ 1 },. � tb 1. .>• � L } ) s { AF :40. f „ ♦ v }:'Y S i' t�{ _\ itf iw � i� ♦�� wri � - `. �..'��2i .0 .t �. � h� -:'tom - '{ SY� � � a � v . ~ a 1„ ._ `.ci -'.1 -^. � •. .. � � K .. � M. � '} r ♦. • 1 GUIDELINES FOR REPORTING City of San Luis Obispo Grants -in -Aid Funds Fiscal Year 82 -83 PHILOSOPHIC ASSUMPTION: Aim to help people to help themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of funds shall be contingent on the recieut of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1983. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taspayers of the City. Your cooperation is very much appreciated. As always, the HRC and staff are available for help and consultation_::__' whenever the need arises. *See.Agency Monthly Report -. Specific :Guidelines Yom..., (y • _ . , , _ ' \. _ r ! Y • .'. �'.✓ p..'1 —_. _ _ ____ ± _ _ _ .. � - uR .�. .. � J a{ .CSC R ..•_�.] /i � :1GE iC. O1;TH�' Rr Do R' ?0R; :1T: Monthly reports shall be due during the _`irst = irt•',,,.� (1 5) of the month with specified information for the included. The sooner the 11RC office receives the agency re�ort, the sooner the funds maq be released. INCLUDE IN THE •!ON'7 LY REPORT: 1. Administrator's Renort: brief synopsis of month's events, includinc chances, highlights and activities. 2. Financial Report: Agency's overall financial report as prepared monthly, including all program income and ez •e ^citt:re 3. Renort of E:•:nenditure of Citu funds: according to _or. provided by HRC. 4. Statistical Survey: Number of clients served, city% of origin, nature of service provided; any other recorded statistics regularly kept by program. 5. Board of Directors: Minutes for previous month, notification: of next meeting date. 6. Final Renort: Due July 30, 1983. Should be cumulative report including all of the above components except for duplicated board minutes, with overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. �"��,yy n4'b, "' °�'a;r� v � +. r �,j /y �i l�[ Yr^"^ t,._,.i -�• �. � � *..a w1� .�.. `fir c^ .• i '�- � •" :: z�'h�..M_ Yi•:CA - SPECIFIC GJIDEEI.V S Total award of $1000.00 may be vouchered for in one month according to actual expenditure with report in form as provided for in attached. "Agency Monthly Report Format: Specific Guidelines ". _ After YVCA has vouchered for all swimmerships, reporting responsibilities will be limited to the Final Report, which can be submitted at the close of the program, no later than July 30, 1983. RESOLUTION NO. 4921 4982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND HOSPICE TO PROVIDE ONE THOUSAND FIVE HUNDRED DOLLARS i$1500.Ob FOR SERVICE PROVIDED FROM JULY 1, 1982- JUNE 30, 1983. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and HOSPICE SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: HOSPICE , Human Relations Commission, City's Finance Dir- ector. On a motion of CounciZman Griffin , seconded by and the following roll call vote: Councilman Dunin AYES: CounciZmembers Griffin, Dunin, Dovey, SettZe and Manor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of August, 1982. ATT C ty ClerR Pam a Voges APPROVED: City Ad inistrative Officer City ey Fina D o HRC C air erso R 49,921 C P F E Ff E ii T THIS AGREEMENT, dated Julg 1, 1982 for the convenience of the ? -�rti• s hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal cor- poration (referred to herein as "City ") and Hospice of SLO County, Inc, a non- profit corporation (referred to herein as Hospice ,). WITNESSETH: WHEREAS, Hospice has requested City to contribute to a nrooram for recruitment and coordination of volunteers for Hospice services, said program as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and Hospice for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Hospice agrees to make its services as described in Exhibit "B ", attached hereto and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1982 -June 30.298-1 2. Hospice will provide City with quarterly' summary reports and a final report, describing the 4ype and quantity of services provided'and listing funds received by Hospice from other sources. Said reports shall be in the form of Exhibit "C",-attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3• Hospice and all of its agents, representatives, participants in any manner in the performance of Hospice , obligations and duties hereunder shall be employees, independent contractors, or volunteers for _go ice and shall not for any purposes be considered employees or agents of the City. 4. Hospice agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act or omis- sion, negligent or otherwise, of Hospice 5. City agrees to pay Hospice on a one -time only grant, the sum of ( $1500 ), payable in twelve monthly payments; or if deemed appropriate by the Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to Hncnice Said termination shall be effective 30 days after City mails notice of termination of Hospice agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be con- sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk Hospice p0 Box 2342 PO Box 321 San Luis O_b_ _ispo San Luis Obispo, Ca. 93406 CA 93406 IN WITNESS WHEREOF, the parties hereto have executed Ehir :.Hr6cx��xi their proper officers duly author I y p Y y 3 J I. INTRODUCTIO' Hospice of San Luis Obispo County, a community based, private non - nrof-it aaen.cy, greto From the in.snirati.on and ideas of dedi cal =ed community members that had heard -a presentation by LliZa Ross in in Aoril, 1076, in 1977 Hospice of San. Luis ubispu t:o"nc ; became incorporated. Tn 1979 the first volunteers ue,;aii s� vice, with medical services beginning in 1961. Hospice of San Luis Obispo County is not a full service resiaential medical facility - but a volunteer bureau that seeks to worl� W-LLa patients and their families - within the context of Liieir own riiec.ical plans, public or private. In some cases Hospice acts as facilitator, putting together the right people to meet r..rie heeds of a speciriC patient. In other cases, hospice gets more. involved with assigiiii�; Hospice trained nurse volunteers and /or lay volunteers (depending on client needs) to assist the dying in their own homes. Hospice care supplements existing services in San Luis Obispo county : for the terminally ill and their families. It is a coinbinai:iorr of physical care with recognition and support for the Marry eclo.ioical issues which arise. Care is provided by an interdisciplinary teai -i consisting of physicians, nurses, home health aides, social workers, ministers and trained volunteers. The Hospice concept includes working closely with the patient's physician, supplementing rattier than duplicating, existing services. II. PROGRAM OBJECTIVES Hospice provides in -home nursing aad /or supportive services to ez:eryoiie regardless or rinanciai circumstances; Hospice services are free or " charge. Our in medical services and suppor -ive services are availsble to those wishing to remain at home 6oiij_ie dying but cannot afford private medical in -home services. Upon request, Hospice ;4 off °rs visiting volunteer supportive services to patients and families under the care of Rome health agencies or hospitals. = `'Hospice services include Hospice home care for the terminally ill and their families; individual- counsel -iug for people with life LlireaLenino lnesses, their family and friends; individual bereavement counseling; :• :. bereavement and support Groups; coumiuuit•y eaucatiini on death anJ dying; :,�i ' and a free ler.din iibrar :.. g Y with an on -going recruitment and training; proYraw, Hospice hopes to attract a sufficient number of nurse volunteers to douule our yearly, ;case load to 220 clients Urom 19ii1's 113 client case load) r: is would have an approximate breakdown as follows �. 100 clients receiving medical in -home services from :Hospice _, }120 clients receiving Hospice - visiting volunteef services w •.counseling services :in cooper`ation,with.anather -p -home. j medical - provider (Ttiis estimated tofal does not xeflect oseeap+searx ,. ' " :S r, f i�ospice: service` 3s' famil�*fz'iectii',iii i b82•e2Vemet t or Lt i.�►4�i_t i GUTDFLINES FOR REPOP.TING Citv of San Luis Obispo Grants -in -Aid Funds Fiscal Year 82 -83 PHILOSOPHIC ASSUMPTION: Aim to help people to help themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through.the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reo_orts will be due to the HRC. The release of funds shall be continuent on the reciept of .a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1983. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taspayers of the City. Your cooperation is very much appreciated'. As always, the HRC and staff are available for help and consultation-.-- whenever the need arises. *See Agency Monthly Report. Specific - Guidelines C' ..!• "�:� r .�_i.. �. �y _'?!.� W r..y _..., .. .��'.. v. .i.M.. .r.... '"`i �..: �. .s .a:.� T,r i� ;- _....•{ . -. w-i.. �.. 3 • Ai-T. .7C_ ?•!O �. _i!I, 1' ...�: Pr?i -.'. �''0:... �i �. :i!P f:'•�F7. r„ /r� _�fi.' %..e�.i c... :ion thly re Tor is s;:a 11 dCi% r Uri nC t ^�� L rsr_ ._! C •Q. ^. (1 Of the month :vita specif_e,. information for the pr eC:'a n included. The sooner the irRC Of rid° r Ce i Ve.S the the sooner t ?:e funds mau be released. INCLUDE IN T:iE ;4O-'.THT, REPORT: 1. Administrator's Report:, brief s_unopsis of month's events, including chances, hiehlichts and activities. 2. Financial Report: Agency's overall financial report as prepared morthly, including all program income and e:cperdit 3. Report of Expenditure of Citu funds: accordirc to for.: provided by riRC. 4. Statistical Surveu: Number Or clients served, city of or___.. ^., nature of service provided; any recorded statiSti Cs regularly kept by program. 5. Board or Directors: t'•Iin L'tes for previous montnr notification of next meeting date. 6. Final Penort: Due July 30, 193.3. Should be cumulative report including all of the above components except for duplicated Board minutes, with overall narrative as to to progress of funded program durinc,, the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. f• M r >� � N`t. 22 'zs Gr t^ 1 `�.. Y ^'sV -kfl .y 'C_c ' „ Vr. `� .. K $(('1„✓ f• M IIOSPICE --.-SPECIFIC GUIDELl "IES Total award of $1500.00 may :;e vouchered for in one month according to actual expenditure, with report in the format provide for in attached "Agency i4on"hly Report Format: Specific Guidelines ". Reporting resaonsibilities will then be limited to a quarterly report, in the format outlined in the above attachment, a Final Report due no later than July 30, 1983, and participation in HRC Liason Program. RESOLUTION NO. 4920 (1982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND HOTLINE, INC TO PROVIDE Seven Thousand Four Hundred Dollars ($7400.06 FOR Services Provided from FROM JULY 1, 1982- JUNE 30, 1983. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and HOTLINE, INC SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: HOTLINE, INC Human Relations Commission, City's Finance Dir- ector. On a motion of Councilman Griffin , seconded by and the following roll call vote: CounciZman Dunin AYES: Councilman Griffin, Dunin, Dovey, SettZe and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of Au gus 1982. ATVET City Clerk Pam a oges APPROVED: City A mi strative Officer City 5; t rn nant4- pirt�ctcp r HRC ChXirperson R 4920 r, P E E r-r r; N T THIS AGREE:iE:iT, dated _ —„l y 7, cjg L :or the ronvenience of t,hc Uar =ir:,s hereto, is between the CITY OF SAN LUIS OBISPO, a chartered municipal cor- poration (referred to herein as "City ") and HOTLINE, INC a non- profit corporation (referred to herein as HOTLINE ,)• WITNESSETH: WHEREAS, HOTLINE has requested City to contribute to telephone crisis intervention and information and referral program said program as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and HOTLINE , for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. HOTLINE agrees to make its services as described in Exhibit "B ", attached hereto and incorporated herein, available to residents of the Citt of San Luis Obispo on a regular basis for the period July 1, 1982 - June 30y,19 2. HOTLINE will provide City with monthly summary reports and a final report, describing the type and quantity of services provided and listing funds received by HOTLINE from other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3. HOTLINE and all of its agents, representatives, participants in any manner in the performance of HOTLINE'S , obligations and duties hereunder shall be employees, independent contractors, or volunteers for HOTLINE and shall not for any purposes be considered employees or agents of the City. 4. HOTLINE agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a.result of any act or omis- sion, negligent or otherwise, of HOTLINE 5. City agrees to pay HOTLINE on a one -time only grant, the sum of _ ($7400.00), payable in twelve monthly payments; or if deemed appropriate by the Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to HOTLINE - . said termination shall be effective 30 days after City mails notice of termination of HOTLINE agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be con- sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk PO Box 321 San Luis Obispo, Ca. 93406 HOTLINE PO Box 654 IN WITNESS WHEREOF, the parties hereto have erecutcd th it proper offi ers duly author. f� Sap L4y'5 t?bisgo J r I. INTRODUCTION. HOTLINE is twelve years Old- Our DurDose is to nrov;-Cie 'a on a 2L1 hour Der day, every day of the year bas's for a-.y When appropriate we send a crisis team which may include the rpolice of, any cive out in- other agency that can meet the need of the caller. �,!e also data -.,;erta;n_ formation from files that have been compiled for years t,7ig ..n L L l - f and the in-- to all aspects of the City of San Luis Obispo. From �Ihse L nost knowledge we have ve gained from working on the HOTLINE, we give the r L appropriate referrals. Your city had 6010 of our calls, or 5074 in 1981. (See Attachment '`8: Statistical ReDrOt for 1981) Each call is handled either with genuine concern for the caller's problem. HOTLINE neither - knoT,-;s nor inquires into race or creed. our volunteers respond -- they do nog ...ioria- lize. HOTLINERS listen. Many anguished calls when talked out :•.,_i-Lh an un- identified volunteer become less urgent. Anxiety abates and over,- acts become-less intensified.- HOTLINE's callers' problems are continuous, cur- rent and real. HOTLINE's funding depends upon responsive agencies and governments allocations on an annual renewal basis. Civic support is - es- 'sential. Our HOTLINE volunteer staff numbers 79 at present, eleven of -whom recently completed training. Volunteers must remain anonymous and priority. We mai ntain'a close r -the confidentiality of the caller is a top p who monitors and evaluate relationship with the Human Relations Commission w as their answering our work on a monthly basis. In addition; we function - h any service. In this capacity, we are able to deal.very effectively with distressed callers who may have tried to reach the Commission when their staff was unavailable. We also provide answering services to other agen- cies in L community. II. PROGRAM OBJECTIVES. In addition to providing 24 hour per day, every day listening services, HOTLINE also plays an important role in several important community pro- grams that offer special assistance to frail, homebound or needy persons: Telecare. This is a daily welfare call to shut-ins including elderly and handicapped persons. Aproximately 20 persons are called every day. .:;-....,.Carrier Watch. HOTLINE was instrumental in sponsoring this program, and maintains the file for each senior citizen in San Luis Obsipo who partici- pates. Briefly, mail carriers watch for build-up of mail in the boxes of persons enrolled in the program. If they suspect that something may be ..Wrong with the resident, they contact HOTLINE. Information in our files indicates who should be called if the resident fails to respond to the carrier's knock or a phone call. If a neighbor has a key, they are called. necessary, the police are contacted as a last resort.. mergency Food, Gas and Shelter. HOTLINE has been "empowered"-to screen ar .,evaluate requests for help from callers in need of o o'odgin gas, 'food r l 9 -.,every day from 5:00PI-1 til 8:30 AM, thus relieving the_City,'County,,Police, :;.;Salvation Army and ministers of this task. If the need" is f elt �,tci; be, "appropriate to the request we direct the caller.to the�P'ol*ic'e-D'e*p"ar'tmen't-'- 'where vouchers can be obtained for a meal, gas,, or a -nig t.- s;'-Io gin'g-, at.-thE '-I might add that,all of,this_is,�n . o . t,-'as si ml Hotel. ve, it sound space does.not permit,-me to'enlarge'.,,-."o-rt.,the.-�rami-'filci4t'iotiL- such 'cdlls. --,the -Exec iiv6 Dird6tor-1,:, I u jt is '.A, member - --Ofl tkid- _th(i �'.Cdriin S me':.--: Sh' ,Jv for g- Cciliei-6 •ani'd'* `Senior 0 - pro4rams-. The -Xor�e_r_ pi�* -dt�a- -are e ehdly ts : visitation, to� home und- elde t 6.s&_6tkve, h966 --Y .' m3$ct2irig <O GUIDELINES FOR REPO?TINIG Citv of San Luis Oaisc_o Grants -in -Aid Funds Fiscal Year 82 -83 PHILOSOPHIC ASSUMPTION: Aim to help people to help themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all reauired to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of funds shall be continuent on the reciect of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1983. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HP.0 to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of- city funds. while supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. .Through the use of this system, you can aid us to be accountable to the taxpayers of the City. Your cooperation is very much appreciated.. As always, the HRC and staff are available for help and consultation. _ whenever the need arises. .--,,*See Agency Monthly Report Specific 'Guidelines ..t0. AGE`ICI' .10 ?i T:! R:,"ORT ?OR i4aT. .SPI;^._, Monthly reports shall be due during the _-__st _'_. _cep !i5) of the month with specifies' information r the prece included. The sooner the HRC office receives the agencU the sooner the funds may be released. LUDE I:•1 TifE ',10idTHLY REPORT. 1. Administrator's Renort: brief sunoosis of month's eve nrs, including changes, highlights and activities. 2. Financial .Renort: Agency's overall financial report as prepared monthly, including all program incc:-,,e and er.aenditure. 3. Report of Expenditure Of City funds: according t0 roz-:7 provided by HRC. 4. Statistical Surveu: Nu,.iber of clients served, city Of orle` .nature of service provided; ant. Ot ^e.r recor�ed St fists CS regularly kept by program. Jr. Board of Directors: 1•Iinutes fO" previous month, nOtsrscats O^ of next meeting date. 6. Final Renort: Due Julu 30, 1 1083. Should be cumulative report including all of the above components except for duplicated Board minutes, with overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. f RESOLUTION NO. 4919 (1982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND Family Service Center TO PROVIDE THREE THOUSAND DOLLARS ($3000.06 FOR cFavrrF.G nRnvrnFn FROM JULY 1, 1982- JUNE 30, 1983. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and FAMILY SERVICES CENTER SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: FAMILY SERVICES CENTER Human Relations Commission, City's Finance Dir- ector. On a motion of CounciZman Griffin , seconded by and the following roll call vote: CounciZman Dunin A YES: CounciZmembers Griffin, Dunin, Dovey, SettZe and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of A st 1982. e ayor elanie Billig ATT C ty Clerk Pamel Voges APPROVED: f� City A m nistrative Officer City ,ktt -0r HRC Ct4airpers R 46119 THZS AGREEMENT, dat d jy J 1982 for hereto, is between the CIT't' OF SAN LUIS poration (referred to herein as "City ") a non - profit corporation ( referred to h WITNESSETH: the convenience of th<- pa ^ti ^_s OBISPO, a chartered municipal cor- and Familu Services Center erein as Family Services ) WHEREAS, Family Services has requested City to contribute to counseling services said program as more fully described in Exhibit "B" attached WHEREAS, said services will be available to residents of the serving both a public and municipal purpose: hereto and City, thereby NOW, THEREFORE, City and Family Services for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: l,Fami1y Services agrees to make its services as described in Exhibit "B ", attached hereto and incorporated herein, available to residents of the Cit of San Luis Obispo on a regular basis for the period July 11 1982 -June 30, -198 2. Fam��y Qarv;rj%?ill provide City with monthly summary reports and a final report, describing the type and quantity of services provided and listing funds received by Family Services from other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3. Family Services and all of its agents, representatives, participants in any manner in the performance of Family Services obligations and duties hereunder shall be employees, independent contractors, or volunteers for Family Servicesand shall not for any purposes be considered employees or agents of the City. 4. Family Services agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a.result of any act or omis- sion, negligent or otherwise, of Family Services 5. City agrees to pay Family ServidqPsa one -time only grant, the sum of _ ($3000.00' payable in twelve monthly payments; or if deemed appropriate by the Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to Family Services — . Said termination shall be effective 30 days after City mails notice of trmination of Family Services agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be con- sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk PO Box 321 San Luis Obispo, Ca. 93406 Family Services 1160"hJarsh St. San Luis ObAc;on, IN WITNESS WHEREOF, the parties hereto have executed their proper officers duly authori INTRODUCTIO'•1 Family Services Center of San Luis Obispo was established August 27, 1968 out of an idea presented at meetings of the local Ministerial Association. ;e have just begun our fourteenth year having drownn, from tt-.e original group of 9ix Iccai, to an organization which now has a .staff of 2S co-un .elors, 11 I,; ar7.l.l:ie volunteers, and a Board of Directors totaling 18. MO.t of our counselors have privatE: _ractices or work for agencies doinli counseling work, and our selt.cted War:r.line ,oluriteers, ssme of whom are counselors, come from many phases of the community. All.offer their services to us free of charge. The Center is designed to provide professional, confidential counseling for individuals in need. The staff of counselors, all. pro - fessionally qualified, is available to assist Y:ith a broa4 range of problems. Fees are based on ability to pay, and no one is denied service because of lack of fun:'.S. Support for the Center cones primarily from contributions, both public and private. This year we received :Honey from the cities of San Luis Obispo, Grover.City, Plorro Bay, Arroyo Grande, Pismo Beach and Atascadero, the County of San Luis Obispo, AID United Givers, The United Way, The California Chiropractic Association, Chevron USA, The Quota Club of Atascadero,'Kiwanis Clubs of San Luis Obispo and Paso Robles, and Sierra Vista Hospital. New last year was our membership drive. A donation of ~v' : ? ?r.$1,000,entitled an individual to become a Patron, $500 a Soonsor, and $250 a Donor. i•:': - Business hiembershio ls.$100, a Sustaining Membe rship $25, an3 a General i•lembership ;.,.$10.`In exchange for their contribution, members receive a copy of ou_ monthly ;t,::•;::, newsletter, invitations to all FSC functions.and iSublication on our membership ist. People donating large amounts received a special plaque, and so far a total ........of $1,135 has been donated to this effort. I ' .......PROGRAM OBJECTIVES amily:Services Center will, as stated in our by -laws, provide primarily individual, • .: il ��,,,..�- ,_ ^:,.•` , y and or rou `. / group counseling,-to all who request it; utilize the services of other ial agencies and professional persons through consultation and referral for the ;•yN1,1'` {benefit of those seeking counseling from this corporation, and provide ongoing training B rofessional counselors and staff. we look forward in 1982 to more grant writing, s °�s�r the, development of a counseling library, and plan for more speaking engagements to _,groups and in doing more outreach work. Of course our ongoing counseling 'and Warm- _ `services r -. the backbone of our agency =- never ends. -In January 1982. caseload � Q t'Z report, we served 61 more people•than we did in January 1981, and we increased our :F seling hours by 50. In 1981, -the total number of telephone calls increased'to.'' 729 "for:the year. lie are planning inservice training programs for.our monthly. vaTwtcounselors 'meeting. In the spring of- .1982, requests for outreach presentations Yft tq:the_sctiools, colleges, and other community groups have .`increased and we ,plan to "�7y�rr, help with, those I requests: 'Fund - raising 'projects'such;as.'the Benefit Barbecue an r r r "ttie Wine - tasting Party'will be. supplemented by several. workshops,'•rcrasses. and ' 7V -seminar s'sponsored by the Family.Services Center. At-present two such - programs•.'' N: are tieing offered`,.by;our' counselors ,a •;nine -week; parent` study group at.Twln-,CitieS' ar't� `+ os ital and "A' Marcie a Enrichment"Worksho Y 9 •_ p • '.at French Hospital These eauca'tional ;'r prog ;ams; will ;help meet, the; needs :of our clients and ,the CommuniE' as welly° as s�}4ptoyide much needed ' funds to`the Family :Services Center` ^ �; . r n ,,,r, "#.f {. ' �' t ;a` �•" ^'I 't" 4 ` '4 ` ` �. _ aF 'j ' ♦. 1 S ' _.t� -r �n ♦ y ! s l _ _ i '•`4a.i�p � ,t y'r.i 4, �S' '1•. ,..ed },1. '� .a C ... '.� �' f� � ;. _r i � i • i �< � �'2'•�"1 ��,`�;,' t 5 •� r •''� -r SXHIBI7'?8 > ' � :�. �`F :: acv ti' -i L�`7. t'�•. ;rf -'1 t ,n .� i -l-u'i r.� t - '& - GUIDELINES FOR REPORTIPiG Cit�i of San Luis Obispo Grants -in -Aid Funds Fiscal Year 82 -83. PHILOSOPHIC ASSUMPTION: Aim to help people to help themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of funds shall be continaent on the recient of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1983. Said report shall consist of.a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the IIRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taspayers of the City. Your cooperation is very much appreciated. As always, the HRC and staff are available for help and.consultation. whenever the need arises. ''' �. *See Agency Monthly Report - Specific Guidelines %: Monthly reports s;:all be due during the first f' :,_e n (.-5) of the month :Ji -th specified Information for the preci'.d mont.. included. The sooner. the HRC office receives the gene;; r,0rt, the sooner the funds mac; be released. INCLUDE IN THE idOHTHLP REPORT: 1. Administrators Report: brief synopsis of month's events, including changes, highlights and activities. 2. Financial Report: Agency's overall financial report as- prepared monthly, including all program inc=e and expenditure. 3. Report of Exoenditure of Citu funds: according to ror• provided by HRC. 4. Statistical Survey: Number of clients served, citu e origi ^, nature of service provided; anu othor recorded statistic_ regularly kept by-program. 5. Board or Directors: Minutes for previous 1 ^017th, natif_cat_0n of next meeting date. 6. Final Report: Due July 30, 1983. Should be cumulative report including all of the above components except for duplicated Board minutes, with overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. c '. � r• ..,,Fi r � � � Y �,,,,T }Y t t _ �w p � '}�"l. t r � t , � � -�Y M � a 'a. � �yT :.G� � 'J{R� _ , }L�1 4. Y ♦_ t t ♦ u 1 _ _"L _ ,.. i .1 ,ti � ^ i^I `�J }i .'J •� ` � ��.! , ati'h _ C RESOLUTION NO. 4918 (1982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SPECIAL OLYMPICS TO PROVIDE THREE THOUSAND DOLLARS ($3000.00) FOR SERVICES PROVIDED FROM JULY 1, 198-- JUNE 30, 198 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and SPECIAL OLYMPICS SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: SPECIAL OLYMPICS Human Relations Commission, City's Finance Dir- ector. On a motion of CounciZman Griffin , seconded by CounciZman Dunin and the following roll call vote: AYES: CounciZmembers Griffin, Dunin, Dovey, SettZe and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of August, 198 ATT C ty Clerk PcvneXa V es APPROVED: City m" istrative Officer Ci ty At, n a HRC Chiirperso R 4918 •? c p r, F :•r r V T THIS AGREEME'T, dated July 1, 1982 for the convenience of the :jai-ties hereto, is between the CITY OF S:eN LUIS OBISPO, a Chartered mun1C_ pal Cor- poration (referred to herein as "City ") and San Luis Obispo County Special Gam, a non - profit corporation (referred to herein as Special Olympics ) WITNESSETH: WHEREAS, Special Olympics has requested City to contribute to summer camp for developmentally disabled adults said program as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and Special Olympics , for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Special Olympicsagrees to make its services as described in Exhibit "B ", attached hereto and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the period July1, 1982 - June30, 1983 2. Special Olympicwill provide City with monthly summary reports and a final report, describing the type and quantity of services provided and listing funds received b special Olympics from other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3Special Olympics and all of its agents, representatives, participants in any manner in the performance of Spcecial Olympics , obligations and duties hereunder shall be employees, independent contractors, or volunteers for Special Olzjmpicsand shall not for any purposes be considered employees or agents of the City. 4Special Olympics agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the Ci1ty as a result of any act or omis- sion, negligent or otherwise, of Specia Olympics 5. City agrees to pay Special OZumanca one -time only grant, the sum of (g ), payable in twelve monthly payments; or if deemed appropriate by3the lSman Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to Special Olympics Said termination shall be effective 30 days after City mails notice of termination of Special Olympics agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement,-all notices shall be con- sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk Special Olymd cs 1428 Phillips.Zn PO Box 321 San Luis Obispo San Luis Obispo, Ca. 93406 Cg gg� IN WITNESS WHEREOF, the parties hereto have executed thss Agse<i *,PIt ,their proper officers duly authorized. r I., INTRODUCTION The purpose of Special Olympics in San Luis Obispo County is to contribute to the physical, social and psychological development of the mentally retarded individuals in San Luis Obispo. Through successful experience in sports, they gain confidence and build a positive self -image associated with success rather than failure. Success on "the playing field often carriers-over into the classroom, the home, and the job. The first year San Luis Obispo became involved in this program was 1909, with only a few athletes. The growth of the Special Olympics program. in San Luis Obispo has - been phenominal. What once was just a day's activities of the 50 yard dash and the ;softball throw for a few, has grown into 'a year -round sports training and physical :'•fitness program for well over 325 individuals in San Luis Obispo County. Throughout the county mentally retarded children and adults are being trained year - " round in'gymnastics, frisbee; wheelchair events basketball, volleyball, floor - hockey, :swjnming, diving, softball, bicycle events or track and field. Special events are also offered: movie matinees, Dodger baseball, field trips, winter sports, Team ournament Day, invitational meets, the Area Meet, and the California Special Olympics Games. articipan.ts are usually registered through the school or program that the athletes ?3••attend. . Every mentally retarded individual enrolled in the County Schools program s in the Special Olympics. Students enrolled in Special Day programs throughout the :r- ':_county are also in the Special Olympics program. Therefore Special Olympics is not nly utilized by the County Schools, but 'by. the individual schools districts as well, his of course includes the San Luis Coastal Unified School District. Individuals ' who are-not in a school or other program are encourged to register and participate. PROGRAd OBJECTIVES i 1 For forty five developmentally disabled campers to be.engaged in a variey of sports r- • 1, �� ;;�.�,..�activi.ties. .:.These activities would range .from; gymnastics, frisbee, basketball sw1mming, softball, floor hockey, volleyball, track and field. •1 X144 2. i -To provide adequate supervision, safety and training for the developmentally adisabled campers ' help broaden interest and develop recreational sports shy 11 s for the develop ° ":� n '" '�"f f ♦m : e nall y disabled individua1's' leisure time P r �'x'� }~""�tiM�r \r •r x'_.LC'r Y1 �� i -� r ::.�N �;, 1� 1., i'.. ...,. j •�-" / .P. ,�"• � 'v.,, ` �..iy �s t 'tf . develop 'the developmentally disabled individual s athleticrtraining abilities social'skills An both individual' and team sports .ik. fl..rXC4�t t�/ii'T -.'et rl.•,r�i 4•i: {�i, • /� --♦: ♦Sv .,r' Z r� i +ia'r f t :.%��. r, � f r {ts �>r�£i� = '� 4yi.��.• �~��•.f pr�i"y�f�•`y1� - 1;•v.H i4 i •r, J.•. 5Y .1 � r ♦ ' y Y. -rah[ i';y,.Y ' Y ra or , c- tr � '- �.F �'� ."1l�..�1 a�a�� I ' .:,a +- " ,, .. a r ,, +., ,'" f♦.y : i; �f*` ltr.a tax ,,1`F + „r r �.�'4 Y -+-y' „ z.,vz . to 1 , � -_ �^;+'-"Nft� T �r+•w ��r X�a >,F •'Q t�"r �ff l:Y t, i fyi i e•' aua f' f i, 7rwr y:�� r r a � 'i. J•f., .+ •1 'y'S - - '' + �, 1. "'�v �•'- " '�. ✓Y i r i "r Yr . i 1 .4: ° +r 'r r }t L- h 13' J -. e ;, i t ♦ i i �{y4' �w n ✓ ✓Y <x1 y r: F , EXHIBIT B fi F j' '_+a,e •,•+4' ? %'� �'�� 1i $' A a.,a Y' r F .r Fie H- � '%'Y yt 'v a v - : L '? ,:.�g, Nt' C.�.vA" Irgz �•'(s. ,� zy r a a tCwJ � t. r� �Q _ ? a y/-., + f.;i•` t� ,. -' r ,:c r._ + .y f, '- -•sY Yb;` fz '�! .J! i.-1, lam.' 1 `..I 'yl f G .r rr. 1 } f..c• r' ... t ±A U•"�e i0r•"O•41.tt r•1 +. P.k, 4 4.., y.• '' <. .It a 1 .. ° 1 °" .,-� - 'F 7, / '# 3 e - r . f• r }� 'veyj. `ae^. rQrx "MKT} X /.4 ti Lr, ft ,'j. ✓,?1 .,.0 �ar � Z r £ � a` .3SF � ±n ¢ - V IN x 'r' -�"^ - _'• i 7. :G,Sr- } - -. 'VRFr��RP t. ..ta:"tr -ir -yr, ♦ 1 a' - v ¢¢ F- f,. `,+' y' �- �.; �*F� � �,�•N•�ti f,lri.? 'K.jv 1, i.,� J r� ` T , � 1"! t Q7 s � ! . ,. i•. ! w.: � y w r, a .. _ _ R -_ '.rY�y.•._ ..� �".__ _.:. .� _ tea^ .,�...s. �� -�_ _•4—. ._ .._ _t y..�..xi �..._�•s_.. - -.�. .� GUIDELINES FOR REPORTING City of San Luis Obispo Grants -in -Aid Funds Fiscal Year 82 -83. PHILOSOPHIC ASSUMPTION: Aim to help people to help themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such', we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Proqram: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of. funds shall be contingent on the recient of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by Julv 30, 1 11183. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency-by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable . to the taspayers of the City. Your cooperation is very much - appreciated.:. ,'As always, the HRC and staff are available for help and consultation, -whenever the need arises. = *See Agency Monthly Report Specific Guidelines „ WY tj 6�•.. T H al; .mow - r.w� +f Y�J n'yv Y.A \ - -1. �r�� t 'yx �n yw` ✓ ,F 1 -��t � .. �.. ,^ CL �i� - oG 6Lfa r �4Y 'y .r: r 4+ "`� - - 4' i � � r w .l.S .. .F �r.rRr X,.,_ 0. ci -.T•4 C� � �'t ii r s a �� '�..: � � - � Fni �. � r ti � ° n,� spy ;i• .r.� -c�� n n .. ti •+F� tl-� r. 1' 4 -S2.•b . 4 0� .'i •' .'P" /F `i.,., S. �..�.e_ <_wT? eE..S. '',_... �. 5.'�,r "_.^v'F... ...5�_.� "a•3�3i. ?.`q? n ..�4� .''.tl�.w�....,;Z ,.3:� r C " , 21 GF %C1 0:dT!!L, E°0RT AT: c7Pi,' i � I Di —, .. ! ° Monthly reports shall be due during the first _ift•ecn (1 5) Of the month :vi th specified lnfori�a tion for the precaCii nr,• included. The sooner the ::RC office receives the agency report, the sooner the funds may be released. INCLUDE I`1 THE i•10:,'TiiLY REPORT: 1. Administrator's Report: brier- synopsis of month's events, including changes, highlights and activities. 2. Financial Report: Agency's overall financial report as- Dre Dared monthly, including all program 2"ncome anC 3. Re Dort of Expenditure of Citu.funds: according to f.._... provided by HRC. 4. Statistical Survey: Number of clients served, city of er'_gin, nature of service provided; any oti.er recorded sta istics regularly kept by-program. 5. Board of Directors: 74inul-es for previous month, not_'Lic.ii Cion of next meeting date. 6. 'Final Report: Due July 30, 1933. Should be cumulative report including all of the above components except for duplicated Board minutes, with overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. • r -. r. SPECIAL OLI'1PICS - SPECIFIC GUIDELINES Total award of $3000.00 to be paid in increments no larger than $1500.00. This may be vouchered for on a ,monthly basis according to actual expenditure. Monthly report shall be in the form as provided for in attached ",'- .onthly Report Format:. Specific Guidelines ". After Special Olympics has vouchered for all camperships, reporting responsibilities will be limited to the Final Report, which may be submitted at the close of the program, no later than July 30, 1983. y. r C RESOLUTION NO 4917 (1982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RED FORTY FIVE FRIENDSHIP SCHOOL, INC TO PROVIDE FIVE THOUSAND NINE H ($5945.00 FOR SERVICES PROVIDED FROM JULY 1, 1982- JUNE 30, 1983. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and FRIENDSHIP SCHOOL,INC SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: FRIENDSHIP SCHOOL, INC , Human Relations Commission, City's Finance Dir- ector. On a motion of Councilman Griffin , seconded by and the following roll call vote: Councilman Danin AYES: CounciZmembers Griffin, Dunin, Dovey, SettZe and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of August, 1982. ATTES C/ Ci y Clerk PameZ oges APPROVED: City Wdmihistrative Officer City HRC Chairperson n R 4917 • P r T ,`1 r .V T THIS AGREE,�IENT, dated July 1, 1982 for the convenience of th ar =i_s hereto, is bet:aeen the CIT1' OF SAN LUIS OBISPO, a chart2r.ed municipal cor- poration (referred to herein as "City ") andFriendship School, Inc a non - profit corporation (referred to herein as Friendship School ) WITNESSETH: WHEREAS, Friendship Schoolhas requested City to contribute to purchase of cnmmnnirat-nrs for diabled clientele , said program as more fully described in Exhibit "B" attached .hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and Friendship-School I for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1 Fricnshi� SFhnn1 agrees to make its services as described in Exhibit "B ", attached hereto and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the period July 1, 1982 - June 30„19 2•Friandchin Schonlwill provide City with monthlcl summary reports and a final report, describing the type and quantity of services provided' and listing funds received byFz•iendshio Schoolfrom other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3Friendship School and all of its agents,. representatives, participants in any manner in the performance of Friendship School , obligations and duties hereunder shall be employees, independent contractors, or volunteers for F =;Pnaah;n - sr- hnolnd shall not for any purposes be considered employees or agents of the City. 4.Friendship School agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act or omis- sion, negligent or otherwise, of Friendship School School 5. City agrees to pay Friendship on a one -time only grant, the sum of ($5945.00), payable in twelve monthly payments; or if deemed appropriate by the Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to Friendship School . Said termination shall be effective 30 days after City mails notice of termination of Friendship School agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be con- sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk Friendship School. PO Box 1451 PO Box 321 Luis Ob�s�o San Luis Obispo, Ca. 93406 _C•4_ 93 si 0-k— IN WITNESS WHEREOF, the parties hereto have executed Chas i.arn_ era n_ their proper officers duly author' By S, `� yam.{; _.r a�� °;•..�.� in 1107` .0 nl'-O• ido r1,rMiMUniU'1: C-11 r 1,1 1 -1 -1. j .1 day -. C, ..%7 r: _:r r,� i n 'c r L 0 -1 d i c a b 1 ;0-d a d;_7 t S a r. i c' 3.1-1:, '7 t ,, d t d all h t are be,,rond sc-_'nocl 'n(! z o d -1. ab I d t tic-inatc in %%,orl,_ -or other us zal (1,a.y :n e a c t, i, 0 s pas -6 3-5 1rears , has .o•n frc") one s all nro =.r, servi= s_J:-: -cersons to a cor- rc.hen eras fiv -oro=--rarn. Our imoact. unon tulle disabled co= u .i un i ty I -_ s, 11 r e ogler or c*ani za ti on in the c o i--.,n • s ery es our nar t c tar -1) 0-51-1 4 P tion. In fact, .Ve are no,,,i the strictly n lamest 7, - Lj_ L, -cal -ro?-,- in Cali fornla serving severely di s a b 1 ad Derson-E. C, -,,, r s 7 y is lillmited because we have purposely S-re--d the sejar_=-Ue grams throughout the city. Mlajor oast event.7, include two large state pro=gram grants (IC, 77C / 1980) , the openi"rig of a residential home (1976), 'n-iring an r_,XecuU_1 L, (1981), increasing staff fro!:'! 17 -63 39 o% the nast si.x months, and the addition of a ne%V S e r -'r i'l fourteen nrofoundly retarded adults (12/,8_1). F 'in a 1 started serious Dlanning in conce-_,--U.,,-.rith the to snonsor a 20 -LLnit federal housing c-ra-nt for d-doabled an" senior citizens. Staff and students reflect the general ma47e-un of to y An affirmative hiring policy is in effect as State funding source. The only ca.tegory exoeriencin.- a sno_-t- age iS that of ,.1 1 'e males. I T V,.Ie evnect 'o seriously increase the abilit.-,)r and onpor,.U-I-Gy 01 our ncn-connun "cat ive disabled students to narticir.ate in nor- mal SLO City life. They will acquire the ability to "seem,` to friends and business nerscnrel, make normal purchases. and generally conduct their a'l-,---; ;.i s. the need of assistance. At the oresent time, most of the 25 students identified as capable of using nortable communicators rely unon stalfil' or volunteers to acco-iiI.pany them in public due to the co:,,,,.rT%u-ica-uJ-,D_- problem. Hand-held or wheelchair attached communicators ,-i provide them lNith independence. This request also asks for training equipment so that students who are cap-able of learning the symbols and snellincr recuired to oneraue nortable communicators can do so. In this ,-lay, Friendship School will have a comprehensive communicator system alloaing persons to start• at any level. In the end, we hone to see improved mental and e.motional development, in both school and community, as individuals ac- quire greater control over their expression. We have seen this in the oast with other program improvements that broaden student experience. j -EXHIBIT T 1. ....... . GUIDELINNES FOR REPORTT ?:G Citv of San Luis Obispo Grants -in -Aid Funds Fiscal Year 82 -83 PHILOSOPHIC ASSUMPTION: Aim to help people to helo themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of funds shall be contingent on the recient of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1983. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taspayers of the City. Your cooperation is very much appreciated. As always, the HRC and staff are available for help and consultation whenever the need arises. �7 ;; �-:-*See Agency Monthly Report -- Specific Guidelines a- y s 1C I : . I?1- .. : i t . ?OR_ ?CRd'1T. Monthly reports shall be due during the _.zrst _ittcon ;1S1 of the month with specified information =o: the included. The sooner the HRC office receives the agency :_rort, the sooner the funds mau be released. INCLUDE IN THE ftiO1 ?THL'r REPORT: 1. Administrator's Report: brief synopsis of month's events, including changes, highlights and activities. 2. Financial Report: Agency's overall financial renort as prepared monthly, including all program _nccme and e::pencit r 3. Renort of Expenditure of Citu funds: according to for- provided by HRC. 4. Statistical S;:rveu: Number of clients .served, citU of or n, nature or service providee, any othar recorded SCa CiSt_CS• regularly kept by program. 5. Board of Directors: Flinutes for previous month, notificarion of next: meeting date. 6. Final Renort: Due July 30, 1983. Should be. cumulative report including all of the above components except for duplicated Board minutes, with overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. T ' 4w•,, � Y :y A i � �' :� � o t �.. n- i h qtr t � FRIENDSHIP SC::oOr„ I:r _ SPECIFIC CUID rIPIss Total award o_` $5945.00 to be paid in increments no larger that $1500.00. This may be vouchered for on a monthly basis according to actual expenditure. :-Ionthly reports shall be in the form as provided for in attached "Agency ilonth'y Peport Format: Specific Guidelines ". After Friendship School has vouchered for all equipment to be purchased, reporting responsibilities will be linited to participation in HRC Liason Program, until the Final Report is due July 30, 1983. -.,per � µl .Y • - � Jt i r�Y' i.i v. '! �[ f X ..� ' �" ti ^ "� .. t f� .: i 1� M � ..h,L.'' i � f 1 " "�v �+•.r s -? � y'(r .t s � �: � " Yj S i an�c� 1 1�n •..d +<g.< � '✓�' ♦L � K "y:V /�- �'4 ' - . f , y .�,0 �• �f -ti ii'1"t may. L f , s )" n�..�. �!. h ;j� t �f�ttt. HiY. S:. -.w � _yin .~c.a � ,R�h .: :� `x� .�":'."�' ✓A. x _� n ?� J'•^•ir L.y Y,'?�.. J -.. ':�,�.�' �r+. �i G�y..s .ter'".'- -!�.F} n.i�.:....::e�[. C�:Y'.iC•ti�'ti�.4t.La�, RESOLUTION NO. 4916 x982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND �,EOC 7 TO PRO VIDE FOUR THOUSAND THREE HUNRED FIFTY DOLLARS ($4350.00 FOR SERVICES PROVIDED FROM JULY 1, 1982- JUNE 30, 198 3 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and EOC SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: EOC Human Relations Commission, City's Finance Dir- ector. On a motion of Councilman Griffin , seconded by and the following roll call vote: Councilman Dunin AYES: CounciZmemebers Griffin, Dunin, Dovey, SettZe and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of Augusts 1982. ATTES . Cif y Clerk 7awle Vo es APPROVED: City dm'nistrative Officer City to ey n f zr c or c._ HRC C aarperson R 4916 . A G R E G i,f P, N T \J THIS AGREEPIENT, dated Julu 1, 1982 for the convenience of the parties hereto, is between the CIT, OF SAM LUIS 03ISPO, a chartered municipal cor- poration (referred to herein as "City ") and Economic Opportunity Commission a non - profit corporation (referred to herein as EOC ,). WITNESSETH: WHEREAS, EOC has requested City to contribute to _aerogram to provide for recruiment and placement of volunteers , said program as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and municipal purpose: NOW, THEREFORE, City and EOC , for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1• EOC agrees to make its services as described in Exhibit "B ", attached hereto and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the periodJulyl 1982 -June 30 1983 2. EOC will provide City with monthly summary reports and a final report, describing the type and quantity of services provided and listing funds received by EOC from other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3. EOC and all of its agents, representatives, participants in any manner in the performance of EOC , obligations and duties hereunder shall be employees, independent contractors, or volunteers for EOC and shall not for any purposes be considered employees or agents of the City. 4• EOC agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a.result of any act or omis- sion, negligent or otherwise, of EOC 5. City agrees to pay EOC on a one -time only grant, the sum of ($4350.00). payable in twelve monthly payments; or if deemed appropriate by the Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to EOC Said termination shall be effective 30 days after City mails notice of termination of EOC agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be con- sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk EOC 150B.-Marsh St. PO Box 32I ;San Luis Obispo San Luis Obispo, Ca. 93406 CA 93401 - rN WIT ESS WHEREOF, the parties hereto have executed this AyrVc,.iorir ;ji* their ropes officers duly 'autho a a r Ic ✓ 1 ^ti •�1 I. INTRODUCTION' 1 he C,'...:: hnliull is n 1'1 NW e P-W -i• 111 i t Cl:- .. a i).'; :n in '.`965 to 14, 1up proErr:m WA's :.Pd �..,c::f:y vi .. ....t it u lnco!;ie ri'sid nts "f Son Luis 0his!'•o WunLy. Currently six service programs :ire opurNt ing, al1 of ,:Iiicfl h1?ve 17:-cn possible by the consistent dedicntiun of volunteers. In tltr• year c::di;:g June 30 ,19S1, 47,196 hours, 15/ of all the hours spent in the were donated in- kind" by 733 volunteers. As you are ,...are, HOC _.. to serving the underprivilogod numbers of our society regardless of race, creed, sex, nation origin, marital, 1!vsica1 or nuntal condition, ^. ci Itas a proven track record in this field. Further details may be found in attaclumcnts titled: HOC Cvervic•w, ":ljur Servires Provided by EOC Programs and HOC Prutrnm tiighli-ghts. To raise funding, six foundations have been contacted and .two :cure ..:re pending. Three south county cities are considering putting the C,; -unity Volunteer Bureau in their July budget. Two corporations Lave br•t r. we are about to submit a proposal to A.I,D, (we have already met with the E>:ecutive Director, David McMillen). Several social service ::fir 11, !4 s asking for a small donation from each agency hicn used the volkioti � r RnUr. Service clubs already approached have expressed a willingness to plw.te on amount of $1,00 or more from their general fund and offered us fund raising support. There are strong indications that ivirtually all the service (lobe in the area will give us this kind of support. II. PROCRAI•i OBJECTIVES The Co:. unity Volunteer Bureau will promote and encourage volunteerism ccunty -wide, filling service gaps caused by cut -backs and contributing to the quality of life of volunteers and their community. 1) The Bureau will screen and place at least 240 volunteers in the first four months of "puratiun in 5:1n Luis Obispo city departments and service agencies. 2) At least 20agencies will request and receive assistance with work, site development, volunteer management training and con - tinual monitoring visits. 3) Initiation of a credited Youth Involvement Program with the assistance of Cuestn College and Cal Poly. 1 4) On -going funding will be achieved for the project by.the end of the fiscal year ending June 30th 1983..; JJ y i: s EJ(fjIBIT B 7 4 J .`4 K• r 1 'i A ..i - a w� 'r t' t. r, , ♦t s t :!i'" tfwr ,i' t R - r, .. tt/)� e -y.L x t, �.� nt 1 '). y -..� 1 : 1.M t - y✓ J r ,tf r. ^v 4 .c P• / r A,:u' Y2 > .,Pc , -:t t'.Y s -+•'qc.. i- i,.,y'y 1 t Y. •i' J' N I c :,r Fi c 7'ff` t = �'.� _.L. •cJ i `. -'•~w j :?K, .u.a, -�',"t . •"d1 -y-if '�• 4� v: 6...r • b '1.0 r ;" 4 r.>'.x .�•,.:L`L r5• 'i'° n.� TYr+- 1h L t. .1-ca a Mj�. �+, Jf',.��y�. T1C�S .aD-e 4'. . z f : t'>,•.y .N A`''S%1•:.1 j4. L �., ,. �. Y�'t . �. �'f�... �.t.. °i'_ "�'. ,":.�� -.-*:' ~ . K'.._a�•, .r.' i . M shot•t yy'' 4.,. r..t x5•t: `.!>,p > `T, -' > ?• T'�i i_v.. t' .5.'rvT •.� a.....d 3 Ia...•.:.... o . a'.. C. GUIDELINES FOD REPORTIiiG City of San Luis Obispo Grants -in -Aid Funds Fiscal Year 82 -83 PHILOSOPHIC ASSU`4PTION GENERAL GUIDELINES: Aim to help people to help themselves, As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of funds shall be contingent on the reciept of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1953. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. .Through the use of this system, you can aid us to be accountable to the taspayers of the City. Your cooperation is very much appreciated. As always, the HRC and staff are available for help and consultation:, whenever the need arises. *See Agency Monthly Report - .Specific .Guidelines x x <- �'f1lf,� `✓ is2 0 ACE :.C'', i.`OCiTi!L'r" R:'POR ' OR',',MT: SPn::'_,''C!' !;(iliirCLl:i Monthly reports shall be due during the -first fifteen (15) of the month with specified informaLion for the precedi: mo.-`:� included. The sooner the HPC office receives the agency report, the sooner the funds mau be released.. INCLUDE IN THE ;-IONTHLP REPORT: 1. Administrator's Report: brief s_unogsis of month's everts, including changes, highlights and activities. 2. Financial Reoorti Agency's overall financial report as prepared monthly, including all program income and e:c_end_4t_re. 3. Renort of Fvoenditure of Citu funds: accordin.a to form provided by HRC. 4. Statistical Surveu: Number of clients served, city of origin, nature of provided; any otne°.r recorded st�.tistics regularly kept by program. S. Board of Directors: vinutes for previous month, notification of next meeting date. 6. Final Renort: Due July 30, 1933. Should be cumulative report including all of the above components except for duplicated Board minutes, with overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. '�9 �"cqq % ` _ _s � 1_ t ` f ` n ° e • , ,s,'�?- ? r�"�T .� —r - ;y4a+f 2 e ,il ryr 4 s .JV 1 ., i 1 r x t r f-(� y \^'� i �, ^i i+. .i 'i fir' 1�y ..jay' a 1 +. '✓ �'r'.,Ge RESOLUTION NO. 4915A (1982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THT CT.'Y AND THE SALVATION ARMY TO PROVIDE Ten Thousan Dollars ($10,000) FOR service rovided FROM JULY 1, 1982- 3UNE 30, 198-5. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and THE SALVATION ARMY SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: THE SALVATION ARMY Human Relations Commission, City's Finance Dir- ector. On a motion of Councilman Griffin , seconded by Councilman Dunin and the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of August 1982. A T T ZISIP : 1' C1er APPROVED: City A4dfiiizzlistrative Officer R 4915A 1 G' R F. E M. f ;✓ THIS AGREEMENT, dated 01y 1, 1982 for hereto, is between the CITY OF SAN LUIS poration (referred to herein as "City ") a non - profit corporation (referred to h T the conven- _ *ence of the parties OBISPO, a chartered municipal c.or- and The Salvation Army , ?rein as Salvation Army WITNESSETH: WHEREAS, Salvation Army has requested City to contribute to program to provide gas, food, and lodging in emergency situations , said program as more fully described in Exhibit "B" attached hereto and WHEREAS, said services will be available to residents of the City, thereby serving both a public and.municipal purpose: NOW, THEREFORE, City and Salvation Army , for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1-Salvation Armu agrees to make its services as described in Exhibit .'B ", attached hereto and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the periodiuly 1 1982 -June 30 1983 % 2•Salvation Army will provide City with monthly summary reports and J a final report, describing the type and quantity of-services provided and listing funds received bySalvation Army from other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3. Salvation Army and all of its agents., representatives, participants in an 'manner in the Saa vataon Army y performance of , obligations and. duties hereunder shall be employees, independent contractors, or volunteers for Salvation Army and shall not for any purposes be considered employees or agents of the City. 4. Salvation Armv agrees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the al.legation charging liability on the part of the City as a result of any act or omis- sion, negligent or otherwise, of Salvation Army 5. City agrees to pay Salvation ATOW a one -time only grant, the sum of ($10,000 ), payable in twelve monthly payments; or if deemed appropriate by the Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said pe.riod. 6. The City Counci.l may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days.written not.ice to Salvation Armv Said termination shall be effective 30 days after City mails notice of termination of _Salvation Army agreement.. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be con - �,,. side.red effective upon being sent b certified ad- dresses;. 9 y mail to the following ad dresses;. - I ;his contract may be terminated bI Viritten mutual agreement signed by the parties r by either party giving ':jritten notice to the other at least 30 days in hereto, o ,I advance of the termination date to be specified in the written notice. rnn aALVA ioB AR ali nia Corpor ion • Y' ByVice Pres. By` C OF SAN LUIS 6.61SP o Attes � SecretarvEXKIBI'T A -- ...... I. I The Salvation .Army ' founded in 186` as an international rel__; INTRODUCTION and charitable or- anizati.on endeavors to blend the evan elism of the Ch_ristir= with viable social services. The Army preaches the Sospel of Jesus Christ a i need for all men to reconciled to their Creator. At the same time, the Army the very real needs of living and strives to "meet these needs at the point of Le-ally, The Salvation Army is a reli,ious, charitable, non- profit or ;canizatien Whose officers can perform marria .-es and burials, administer social welfare, the business of the or;-anization and evan. -elite the local community. Leal papers on file at, International Headquarters, London, Eln.71and,; National Headquarters, Verona, New Jersey,; and Territorial Headquarters, Rancho Palos Verdes, Califo = =,, The Salvation Army "opened fire" in San Luis Obispo in 1891 and h:, throu;;h the years provided the community with both reli^ious and social service;. The projrams include weekly reli7.ious meetinr-s, Home Lea,ue( women's group for community service, education, fellowship and worship- open to all women), Lea- --e Mercy(hospital and home visitation), Youth pro xams for all ages, summer campin opportunities, and daily social services. In 1981, the Salvation Army of San Luis Obispo.sQrved 347 distinct cases for local residents and 247 distinct cases of transient requests. A total of 1167 person were assisted. This is a notable inc_an: over'1980 social services statistics. The Salvation Army works cooperatively with other area agencies to provide emergency help,and lon=er -term assistance. William Booth, the Founder of the Salvation Army, is o_L}oted as sayin': "you can't save a man whose feet arecold ". It is with this spirit of compassion and practical assistance that she Salvation Army has developed a world -wide • .reputation for being the people with "heart to God and hand to man". , II. PROGRAM OBJECTIVES y t .. We expect to help alleviate basic emergency needs for both local and transient populations. Our social services, based on available funding, can provide food, temporary housin-, clothinn, transportation, occasional utility assistance, counseling, and referrals. Reco mizing that " emergency" may last for more than one day, each request is evaluated by the Social Services secretary, and when necessary, the Corps Officer, to determine the extent of available assistar Every effort is made to prevent duplication of services with other area agencies. While realizin- that many cases require longer -term assistance, The Salvation Army expects to be the "first- stop" for many people in need of help. The Salvation Army is not a "supporting" aggency, but seeks to ease the pressures created by crisis and emergency. We will always make referrals to other agencies when it is a matter of securing AFDC, food stamps, and other subsidies. It is our objective that upon entering The Salvation Army Social Services Office, located in the same buildin^• as the church offices, that an individual seekinZ emerency help will be met with kindness, empathy and practical good sense. Every individual is a child of God and frequently an individual has given up hope on himself and the world. We seek to restore that help with friend:Sh' and finances. EXHIBIT B _c N' C. GUIDELINES FOR REPORTING City of San Luis Obispo Grants -in -Aid Funds Fiscal Year 82 -83 PHILOSOPHIC ASSUMPTION: Aim to help people to help themselves. GENERAL GUIDELINES: As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of 'funds shall be contingent on the reciept of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1983. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taspayers of the City. Your cooperation is very much appreciated. As always, the HRC and staff are available for help and consultation whenever the need arises. I J EN AGENCY MONTHLY REPORT FORMAT: SPECIFIC GUIDELI, %ES Monthly reports shall be due during the first fifteen (15) days of the month with specified information for the preceding month included. The sooner the HRC office receives the agency report, the sooner the funds may be released. INCLUDE IN THE MONTHLY REPORT: 1. Administrator's Report: brief synopsis of month's events, including changes, highlights and activities. Z. Financial Report: Agency's overall financial report as prepared monthly, including all program income and expenditure. 3. Report of Expenditure of City funds.: according to form provided by HRC. 4, Statistical Survey: Number of clients served, city of origin, nature of service provided any other recorded statistics regularly kept by program. 5. Board of Directors: Minutes for previous month, notification of next meeting date. 6. Final Report: Due July 30, 1983. Should be cumulative report including all of the above components except for duplicated Board minutes, with overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outlined in grant proposal. RESOLUTION NO. 4915 (1982 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND RSVP /Senior Home Share TO PROVIDE FIVE THOUSAND DOLLARS 55000.00) FOR SERVICES PROVIDED FROM JULY 1, 198 --- JUNE 30, 198 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto, and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and RSVP /SENIOR HOME SHARE SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: RSVP /SENIOR HOME SHARE Human Relations Commission, City's Finance Dir- ector. On a motion of CounciZman Griffin , seconded by Councilman Dunin and the following roll call vote: AYES: CounciZmembers Griffin, Dunin, Dovey, SettZe and Mayor Bi Nig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 3rd day of August, 1982. ATTE C ' t y C1 e rk Pame Voges APPROVED: City A m' istrative Officer Ci ty A £c rrWy I�f'Yecttmi HRC Chaiiners R 4915 :i R E c !.1 E Pi T THIS AGREEMENT, dated July 1, 1982 for the conv_r snce of t_he parti,,s hereto, is between the CITY OF SA.M LUIS OBISPO, a chartered municipal cor- poration (referred to herein as "City ") and RSVP Senior Home -Share a non - profit corporation (referred to herein aS Senior Home -Share ), WITNESSETH: WHEREAS,Senior Home- Shareh.as requested City to contribute to program to match a senior in a congregate living situation said program as more fully described in Exhibit "B" attached WHEREAS, said services will be available to residents of the serving both a public and municipal purpose: a hereto and City, thereby NOW, THEREFORE, City andSenior Home:.-Share for and in consideration of the mutual benefits, promises and agreements set forth herein, do agree as follows: 1. Senior Home- Sharggrees to make its services as described in Exhibit "B ", attached hereto and incorporated herein, available to residents of the City of San Luis Obispo on a regular basis for the periodJuly 1, 1982 -June 30,J98 2.Senior Home- Sharewill provide City with monthly summary reports and a final report, describing the type and quantity of services provided'and listing funds received bySenior Home- Sharefrom other sources. Said reports shall be in the form of Exhibit "C ", attached hereto and incorporated herein, or in such form as shall be approved by the Human Relations Commission or its staff. (Exhibit "C" attached) 3. Senior Home- Sharend all of its agents, representatives, participants in any manner in the performance ofSenior Home -Share , obligations and duties hereunder shall be employees, independent contractors, or volunteers forSenior Home-Shara'nd shall not for any purposes be considered employees or agents of the City. 4. Senior Home- Shara?grees to hold City harmless, and to defend City against, from and in any claim, action, proceeding or hearing wherein the allegation charging liability on the part of the City as a result of any act or omis- sion, negligent or otherwise, of Senior Home -Share 5. City agrees to paySen. HomeShaon a one -time only grant, the sum of ($5 pDO ), payable in twelve monthly payments; or if deemed appropriate by Effie Human Relations Commission, a one -time payment for the full amount during said period, or, bi- monthly payments for the full amount during said period. 6. The City Council may by motion terminate this agreement at its sole discretion after a public hearing and upon ten (10) days written notice to Senior Home -Share . Said termination shall be effective 30 days after City mails notice of termination of Senior Home-Share agreement. Any funds not paid pursuant to Paragraph 5, above, shall revert to City upon said termination. 7. For purposes of notice under this agreement, all notices shall be con- sidered effective upon being sent by certified mail to the following ad- dresses; City: City Clerk Senior Home -: 660 Pismo PO Box 321 Share San Luis Obispo San Luis Obispo, Ca. 93406 CA 93402 IN WITNESS WHEREOF, the parties hereto have executed thln their proper officers dul authorized I. INT-ODUCTIO.'.1 r 2--ii-ior Home-:Shart- i.-� J . .7. 1 sponsor is the SLO County YC-!Cf•_ The c -f .2 i.rl ' 2 D e n., n 7 :1 fall of 1931 when 0,- I e ry ce 1, o a (7 �� ?1 0 E 0 12 ' S Se n 11 (D r 1 n fforma-u -ion and 7� Relations Comr.-i-iss-ion, FIOTLIN'7� e T, the SLO Housing Authority, Community Nental -Neal-th, the A. re zen- cy on Aging, Cal Poly and Cuesta Coiiege. me-.-o discuss c- ,?- c, met .to the serious need for adecuate affordable housing For elderly. Tt recognized by all present that the need was beyond their collective ities to provide or assist in procuring it. it was also recon;-n_-d, that many older persons who have their O�7n homes could benefit f-rcm Shared housing since it offers the auxllliary advan-ac-es of increased safet",, and. L 0 well-being, reduced living expenses, and coinDanionship. Frail_ - er adults may even be able to avoid institutionalization if someone could, L L� I share their home and assist.them. Senior Home-Share formally began operations in January 198" with funds from the Human Relations Commission of San Luis Obispo the anC! ' Area Agency L on Aging. Since January 1982, Senior Home-Share has Drovided extensive information and referral to 1015 clients and counseled over 50 Dersons. From the nature and increasing number of calls, it is clear that Senior L Sior Home-Share is becoming known as a primary source of housing information and advocacy, and has impacted on many lives. Two matches have been made mr. to date, and more are un�ler consideration Senior Home-Share staff Is confident that the current goal of 10 matches will he met by June 80, 1922 Affirmative action policies are an integral part of Senior Home -Share orientation. One OF our funding sources, the Area Agency on Aging, !-an- dates that services be provided to persons 60 or over. t,Te do screen young- er persons to match with those seniors seeking intergenera-Lional contact 7% persons under60 may be matched with each other through coordination Tiith the San Luis Obispo Housing Authority. II. PROGRP-M OBJECTIVES Senior Home-Share intends to provide a solution to the housing needs of I at least 50 older adults during the corning t ing fiscal year. We hope o provide L `at least 1000 persons with timely and appropriate information and referral, and another 400 with counseling concerning housing and related issues. ..,,.,...,-,.Shared housing has the potential OF providing, not only as answer to the -need for housing, but increased safety and well-being, i�mproved nutritional 4;status, increased social involvement, reduced living expenses, and the avoidance of institutionalization. It is our goal to be of as much service as possible to the elderly in the San Luis Obispo community in meeting these objectives. Exhibit B T -7 z V Z - _'2 -7 GUIDELINES FOR REPOP.TI71IG Citv of San Luis Obispo Grants -in -Aid Funds Fiscal Year 82 -83 PHILOSOPHIC ASSUMPTION GENERAL GUIDELINES: Aim to help people to help themselves._ As you know, funded agencies are paid with City of San Luis Obispo taxpayer's money. As such, we are all required to be accountable for these funds. Accountability will be achieved through the following methods: 1. Liason Program: The HRC, through the Commissioners or staff, will be in contact with the funded program on a regular basis to identify areas of concern and /or to provide a resource for each program funded. 2. Periodic Reports will be due to the HRC. The release of .funds shall be contingent on the recient of a complete report. Guidelines for such reports shall be as deemed appropriate by the HRC.* 3. Fiscal Year -End Reports shall be the responsibility of each funded agency, and shall be due by July 30, 1 0183. Said report shall consist of a synopsis of previous statistical reporting and an overall narrative of program operations during the fiscal year. This report will allow the HRC to present an accurate reflection of how City Grants -in -Aid funds were used during the fiscal year to the City Council. 4. Documentation: Through the use of a standardized form supplied to each funded agency by the HRC, programs will be required to categorically display their use of city funds. While supporting documentation is not necessarily required within the reporting guidelines, it is necessary to have such documentation on hand in order to satisfy any need for such documentation. 5. Annual Audit: If necessary, the agency must provide for an annual audit by an independent auditor mutually agreed upon. Through the use of this system, you can aid us to be accountable to the taspayers of the City. Your cooperation is very much appreciated. .,As always, the 11RC and staff are available for help and consultation;., whenever the need arises. ". -. s. Y� E *See Agency Monthly Report - ..Specific' Guidelines c# r 4 n ♦ t T rn +, � M''r `+� � � }� �•,W •CI tr}'y. _• i F � t ti, �--'i r. �, `'tea "� 6 - '3-e / n,. v l _ C. '�� r u` r. 2 •� ��'. *' .' rr ��"r` p .+ r;'C '" �l ACEIC: O';T ? ?L_ RFPORT ?0RidAT. SP,:Ci r'IC ( :ii Monthly reports shall be due during the First f `teen (1 =) cats of the month With Specified information °Ir the �7T• ^�elt ::ir ;�O,�C� included. The sooner the URC office receives the agency the sooner the funds mail be released. INCLUDE I 3 THE i;Olimyr_v REPORT: 1. Administrator's Report: brief synopsis of month's events, including changes, highlights and activities. 2. Financial Report: Aaencu's overall financial reDOrt as prepared :monthly, including all Drogram income and 3. Report of Expenditure of Citu funds: accordina to for. provided by HRC. 4. Statistical Surveu: Number of clients served, city of origin, nature of service provided; any other .recorded statistics regularly kept by program. 5. Board of Directors: i'linutes for orevious month, notifi .: iot] of next meeting date. 6. Final Report: Due July 30, 1983. Should be cumulative report including all or the above components except for duplicated Board minutes, With overall narrative as to to progress of funded program during the course of the grant period. Emphasis on success of meeting objectives outl.ined in grant proposal. t� +. ��, 7 f i •` .. .y � �+L• �+'Sr � i�� y , 1 _ a' i ti' . •_.r I� yew .ri' +�.y . +!•f - � � y.� - + z'Y'., �-+., 4a 2♦ S +, *- +".'+as �� pia _Y:.�;rs�_�.u= :r.a'� C D RESOLUTION NO. 4914 (1982 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: Rock Screenings for Street Chip CITY PLAN NO. N/A Seal Program ESTIMATE:$8,100.00 BUDGET ACCOUNT: 01- 4812 -195 BIDDER: Hearn Trucking Inc. BID AMOUNT: $8,122.50 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 Griffin , seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd, day of August , 1982. MAYO IE C. BILLIG ATTEST: Z L4 I CITY CLERK PAMELA VOGES APP OVED: City strati le Of icer City Attorney F' ance Direc or City Ikigineer R 4914 �le�� 7 i i i 7 RESOLUTION NO. 4913 (1982 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: Furnish Asphaltic Emulsion PROJECT: CITY PLAN NO. N/A ESTIMATE: Emulsion = $19,570 BUDGET ACCOUNT: 01- 4812 -195 BIDDER: BID AMOUNT: $19,567.15 Douglas Oij.Company SECTION 2. That the City Cleft is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Griffin , seconded-by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of August , 1982. ATTEST: / 2�_ I. - CITI CLERK PAM LA V&ESj APPROVED: City'' strative Officer City to Finance JiSWcior .k! 4� City gineer FF-1 +/ r . I. i 9 i i t 1 l 1 I RESOLUTION NO. 4912 (1982 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: Bicycle Lane Improvement Project CITY PLAN NO. F -33 ESTIMATE:$35,864.,00 BUDGET ACCOUNT: 23-4862-73703,374-27)' 407-4862 - 737($24,283.68) BIDDER• Walter Bros. Construction Co. BID AMOUNT: $27,657.95 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 Griffin seconded-by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of August , 1982. .. OR C. BI I ATTEST: C/ CIf CLERK PAMELA ES APPROVED: City A� " strative Officer City me ce or City gin' eer B R 4912 0 - . , .. A RESOLUTION NO. 4911 (1982_,Sef- a) 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: Waterline Improvement Project PROJECT: Brizzolara Street Waterline CITY PLAN NO. F -35 Nipomo Street to 600 Feet Southerly ESTIMATE: $23,514 BUDGET ACCOUNT: 50- 6362- 715(F35) BIDDER: $Anderson Pipeline BID AMOUNT: $24,302.86 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 Griffin seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 3rd day of August , APPROVED: City Ad finis rative Officer City A me Finan ector ty En eer R 4911 '-l/?O-J7 . Cb PnOlMeewlI CI RESOLUTION NO. 4910 (1982 Serr s) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 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: Waterline Improvement Project PROJECT: Longview Lane Waterline, Slack Street CITY PLAN NO. F -23 to Hathway ESTIMATE: $17,370 BIDDER: Rollo Construction BUDGET ACCOUNT: $50- 6362- 716(F23) BID AMOUNT: $14,954.50 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 Griffin seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey, Settle and Mayor Billig NOES: None ABSENT: None the foregoing Resolution was passed and adopted this Ira day of A"g„gt , 1982 . ATTEST: . ae222i& Z � CITf CLERK PAMELA V S APPROVED: City AddiAi ative Officer ti LGi.ty ngineer R 4910 I , RESOLUTION NO. 4909 (1982 Series) .A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND PAUL P. PIANTANIDA AND EDNA L: PIANTANIDA FOR PURCHASE AND SALE AT 1010 NIPOMO STREET, SAN LUIS OBISP09 CALIFORNIA, AND JOINT ESCROW INSTRUCTIONS 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 Paul P. Piantanida and Edna L. Piantanida 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: Paul P. Piantanida and Edna L. Piantanida; City Finance Director On motion of Councilman Griffin seconded by Councilwoman.Dovey , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey and Vice -Mayor Dunin:.'..'. NOES: None ABSENT: Councilman Settle and Mayor Billig the foregoing Resolution was passed and adopted this 27th day of .July, 1982. '-A24a=A0"dC ed�e�' COUNCILWOMAN D_OVEY ON BEHALF 0 MAYOR MELANIE C. BILLIG ATTEST: ACTING CITY CLERK JAM i SPERY Acting City Attorney Fin"Dirc AGREEPITENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTION To: Title Insurance and Trust Fscrow No.: 136870 -BB 1212 Marsh Street San Luis Obispo, CA 93401 Escrow Officer: Beth Bevan Assessor's Parcel No: 02- 421 -01 THIS AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS ( "Agreement ") is dated for reference purposes only as of July 28 1982, and constitutes an agreement by which PAUL P. PIANTANIDA and EDNA L. PIANTANIDA ( "Seller ") agree to effect a sale of, and CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ( "Buyer ") agrees to purchase that certain real property ( "Property ") consisting of approximately 13,677 plus or minus square feet in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly describe in Exhibit "A ", attached hereto and incor- porated herein by this reference, commonly known as 1010 Nipomo Street. The terms and conditions of this Agreement, and the instructions of TITLE INSURANCE AND TRUST ( "Escrow Holder ") with regard thereto, are as follows: 1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Property upon the terms and conditions herein set forth. 2. Purchase Price. The "Purchase Price" for the Property shall be Three Hundred Twenty -Five Thousand Dollars ($325,000). 3. Payment of Purchase Price. Prior to "Close of Escrow" (as defined below) Buyer shall pay the Purchase Price for the Property by delivering to the Escrow Holder, for disbursement to Seller, as provided for in this Agreement, cash or check drawn on the account of ® • the City of San Luis Obispo made payable to Escrow Holder in an amount equal to the Purchase Price 4. Condition of Title. Fee simple absolute title to the Property shall be conveyed by Seller to Buyer by Grant Deed (which Grant Deed shall be duly executed and acknowledged and deposited by Seller into escrow prior to the close thereof, subject to no reservation and subject only to the following conditions of title ( "Conditions of Title ")): (a) A lien to secure payment of real estate taxes for the. fiscal year 1982 -83, not delinquent; (b) Approved exceptions, including printed matters, disclosed by the standard Preliminary Title Report ( "Report ") dated June 16, 1982, with respect to the Property together with copies of the documents underlying any exceptions referred to in the Report (excepting mechanic's liens or deeds of trust, any of which Buyer hereby disapproves.) A copy of said Preliminary Title Report is attached hereto as Exhibit "B" and incorporated herein by this reference. Buyer hereby approves. the exceptions noted therein. Further, with respect to any encumbrances securing obligations rela- tive to the Property, and including, but not limited to, deeds of trust, Seller covenants that it will cause a removal of all said encumbrances by the Close of Escrow (as defined below). Title shall be evidenced by the willingness Title Insurance and Trust to issue its C.L.T.A. Owner's Form Policy of Title Insurance in the amount of the Purchase Price showing title to the Property vested in Buyer, subject only to the Conditions of Title. If Title Insurance and Trust is unwilling to issue such insurance policy, or if Seller has not removed any exceptions disapproved by Buyer prior to the Close of Escrow (as defined below), all obligations to the . parties hereunder shall terminate, the Escrow Holder shall return to Buyer any stuns which have been deposited into escrow by Buyer, and Seller shall bear the costs of escrow. 5. Escrow. (a) Opening of Escrow. Upon execution of this Agreement, escrow account no. 136870 -BB shall be opened with Escrow Holder at its office at 1212 Marsh Street, San Luis Obispo, CA 93401, Attention: Beth Bevan, for the consummation of this transaction. (b) Close of Escrow. For the purposes of this Agreement, the "Close of Escrow" shall be defined as the date that the Grant, Deed conveying the Property to Buyer is recorded in the Official Records of the County of San Luis Obispo. The parties agree to use their best efforts to effect the Close of Escrow as soon as possible, but, in any event, the parties shall be in a position to close not later than July 30, 1982. (The "Closing Date ") In the event that this escrow fails to close by the Closing Date, (or as extended by the mutual written agreement of the parties delivered to Escrow Holder prior to the Closing Date) by reason of any default hereunder, the defaulting party shall bear all costs and expenses of escrow. 6. Costs and Expenses. The costs and expenses of the Title Insurance Policy to be issued in favor of the Buyer pursuant to paragraph 4 hereof shall be paid by Buyer. Except as otherwise provided herein, the escrow fee of Escrow Holder shall be paid entirely by Buyer. Buyer shall also pay all documentary transfer taxes payable in connection with the recordation of the Grant Deed and any other documents which the parties may mutually direct to be recorded in the Official Records of the County of San Luis Obispo. Buyer shall pay the Escrow Holder's customary charges to Buyer and -3- 0 0 Seller for documents drafted, recording and m.i.sce:llancous charc;ed. for the 1982 -1983 tax year, Real property taxes for the property/ .if_ applicable, shall bc• paid ID k3u_:er. as of the Close of Escrow. 7. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow the Escrow Holder shall promptly undertake all of the following in the manner herein below indicated: (a) Disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price for the Property, by delivering to Seller three checks totalling Three Hundred Twenty -Five Thousand Dollars ($325,000), each one made payable to Paul P. Piantanida and Edna L. Piantanida, husband and wife as joint tenants. The first check shall be in the amount of One Hundred Fifty Thousand Dollars ($150,000); the second check shall be in the amount of One Hundred Fifty Thousand Dollars ($150,000); the remaining check shall be in the amount of Twenty -Five Thousand Dollars ($25,000). (b) Cause the Grant Deed and any other documents which the parties hereto may mutually direct to be recorded in the Official Records of the County of San Luis Obispo. Provide Buyer with a duly executed and acknowledged Lessee's Estoppel Certificate from Seller's tenant in the form attached hereto as Exhibit "C ". 8. Guaranteed Rent for 11 months. Buyer agrees to pay to Seller the sum of $1,350.00 per month, which is the tent Buyer shall collect KEN14ETH from C. 'WHITE dba All Automatic Transmission Rebuild, the current tenant of the Property ( "Tenant ") or Tenant's successor or assign, for an 11 -month period from August 10,1982 throuch and including July 9, 1983 (the "Rental Period "), for a maximum eleven payments of $1,350.00. Buyer shall make each payment by the 25th of each month during the Rental Period, regardless of whether Buyer is able to collect the rent due from Tenant. -4- Buyer and Seller agree that the monthly rent during the Rental Period shall be made payable to and delivered to Seller's attorney, Jack G. Whitehouse, at the address herein below set forth. 9. Default. Seller agrees that if the within sale is not completed as herein provided through no fault of Buyer, Buyer, at its option, shall be entitled, in addition to any other remedy now or hereafter available to Buyer under the laws or judicial decisions of the State of California, to compel Seller to perform its obligations under this Agreement by means of a specific performance proceeding or Buyer may terminate this Agreement and shall be entitled to recover all of its out -of- pocket expenses from Seller which Buyer incurred or became liable for in connection with this transaction, including costs and expenses of escrow otherwise to be paid by Buyer. 10. Notices. ' All notices or other communication required or per- mitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, at the following addresses: Seller: Paul P. Piantanida Edna L. Piantanida P. 0. Box 418 San Luis Obispo, CA 93406 and with a copy to: Jack G. Whitehouse Attorney at Law P. O. Box.1126 San Luis Obispo, CA 93406 Buyer: City Attorney City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Escrow Holder: Title Insurance and Trust 1212 Marsh Street San Luis Obispo, CA 93401 Attention: Beth Bevan -5- C] Notice shall be deemed given as of the time of personal delivery or 72 hours following deposit in the United States Mail. Notice of change of address shall be given by written notice.in the manner detailed in this paragraph. 11. Brokers. Seller represents and warrants to Buyer and Buyer represents and warrants to Seller that no Broker or finder has been engaged by it, respectively, in connection with any of the transactions contemplated by this Agreement, or toi.ts knowledge is in any way connected with any such transaction. In the event of any such additional claims for Broker's or finder's fees or commission in connection with the negotiation, execution or consummation of this Agreement, then Buyer shall indemnify, save harmless and defend Seller from and against such claims if they shall be based on any statement or representation or agreement by Buyer, and Seller shall indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation or agreement made by Seller. 12. Seller's Representations and Warranties. (a) In addition to any express agreements of Seller contained herein, the following constitute representations and warranties of Seller which shall be true and correct as of the Close of Escrow (and the truth and accuracy of which shall constitute a condition to the Close of Escrow): (1) There are no actions, suits, materials, claims, legal proceedings or any other proceedings affecting the Property or any portion thereof at law or in equity before any Court or governmental agency, domestic or foreign. (2) Seller has not received any notices from governmental authorities pertaining to violations of law or governmental regulations with respect to the Property. 'J • (3) Seller has no knowledge of any pending or threatened /other than the City of San Luis Obis-, proceeding in eminent domain or otherwise, which would affect the Property, or any portion_ thereof, nor does Seller know the existence of any facts which might give rise to such action or proceeding. (4) There are no leases, subleases, occupancies or tenancies in effect pertaining to the property, other than the month to month oral tenancy by Edward White, doing business as All Automatic Transmission Rebuild. (5) There are no liens or encumbrances on, or claims to, or covenants, conditions and restrictions, easements, rights -of -way, rights of first refusal, options to purchase or other matters affecting the Property except the Conditions of Title. (6) There is no material adverse fact or condition relating to the Property, or any portion thereof, which has not been specifically disclosed in writing by Seller to Buyer. (7) Seller has the legal power, right and authority to enter into this Agreement and to consummate the transaction contemplated hereby. (S) There are no fixtures on the Property in which any one other than Seller has any claim, rights, or security or other interest. (b) In the event that, during the period of the execution of this Agreement, and the Close of Escrow, Seller has actual knowledge of, learns of, or has a reason to believe that any of the above representations of warranties may cease to be true, Seller hereby covenants to immediately give notice to Buyer of the change in circum- stances. Upon Seller notifying Buyer of the change in circumstances, Buyer may, at its sole option, terminate this Agreement and all funds deposited into escrow or delivered to Seller in connection herewith -7- • \J shall be immediately returned. Further, in the event Buyer so elects to exercise its option, Seller shall pay all escrow costs, if any, incurred by both parties herein under this Agreement. 13. Survival of Covenants. The covenants, agreements, represen- tations and warranties made herein which are intended to survive the Close of Escrow shall survive any investigations by the parties at the Close of Escrow and the recordation and delivery of the Grant Deed conveying the Property to Buyer. 14. Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of the successors and assigns of the parties hereto. 15. Required Actions of Buyer and Seller. Buyer and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplisr the timely Close of Escrow in accordance with the pro- visions hereof. 16. Entire Agreement. The Agreement contains the entire agreement between the parties hereto, relating to the Property, and may not be modified except by an instrument in writing signed by the parties hereto. 17. California Law. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. 18. Waivers. No waiver by either party of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by either party of the same or any other provision. 19. Caption. The captions, paragraph, and subparagraph numbers appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this Agreement, nor in any way affect this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Approved as to form: A Wf��Jac . Whitehouse SELLER Paul P. Piantanida State of California )e County of San Luis Obispo ) ss. Edna L. Piantanida On July 2,-,4 1982, before the under- BUYER signed, a Notary Public for the State of California, personally appeared Paul P. Piantanida and CITY SAP] LUIS , a Edna L. Piantanida, known to me to Chartered ed Municipaal l Corporation be the persons whose names are of the State of California subscribed to the within instrument, and acknowledged that they executed same. A� n B,(,� COUNCILWOMAN DOVEY ON BEHALF 0 PTAYOR MELANIE C. BILLIG OFFICIAL SEAL SUSAN RIALUBIN ATTEST: ' o sl NOTARY PUCCUC- CALIrOnNA SAN LUIS OSISPO COUNTY State of California ) 1ss. County of San Luis Obispo ) On this 29th day of July, in the year 1982, before me, Marilyn Perry, a Notary Public in and for said State, personally appeared GlennaDeane W. Dovey, known to me to be a Councilwoman of the City of San Luis Obispo, and known to me to be the person who executed the within instrument on behalf of said public corporation, and acknowledged to me that such public corporation executed the same. WITNESS my hand and official seal. Notary Public in and for said unty and State Marilyn Perry Name typed �OFFICIAL SEAL RILYN PERRY Y PUBLIC•CALtFORN1A NCIPAL OFFICE IN UIS OBISPO COUNTY Aug. 12, 1983 EX 130270-LP PAGE 3 PARCEL 1: • 0 N OF r,77Y OF SA;l LUIS OBIS"O, I!! Ti' BLr,C�, OF 7�� THAT POPTIC - -1 CALIFOPNIA, ACCC:)Dl'.(-, TO COUNTY OF sAtj LUIS 03 "7 A/ PAGE 6 OF Prl HAPP-15 A+,D V.'ARD SURVEY C= SAiD r'(j IN BOO F WS DESCRIBED AS r OLLO BEGINNI NG AT TliE INTERSECTION OF THE SOUTHEASTERLY LINE OF LINE -T: E NO-77"E"STERLY LINE OF NIP01-10 STREL. MONTEREY STREET 1,41T'r: T,'-;.. ;, .1 E THENCE NORTH 53° 07' -EAST ALO`;' SAID SOUTHEASTERLY LINE OF "° MOrJTEFEY STREET, 54 FEE-J; ...,THENCE N C E A T RIGHT ANGLES SGT T,. 7,z;" 55' EAST TO THE. CENTER OF S. ' REEK B OISPO C; LUIS D CENTER OF SAID CREEK TO THE THENCE NORTH. e,ESTERLY ALONG T.-',- NTERSECTIPN THEREOF f REOF l--' -11TH T= NC�:THEASTEPLY LINE OF N I POi",O I - STREET- _ HENCE NORTH 36o 53' WEST S-41D STR EET LINE, 75 FEET, LE "N I NG Sc SSI TO THE P( ��JT OF L ORE 00 'PARCEL 2 I i lz HE CITY OF SAN LUIS OBISPO IN ..THAT PORTION OF BLOC"' 8 OF C' .COUNTY OF SAN LUIS OBISD-Ot STATE OF CALIFORNIA, ACCORDING Tr OF SAID CITY, IN BOOK A, PAGE 6 OF °' . HAPPIS AND IHARDS SURVEY ESCP15'ED AS FOLLOWS: BEGINNING A T A PCI"T ON Tn= SO.T.FEASTERLY LINE OF t10 PEY E T -1 THE N ITER".; T 54 FEET FROI THEREON NOPTH 53° 0 E WITH THE NORTHEASTERLY L I JE OF IMONTER-EY STREET; F�SAID LINE IPOMO SJREET; THENCE CO', NU1::G NORTH 53° 07' E 'JT 1 "ST ALONG SAID LINE OF MCI' 27 FEET; THENCE AT RIGHT ANGLES sou TH 55c 53 EAST TO THE CENTS. OF' " OBISPO CREEK; NORT THE AL01-C 0 THE C=?dTER OF SAID .CREEK, TO Tik 'SOUTHEASTERLY COR:IEP OF THE LAND D ESCRIBED IN THE DEED TO :PIANTANIDA ET UX., RECORDED 1•?ARCH 29, 194 6 IN BOOK _402. OF OFFI CIAL RECCRDS; HENCE NORTH 360 53' :WEST ALONG THE NORTHEASTERLY LINE OF Til, BED IN THE SAID DEED TO THE .POINT OF,_BEGINNINC DESCRI (END OF DESCRIPTION) 0A Ir 'V. dvI. ; eZ • -v IT Al CAT. NO. NN00127 TO 528 CA (8 -811 • 11; 11 TITLE: INSURANCE AND TIRUST • CITY OF SAN LUIS OBISPO When repiying refer to ATTN: ANN RUSSELL 0 'ASST. CITY ATTORNEY ' Our Ni o. 1315370—LP 990 PALt1 STREET LUIS OBISPO., CA 93401 Your No. P 1AINTAN I D A -7 In response to the above referenced application for a policy of title insurance. Title Insurance and Trust Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Associa- tion Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or re- ferred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. NOTICE: If the real property covered by this report is a residential condominium unit, a residential lot, or a residential lot improved with a structure containing one to four single family residential units• then the policy issued to an owner in connection herev.-ith, will not be the policy referred to above, but will be the American Land Tit'- i tion Residential Policy - 1979 Form. . .... .. (arid any supplements or amendments 'thereto) is iSSLIOd SOICIV for the purpose of facilitating tll. of a policy of title insurance and no liability is assumed hereby. 11 it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of JUiNE 16 'I 9_S_2 , it 7:30 a.m. LLOYD PETERSON Title Otficer estate 1` The or interest in the land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in; L P PIANTANIDA AND EDNA L. PIANTANIDA HUSBAND. A14D WIFE, AS JOINT TENANTS zXr-, 7- *1V _. ;4V t.thi e print' d exceptions and ex ate hereof ex6eptions; to coverage In addition to th' e 7r orm would be Ss follows: n-� %xq A; er k P 17)5870 -LP P A G E 2 1. FOR TAXES p 30ND5 AND ASSESS. ENTS CU ^RENT C' E I' EXHIBIT "I" ATT ",CHED. 2. SUCH RIGHTS AND EASE. ",ENTS FOR NAVIG„TIC�l AND FISHE:`! I4HICH MAY EXIST OVER THAT PORTION OF SAID LAND LYING - E''!EAT! THE WATERS OF SAN LUIS OBISPO CREL %. DESCRIPTION: ..THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBI SPO, AND IS DESCR I BED AS FOLLO' :.'S : ATTACHED HERETO. LP: EM 6/28/82 r,A :Gy - PAGE 3 PARCEL I D r R 1 1 ) i E c- C 7 10 • " ` E THAT PORTION OF 3LOCK 8 OF TH.- CITY OF L! I T C. 1 .7 0 1• T COUNTY OF SAN' LUIS C' ST I OSISPOATE OF Zi I I ALIFO'Rt,!I;'•, HARRIS AND lvW D SURVEY OF SAID C I TY IN p 0 r 0 -, A P A (7 r F P S .1 -!S DESCRIBED AS FOLL01,1 j OF THE SOUTHIEASTEDLY LIME OF ING AT THE ITERSECTICP BEGINNING N -. MONTEREY STREET WITH THE NORTHEASTERLY LINE OF N'IP0;M ,O STREE T THENCE NORTH 530 07' PAST ALONG SAID SOUTHEASTERLY Llf,!E OF MONTEREY STREET, 54 FEET; 37 THENCE AT RIGHT ANGLES SOUTH 350 5D ' 'PAST TO THE CENTE OF SAN 'LUIS OBISPO COEEK; THE ENTEII Cr SAID CPEH-p,' -1,0 T,-,c: THENCE NCRTH',-!ESTERLY ALONG THE C�- INTERSECTION THEREOF WITH THE NORTHEASTERLY LliNE OF NIrO 4 . 0 STREET; THENCE NOP TI 1 360 1 3 t 'NEST A L 0 1 G SAID S T R E P T L iN f 75 EET MORE OR LESS TO THE POINT OF BEGINNING r PARCEL 2: .-,.....THAT PORTION OF BLOCK 3 OF THE CITY OF SA,"I LUIS 03IIZ-0, IN COUNTY OF SAN LUIS 05ISPO, STATE OF CALIFORNIA, ACCORDING TO . HARRIS AND '.BARDS SURVEY OF SAID CITY, 1\1 COO' A PAGE 6 C. F A PS DESCRIBED AS FOLLOWS: BEGINNING AT A POINIT ON THE SOUTHEASTERLY LINE G= t 11 0 t J T ETR E Y STFIEET -1 -0 FEET Fr 1_117 -n-S": TION ISTANT THERE-0; -!ORTH 51� 07' EASTp 54 -,OM T, l_ INTE., "C; F' ..SAID LIt!E OF I ON T E P EY STREET , -11TH THE NORTHEASTERLY LINE OF IPONO STREET; _-'.THENCE CONTINUING NORTH 530 07' EAST ALONG SAID Ll!-tE OF NiONITEREY STREET, 27 FEET; H ENCE AT RIGHT ANGLED SOUTH 360 53' EAST TO THE CENTER OF SAN UIS OBISPO CREEK; ::THENCE NORTH.-JESTERLY ALONG THE CENTER OF SAID CREEK., TO THE "SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO PAUL I,,,, nOOK PAGE .-PIANTANIDA ET UX, RECORDED MARCH 291 194G 402,, 315 OF OFFICIAL RECORDS; THENCE NORTH 360 53' VIEST ALCMG THE NORTHEASTEPLY LINE OF THE ND DESCRIBED l,'•l THE SAID DEED TO THE POINT OF BEGINNING. li vi (END OF DESCRIPTION) f 2i q O'er;. a (3 136370 —LP PAGE 4 EXHIBIT °'1r' 1. GENERAL AND SPECIAL COUNTY TAXES AN2 CITY TAXES F0. °. THE FISCAL YEAR 1982 -1983, A LIcN ^!CT YET PAYAPLE. 2. GE ^.ERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1981 -1922, "Cl-W PAYABLE, INICLUDIN'C PERSONAL PROPEPTY TAX IF AHvi AMOUNTS CURRENTLY •r'' °" ASSESSED $299.7' — ALL PAID Y:. .. FIRST INSTALLMENT 149.86 ..PERSONAL PROP ERTY OF NONE IN THE AMOUNT OF NONE ECO!JD INSTALLMENT 149.86 TOGETHER WITH SUCH ADDITIONAL AMOUi`iT5 :!HIGH MAY °E ASSESSED BY PE^�C, (A) IiiPROVE!iEHTS ADDED SUBSEQUENT TO MARCH 1, 1975; _> -(B) CHANGES OF O<INERSHIP OCCURRING SUBSEQUENT TO MAP.CH I, _ -1975; (C) ANY FINAL JUDGMENT DETERMINING THAT CO ?ISTITUTIO�NAL ARTICLE XIII A HAS BEEN APPLIED I!1PP,OPERLY; - =: 'c.• (D) REAPPRAISAL OF PROPERTY VALUES AS OF MARCH 1, 197 Y.,,�_?ti.• i : � �. -' . _ .. .. - _ ;.:rte . a ? .. "d'� ..�- Jyf rT_'w" �i-b' . -f. '• .i ] �� -+. 't, y�i.T:°,-a'�y.T�"� r! r _ O i �✓.% � . 7 • � • • .. � �-G 4ry 'S`G' . b. may- Yr.. -+" � Vr !'fC ' -. _ a. -••r. :. - r ru •.. Y..+�Y. A;� 1F t'.�.._..yMI[ G�.�' `•r''�� ,1,+. 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'1tiJ 4, � � -'� F (\j z 0 W 0 "I 01. w cl Ll Li z 0 �n i; M�olel'v'—r co N W ci 'IS N 3 C u VID LJ w ul es 10 CS l CL w uj ILI Ix w ----------- Wil) CO ji i; M�olel'v'—r co N W ci 'IS N 3 C u VID LJ w ul 0 P4 0 d I N 06 > � 6 < of Ll L.i Ll Ll -CZ 0 Lj U Z Ul -C Lj CL On z L O Z iz -j .11 I Z vi (Z U tau Z °urn < U LO n cr Ul CC 0 ,0 IL LL 00 U) z < Z rL 0 < M w it P 10 CS l 0 P4 0 d I N 06 > � 6 < of Ll L.i Ll Ll -CZ 0 Lj U Z Ul -C Lj CL On z L O Z iz -j .11 I Z vi (Z U tau Z °urn < U LO n cr Ul CC 0 ,0 IL LL 00 U) z < Z rL 0 < M w it P T11 C LI 5 CID 7 C L' I P Edna L. on(i L-he Ci,L• oF i,iiJ ClI 1 He is the sol-c, tenant in Z; 0 S S U!; 1; L L o L:;. at IOLO NIiooT:-.o Street, San Luis OIA.spo, C;i I i o:-:,' and kno,,.-7s or no other tenants 2. He occupies the propertlr pursua-t- to an orn-I %.;i'L-h Paul P. Piancanida and Edna L. Pian-canida the terms •of which agreement are as fOlIO%-.----. (a) i•Ion.zh to month -t-enanc,.- e . , ten4 :-.c-, i-.,ay 'DC- T tei.mina-ed by eithe- Tenant or C_ 0 1: da•s w-riz-Len notice to -LI-ic. other; (b) The rcn'L-al is $1,350.00 per morz: n, on --C: 10th of e a c are no 'ol-i1c'r F-S 0-'- �,C 1- ell Or in f u 1 1. f c) r c -L a n cl e CI 1 -.7 L C; C, bC_Ll. 111 C::�, c, c c up a E on o t r o e r L%-, Zl Oral Or. n C'- U 7) C) 1', Tenant any: (a) Ort,ion or righ-L. Lo C,:-:t:e!ld tl?e cel:M OL L!lc ht of first or co nul,c,-,Ist LhO (c) Bi ,IIL LO IIKII-,e any 01- uLlI�l- chanr-,Cs t.0 the C r C Y 0- !-!:C! d'LC 1IL-1. L CO TL�IIL has nu or assignor or L:indord o%•:ef; :il::(j UII L t- -IFIL Mid ellan, charge, lien or claim under any orA or written tenancy agreement or otherwise, against rents or ch.-ir,.•,es due or to become due under the oral rental agreement. 6. Tenant 1:n o'ds of no uncured d 1 U LS ]11 LnC pL r7 51a C1 CC O: Landlord's oblisat'ions under any oral or wrltt(--n rental a- .greemenC and Tenant has no cxisLinz claim against Landlord b:, reaso. of ary default by Landlord in the performance of Landlord's obligations under any oral or written rental agreement. 7. Tenant.has accepted possession of the Property. S. All improvements, equipment, trade fixtures and an, other items to be construed or furnished by or at the expense of Landlord have been completed or supplied to the satisfaction of tenant. 9. Tenant has not deposited any security, cleaning or other deposit with Landlord for the performance of Tenant's obligations under any oral or written rental agreement. Landlord acknowledges that tenant has prepaid the last month's rent in the amount of $1,350.00, deposited in advance. The undersigned understands that City of San Luis Obispo may purchase the Property and that such purchase will be in material reliance on this certificate. DATED: July 29, 1982 TENANT: KENNETH C. WHITE All Automa is Transmission Rebuild By State of California ) ss. County of San Luis Obispo ) On July 2q, 1982, before the undersigned, a State of California, personally appeared KEN to be the person whose name is subscribed to --and acknowledged that he executed the same. Notary Public for the NETH C. WHITE, known to me the within instrument, OFFICIAL SEAL / _� �/t•_� , c • •.a.,.. +�i- . SUSAN RIA %♦ 1l .il�ii' e. �t NOTARY PUBLIC • C/LLIFO .. . r . a: ,x.�.:w , .. SAN WIS,C�BtSPO COUNT Y� t .2. ?...: �_'".', r'�.�'' islk% <'; r��`'f�%� t•.�_•.'_ .. �•' �, sKj'Q" D.e 77. 1087 l 't; .+�•. : SiiCn::. R e• •. ,* ;: 'v- RESOLUTION NO. 4908 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A 12 -MONTH TIME EXTENSION FOR TRACT 935 WHEREAS, the subdivider requested a twelve -month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that a twelve -month time extension was justified and recommends approval; and WHEREAS, the City Council concurs with the Planning Commission's findings. NOW, THEREFORE, the City Council resolves as follows: SECTION 1. That Tract 935 is granted a twelve -month time extension to May 18, 1983, subject to original map condition as specified in City Council Resolution No. 4326 (1980 Series) attached hereto and conditions revised in said resolution as follows: 14. Subdivider shall remove all existing buildings, structures, foundations, and fences within tract boundary, and shall dispose of on -site wells, to the satisfaction of the Chief Building Inspector and County Health Department as a subdivision improvement of this tract. 18. Final map shall show all contiguous property owned by the subdivider and shall note that said property is a remainder lot (not a part) of this tract. 19. A note shall be placed on the final map indicating that all unnumbered remnant lots adjacent to city boundary shall not be buildable lots until resubdivided with contiguous property. 21. This resolution shall be effective upon the effective date of Ordinance No. 871, as amended, rezoning this property from R -1, R -2, and A /C -40 to R -1 -PD. In the event Ordinance No. 871, as amended, is not effective on or before September 2, 1982 , this resolution shall expire. The tentative map hereby approved shall expire 12 months from the date of adoption of amended Ordinance No. 871. On motion of nnunni l wmmnn DnirpW , seconded by ,p in .i l msn Gri ffi n and on the following roll call vote: R 4908 'J Resolution No. 4908 (1982 Series) Tractr 935 Page 2 AYES: Councilmembers Dovey, Griffin and Vice -Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig the foregoing resolution was passed and adopted this 27th day of July 1982. Vice yor Ron Dunin ATTEST: ,z L/" �1,f City /Clerk Pamela Vog APPROVED: City Ad=i trative Officer City Attorney Community Delvelopment Director n C RESOLUTION NO. 432((1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL-Or TENTATTVE TRACT NO. 935 LOCATED AT 2877 BROAD STREET (CHEAPSKATE HILL, JOHN KING, APPLICANT) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1.. That this council, after consideration of the tentative map of Tract 935 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following.findings: 1. The tentative map is consistent with the general plan and specific plans. 2. The design.and improvements of the proposed subdivision are consistent with the general plati,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 mitigated negative declaration filed by the Community Development Director for the project is appropriate with mitigation measures as follows: 1. All proposed housing units shall be built below the gravity flow water service limit. 2. Ohly proposed house elevations A through E will be built on the lots abutting Lawrence'llrive to mitigate aesthetic concerns. 3. Solar access.shall be preserved for all lots to the .maximum extent possible. 4. Drainage easement and improvements along the Lawrence Drive neighborhood shall be per staff's September.10, 1980,. mitigated negative declaration memo and subject to the City Engineer's approval. 9. The optional design and improvement standards proposed are appropriate for this project in that they will: (1) produce a more desirable and livable community; (2) create a better community environment through dedication of public areas and rearrangement of lot size; (3) reduce the danger of erosion; (4) reduce the area and unsightliness of cut and fill banks. and (5) result in a community which is a substantial improvement over the community which .could have been developed by following the standard subdivision require .ments. R 4326 Resolution No. 4326 (1980 Series) Page 2. Tract 935 SECTION 2. That the approval of the tentative map for Tract 935 be subject to the following conditions: Public Utilities 1. Subdivider shall extend sewer and water lines to ends of all dead —end streets to satisfaction of the City Engineer. 2. Subdivider shall install_ 8", sewer mains in through streets and 6" sewer mains in cul —de —sac. 3. Subdivider shall provide public utilities easements to the approval of all utilities companies and City Engineer. 4. Subdivider• shall install water lines throughout the tract sized to provide 1000 gallons per minute fire flow at all fire hydrants. 5. Sewer line elevation shall be set to ensure grades to provide sewers capability to the,area west of subdivision shown on General Plan as a minor annexation area. Streets 6. Subdivider.shall extend Rockview Place from tract boundary to Perkins Lane. Subdivider,shall install full street pavement, curb, gutter and sidewalk on. west side of the street and AC berm on east side of the street.. 7. Subdivider shall extend street to westerly line of proposed -park. A 1 ft. no access strip shall surround the street stub. .Subdivider shall provide full street improvements across park frontage of said street extension.. 8. Subdivider shall relocate access road to city water tank.and provide surface treatment on said road equal to existing surface. 9. Subdivider shall dedicate a 1 ft. no access strip at the ends of all dead end streets. Drainage 11. Subdivider shall obtain permission from State Department of Transportation to allow drainage from lots 16 — 18 to drain to Broad Street. If permission is not granted, these lots shall remain in open space unless provision to drain the lots to the satisfaction of the City Engineer are made. 12. Subdivider shall construct underground drains for lots 1 — 18 and 32 - 42 with drop inlets to the approval of the City Engineer. Lots shall be rough graded to drain to drop.inlets. A 10—ft. drainage easement shall be granted to the city over said drain. CAUDILL\ MITCHELL 0, rAo pA. R I LAWReNCE Dpjl:f: 'A" AIC - 0 oD 890 i 1 Resolution No. 4326 (1980 Series) Page 3 Tract 935 Miscellaneous 13. Subdivider shall dedicate to the city the proposed park (1.5 acres). Subdivider shall improve park with grass ground cover and automatic sprinkler system to the satisfaction of the Parks and Recreation Director. The following credit will be given: .70 acres.(100% park dedication requirement) .80 acres (Open.Space for optional design subdivision) 14. Subdivider shall remove all existing buildings, structures, foundations and fences within tract boundary and shall dispose of on -site wells to the satisfaction of the Chief Building Inspector and County Health Department.. 15. Subdivider shall address all lots in the tract as shown on the attached addresssing plan (Exhibit A). 16. Final map shall show street name of Blue Rock Drive for portion of street identified as Stoneridge Drive along southerly boundary of the tract and Blue Rock Court for cul -de -sac .off said street. 17. Note shall be placed on the final map stating that lot 1 of this tract shall not be developed until the.city approves a condominium subdivision for the property rbnsistent with city approved planned. development PD 0890. 18. Final.map; shall not be approved until final map.for Minor Subdivision 79 -048 is approved and recorded creating tract boundary as a legal lot of record. 19. A note shall be placed on the final map indicating that all remnant lots between parcel 2 of Minor Subdivision 79 -048 and the tract boundary shall not be buildable lots until resubdivided with contiguous property. 20. Final map shall show the 18 proposed lots along the north tract boundary (Lots 1 - 18) reduced in number to 16 lots with.side lot lines matching the lot lines of adjacent tract. 21. This resolution shall be effective upon the effective date of Ordinance No. 871 , rezoning this property from R -1, R -2 and A/C "o to R -1 -PD. In the event Ordinance No'. 871 is not effective on or before January 2, 1981 , this resolution shall expire. The tentative map hereby approved shall expire 18 months from the date of adoption of this resolution, unless extended by later action of the council. Resolution No. 4326(1980 Series) Pare 4 Tract 935 On motion of Councilman Munger and on the following roll call vote: fJ , seconded by Councilman Bond AYES: Councilmembers Munger, Bond, Dunin and Mayor Cooper NOES: Councilwoman Billig ABSENT: None. the foregoing resolution was passed and adop ATTEST: City C J• tiwP-trltzpatrick APPROVED: City Ad;n iiist`fative Officer City Attorney Community De elopmen Director ity Engineer is 18th day of November, 1980. R. Cooper o ` r �S Norm CUM ty _�s — � `yam' �� • +.0 q h F� �v �o� I `J J JLJ I�\it 11 1I • /r c I I I V �i % =ii =[ r= }:rt(�1 if it iiaiii[[![ i• �, � f:4 r �.�r� k it rif• ( 1�i 1!_� r � �' '' ilr i 1 ' �� ` ;� y� � i1� l �'� I .� 1 ' I STCi =fsit70C �VEL0P ENT PL.Al000O 110EPTS_ i L I 1 i 3 i L I �� '' -��.5 ! /�r /' ��U�j o% ViC1�ei� �/� ''� �' r RESOLUTION N0. 4907 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 82 -106 LOCATED AT 100 CASA 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. 82 -106 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 0 zone. 3. The design is not likely to cause substantial environmental damage or cause serious health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through or use of property within the proposed subdivision. 5. The proposed parcel map is categorically exempt from environmental requirements. SECTION 2. Conditions. That the approval of the tentative map for Minor Subdivision 82 -106 be subject to the following conditions: 1. Subdivider shall grant to the city an easement for a water line over the existing fire access easement to the satisfaction of the City Engineer. 2. Subdivider shall replace two trees to be removed with the building addition with two 15- gallon trees, to the approval of the Community Development Department staff. R 4907 Resolution No. 4907 (1982 Series) Minor Subdivision 82 -106 Page 2 �J On motion of Councilwoman Dovey , seconded by Councilman Griffin , and on the following roll call vote: AYES: Councilmembers Dovey, Griffin and Vice Mayor Duriin NOES: None ABSENT: Councilman Settle and Mayor Billig the foregoing resolution was passed and adopted this 27th day of July , 1982. ATTEST: city Clerk Pame a V es APPRGGOVED Admini tra[ive Officer City Attorney e Co unity De elopment Director VIC MAYOR RON DUNIN �i!� � n 2��-� �-� S v�� video' RESOLUTION N0.4906(1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SIX -MONTH TIME EXTENSION FOR MINOR SUBDIVISION NO. 80 -45 LOCATED AT 1425 WOODSIDE DRIVE WHEREAS, the subdivider requests a six -month time extension to receive approval of his final map; and WHEREAS, the Planning Commission found that a six -month 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 80 -45 is granted a six -month time extension to December 3, 1982, subject to original parcel map conditions as specified in City Council Resolution No. 4176 (1980 Series) attached hereto. On motion of Councilman Griffin , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Griffin, Dovey and Vice Mayor Dunin NOES: None ABSENT:Councilman Settle and Mayor Billig the foregoing resolution was passed and adopted this 27th day of 1982. ATTEST: City Jerk Pamela Vog 4 ogv Q. a VI MAYOR RON DUNIN a July R 4906 • Resolution No. 4906(1982 Series) Minor Subdivision No. 80 -45 Page 2 APPROVED: (/1 . ✓C��C /W -c-l'ty-AdImigKtrative Officer 61&�I City Attorney Community Development Director 0 follows: � in, E RESOLUTION NO.4176(1980 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION 80 -45, LOCATED AT 1425 WOODSIDE DRIVE i BE IT.RESOLVED by the Council of the City of San Luis Obispo as SECTION 1. That this council, after consideration of the tentative map of Minor Subdivision No. 80 -45 and the Planning Commission's recommendations., staff recommendations and reports thereon, makes the following findings: 1. The proposed parcel map and design are consistent with the General Plan. 2. The site is physically suited for the proposed type and density of development which is permitted by the R -2 zone. 3. The design is not likely to cause substantial environmental damage, or cause serious public health problems. 4. The design of the proposed subdivision will not conflict with public easements for access through, or use of property within the proposed subdivisions. 5. The negative declaration filed by the Community Development Director for this project is appropriate. SECTION 2. That the approval of the tentative map for Minor Subdivision 80 -45 be subject to.the following conditions: 1. Subdivider shall,install handicap access ramp in sidewalk at the northeast corner of Southwood and Woodside Drives. 2. Subdivider shall relocate required off - street parking from Parcel B to Parcel A prior to recordation of final map. Said parking shall be improved to city standards and shall consist of a minimum.of 54 spaces. On motion of Councilman Bond seconded by Councilman Munger and on the following roll call vote: AYES; Councilmembers Bond, Munger, Dunin and Mayor Cooper. NOES: None ABSENT: Councilwoman Billig' R 4]76 Resolution No. 4176(1980 Series) Minor Subdivision No: 80 -45 Page 2 the following resolution was passed and adopted this 3rd day of June , ATTEST: City Cl J.H. Fitzpatrick APPROVED: City Administrative Officer City Attorney Community De lopment rector C R. Cooper 1 J to l 1 RESOLUTION NO. 4905 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF THE FINAL MAP OF MINOR SUBDIVISION SLO -81 -291, LOCATED AT 274 FOOTHILL BOULEVARD. 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. 4820 (1982 Series). SECTION 2. Whereas a---cash deposit in the amount of $2,000.00 is on file with the City to guarantee completion of certain subdivision requirements as stated in the subdivision guarantee, and SECTION 3. Whereas water acreage and frontage charges have been paid in the amount of $678.82 and $1,133.67 respectively, and a cash deposit in the amount of $2,500.00 has-been made to guarantee demolition of an existing garage - astraddle Parcels 1 and 4. SECTION 4. Whereas all conditions of Resolution No. 4820 (1982 Series) required prior to recordation of the final map have been completed or bonded for. . SECTION 5. This Council grants approval of the Final Map of Minor Subdivision SLO -81 -291. On motion of Councilman Griffin , seconded by Councilwoman Dovey I and on the following roll call vote: AYES: Councilmembers Griffin, Dovey and Vice Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig the foregoing Resolution was passed and adopted this 27th day of July f 1982. Vic yor Ron Dunin ATTEST: * * * ** * * ** y 7 1tvi.Clerk Pamela Votbs R 4905 Resolution No. 4905 (19`82 Series) APPROVED: City Administrative Officer City Attorney City Engineer / O 1 � J l � r I� I � RESOLUTION NO.-4904 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALK CONSTRUCTION AND REPAIRS UNDER THE 1911 ACT. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby con firms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction costs shall be paid within thirty -one days after the date hereof and any such costs remaining unpaid thereafter shall be turned over the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and sub- ject 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' � arid 'Exhibi't-B', attached On motion of Councilwoman Dovey , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin and Vice Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig the foregoing Resolution was passed and adopted this 27th day of July , 1982. f y Vic Mayor Ron.Dunin ATTEST: CIT CLERK PAMELA GES R 4904 Resolution No. 4904 (1982 Series) APPROVED: 6'64 Cily-Admiiiiftvftive Officer City Attorney r� EXHIBIT 'A' OWNER LOCATION AMOUNT BOVEE, Fred M. 747 Rougeot Place $ 89.30 GOOD, Carol etal 783 Rougeot Place $ 399.00 HANCE, H.H. 25 Chorro Street $ 471.20 hAtRfANN, e.e. and U.6. 765 Reageot Place $1 i52.08 MORABITO, A.P. and J.E. T. 32 '^ Chorro Street ^' -sre 'ree- $1,312.50 35i.88 eckj $ RODMAN, H.E. and M.R. 755 Rougeot Place $ 76.00 ReSS, F.e. etal WATTS, N.C. 33 28 ehVLLU St. (also Rougeot Chorro Street side) $1,845.85 $1,179.75 (.WILLS, A. 743 Rougeot Place $ 76.00 i EXHIBIT 'B' OWNER LOCATION AMOUNT - AlFS�FPi, W. S. and H. 2493- S BROWN, B.W. 1228 Joyce Court $ 209.00 CALVERT, D.V. 1450 Orcutt Road $ 177.07 DehE)N6, Ch - E. 1219 San Matee 209 rles -on GILLESPIE, V.R. and S.R. 1246 Sydney $ 76.00 ILLINGWORTH, C.D. & M.E. etal 1212 Joyce Court $ 355.50 KRIDLER, C.C. and B.R. 1250 Sydney $ 404.32 LAW, A.T. and P.M. 1425 Sydney $ 205.63 MARCOM, E.H. and M.J. 23.74 Augusta $ 709.37 — McM*STER, F.W. and J 2353 Del em—pe $ 1�1—AS /,IB RHOLSER, B.W. and B.C. 'ovv 1475 Sydney $ 205.63 REISS, J.M. & C.M. etal 2518 Augusta $ 395.29 RYAN, W.R. 2520 Helena (Joyce side) $ 76.00 SHOEMAKER, Jane A. 2548 Santa Clara Court $ 346.25 STEWART, J.W. and S.T. 1379 Sydney $ 114.00 SULLIVAN, P.M. and C.J. 2389 Helena $ 228.00. � � r IL �I RESOLUTION NO. 4903 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SPORTS SCORE COMPANY FOR FURNISHING SCORECARDS FOR CITY GOLF COURSE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain Agreement, attached.hereto and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Sports Score Company is hereby approved and the Mayor is authorized to execute . the same. SECTION 2. The City Clerk shall furnish a copy of this Resolution and a copy of the executed agreement approved by it to: Sports Score Company, Finance Director and the Director of Parks and Recreation. ON MOTION of Councilman Griffin , seconded by Councilwoman Dovey , and on the following roll call vote:, AYES: Councilmembers Griffin, Dovey and Vice Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig the foregoing Resolution was passed and adopted this 27th day of July , 1982. V3 -MAYOR RON DUNIN ATTEST: CITY CLERK PAMELA VO S APPROVED: 2 City Administrat ve Officer Finance r ctor R 4903 A G R E E .. E `i T AGREEMENT BETWEEN TIIE CITY OF SAN LUIS OBISPO AND SPORTS SCORE COMPAINY RELATING TO TIIE PROI'ISION OF GOLF SCORE CARDS This Agreement is made and entered into this 27th day of July , 198-21 by and between the City of San Luis Obispo, a chartered municipal corporation of the State of California ( "City "), and Sports Score Company, an Oregon corporation ( "Supplier "); collectively referred to herein as the "parties ". RECITALS The parties enter into and execute this Agreement with knowledge of and reliance upon the following facts: 1. City is the owner of Laguna Lake Municipal Golf Course. 2. City needs golf score cards to distribute to persons using the Laguna Lake Municipal Golf Course. 3. Supplier has the capability to produce golf score cards. 4. Supplier is willing to supply golf score cards to City at no cost, provided Supplier is permitted to print advertising on the borders of said score cards. 5. City is willing to accept the golf score cards furnished by Supplier with approved advertising printed thereon. AGREEMENT NOW, THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein, and subject to all the terms and conditions hereof, the parties agree as follows: A. Supplier will furnish and deliver to Citv a minimum of 14,000 golf score cards per year and upon request by City for additional golf score cards at.least two (2) months prior to the annual delivery date, up to a maximum of 18,000 golf score cards per year; Supplier shall supply and deliver said golf score cards to City at no cost to City. All shipping charges shall be paid by Supplier. Supplier shall deliver the first year's supply of golf score cards within five (5) months of the execution of this Agreement. The annual delivery date shall be the annual anniversary date of the first delivery. B. City shall have the option to renew this Agreement a maximum of four times {.for four annual deliveries in addition to-.the first delivery) by giving written notice to Supplier at the address listed in paragraph H, below, at least two months prior to the annual delivery date. C. Supplier shall--supply and deliver score cards to Citv which: 1. Shall be made out of paper commonly described ;;s 10 point coated one side cover stock paper. 2. Shall contain golf course information such as yardage, pars, course ratings, etc, which information City shall provide to Supplier annually at least two (2) months prior to the annual delivery'date. 3. Shall bear on the front cover of same, a photograph or logo selected by City at least two (2) months prior to the annual delivery date. D. Supplier shall have the right to sell advertising space on the score cards, and to print advertisements on the borders of the score cards; provided, all proposed advertising copy must be submitted to City for approval prior to printing of the score cards. City may reject any and all proposed advertising, which, in the reasonable opinion of City, is scandalous, libelous, indecent, in poor taste or inappropriate for a golf score card. Political advertisements shall not be printed on the golf score cards. Should City approve proposed advertising which is sub- sequently alleged to be defamatory or libelous, Supplier agrees to indemnify and hold City harmless pursuant to the provisions of paragraph G, below. Approval of proposed advertising by City shall not constitute an endorsement of any of the advertised goods or services. The score cards shall including the following statement: "The City of San Luis Obispo makes no endorsement of the advertising found on this score card ". E. In consideration for the delivery of the golf score cards, City shall provide the golf score cards to persons using the Laguna Lake Municipal Golf Course. F. Neither party shall assign any rights nor delegate any duties under this Agreement. G. Supplier shall indemnify and hold harmless City, its Mayor and City Council, appointed Boards and Commissions, officers, employees, agents, and repre- sentatives, individually and collectively, from and against any and all claims, demands, actions, fines, cost of litigation, attorney fees, judgments or liability of any kind arising out of the printing, supplying, or delivering; of the golf score cards. Supplier shall assume all risks in the operation of its buisness hereunder, and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this•Agreement. Should any action or proceeding be brought against the City in any way'related,to, or arising from the printing, supplying or delivering,: of `the golf> score cards, Supplier shall defend City at Supplier '- s:sole'ekpense by'. '.counsel satisfactory. to City;,upon- written notice by City to -do so,yand Supplier shalL'.Qay a71,of t r+.. '. t , "i• < _ , 4 - .fir` i � Z ` Y i .1- '. _0 .Y- City's costs, attorneys fees, expenses and liabilities incurred as a result of anv such action or proceeding. H. Any notice required hereunder, shall he made hy, and shall be deemed effective by, either personal service thereof, or by mailing, first class mail, to the parties at the addresses set forth below be sent to: Citv of San Luis Obispo Parks & Recreation Department P. 0. Box 321 San Luis Obispo, CA 93406 All notices to Supplier shall be sent to: Sports Score Company P. 0. Box 2926 Portland, Oregon 97208 All notices to the City shall I. This Agreement has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. J. This Agreement constitutes the entire agreement between the parties with regard to the matters set forth herein. This Agreement may not be altered or otherwise modified except by writing executed by the parties. IN WITNESS WHEREOF, the parties hereto execute this Agreement on the dates and year written below. SUPPLIER: Sports Score Company P. 0. Box 2926 Portland, Oregon '97208 Authorized Signature Title CITY OF SAN LUIS OBISPO P. 0. Box 321 San Luis Obispo, CA 93406 Dated.: ICE- 1L4YOR RON DUNIN ATTEST: 4ZV6 CIT4 CLERK PA ELA OGES t W N' ' � tr - -J t ,G �J'� - o . 3 � y.-j. .i F, by � c�4a i +�' . $�` A� ..F• ~ - +yr �t ' v- `�l ia. C* _ _ '� ;y - r '♦ T 4 x4� ij w= 'i1 j; > .p xs% ^•+µf,'. wiY RESOLUTION NO. 4902 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO INCREASING GENERAL FUND APPROPRIATIONS FOR THE 1982 -83 FISCAL YEAR BE IT RESOLVED by the Council of the City of San Luis Obispo that -the following appropriation accounts be increased to provide for the emergency replacement of office equipment within the Fire Department: Account No. Description Amount (85) 01- 4051 -000 Fire Department Administration- 2,100 Office Equipment (85) 01- 4251 -000 Fire Department Prevention - Office 1,200 Equipment 3,300 On motion of Councilman Griffin seconded by Councilwoman Dovey_ , and on the following roll call vote: AYES: Councilmembers Griffin, Dovey and Vice Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig the foregoing Resolution was passed and adopted this 27thday of July, 1982. VICE YOR RON DUNIN ATTEST- CITY CLERK PAMELA V ES APPROVED: R 4902 �i/l�' ��i'" ��, �, �� « �. tt I `1 RESOLUTION NO. 4901 (1982 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND POOR RICHARD'S PRESS FOR COPYING SERVICES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement,attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and Poor Richard's Press of San Luis Obispo.is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: City Finance Director; Poor Richard's Press. On motion of Councilman Griffin and on the following roll call vote: seconded by Councilwoman Dovey AYES: Councilmembers Griffin, Dovey and Vice Mayor Dunin NOES: None ABSENT.: Councilman Settle and Mayor Billig the foregoing resolution was passed and adopted this 27th day of July , 1982. ATTEST: -� oar7,3C4 C CLERK PAMELA V GE y _ VIr OR RON DUNIN Approved: City Admfr!iV&ative Officer 64��a� _ iii ©. Ci Clerk R 4901 COPYING SERVICES AGREEMENT This agreement, dated July 27, 1982 is between Poor Richard's Press and the City of San Luis Obispo (referred to as "City" in the following) WHEREAS, the city desires to contract with a single entity for general copying, duplicating and related services; and WHEREAS, the city has selected Poor Richard's Press (hereinafter, "Vendor ") as that entity by competitive bid and by reason of its qualifications and experience for providing such services, and vendor has offered to provide these services on the terms and in the manner described here; NOW, THEREFORE, these parties agree to the following: 1. COORDINATION a. City. All work ordered by City will be accompanied by a "work order" form listing the specifications of the job and the name and telephone number of the person ordering the job. This person will be responsible for proper preparation of the work and respond to questions from Vendor. b. Vendor. Vendor shall assign a single person to have overall responsibility for the production of work done for the city. This person will respond to questions from the city. 2. DUTIES OF VENDOR a. Services to be furnished. Vendor shall provide the services and materials listed in Exhibit A, attached to this agreement.. b. Deadlines. Regularly - scheduled jobs (such as agendas) are to be delivered within 24 hours of pick —up. All other work will be produced in a timely manner, meeting the deadline listed on the work order. If, the deadline cannot be met, Vendor will notify, the person ordering the'job - before. beginning'.' s If Vendor is unable to meet the.required deadline,' pity. take . the_'rork - elsewhere for copying services: .1 s y � J c. Quality Control. Vendor will take the necessary steps to insure that 'he work is produced without errors or omissions, and that a consistent level of high quality is maintained. Unacceptable work which is the fault of Vendor will be either re -run or repaired at no charge to City. If the fault of City, City will pay reasonable costs. d. Protection of materials. Vendor will take the necessary precautions to protect City property from loss, damage, theft and unauthorized use. e. Laws to be observed. Vendor shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by Vendor under this agreement; (2) Keep itself fully informed of all existing and future federal, state and local laws, ordinances, regulations; orders, and decrees which may affect those engaged or employed under this agreement, any materials used in the vendor's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to City in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any specifications or provisions of this agreement. f. Release of reports and information. Any reports, information, data, or other material given to, prepared by, or assembled by Vendor under this agreement shall be the property of City and shall not be made available to any individual or organization by Vendor without the prior written approval of City. g. Authorized purchases. Vendor will insure that only authorized departments, commissions, agencies and individuals purchase copying under this agreement. Unauthorized purchases will not be paid by City. h. Qualifications of Vendor. Vendor represents that it is qualified to furnish the services described under this agreemet. 3. DUTIES OF CITY City agrees to cooperate with Vendor and perform the following: a. Preparation of originals. Material submitted for copying shall be properly prepared to the standards required by Vendor. b. Work order. City will provide each job with a work order form listing the required specifications to complete the work. c. Pick -up /drop -off point. City will provide one location in City Hall where material will be picked up and delivered. d. Quality control. City will examine all jobs to insure that the job has been properly produced. Unacceptable work will be repaired or re -run at no cost to City if the fault of Vendor. If the fault of City, City will pay reasonable costs. e. Authorized purchasers. City will provide Vendor with a list of departments, commissions, agencies and individuals authorized to purchase copying services under this agreement. 4. COMPENSATION a. City shall pay the vendor for services performed under this'agreement as specified in Exhibit A. b. Vendor shall deliver each job with an invoice stating: • Vendor's name, address and invoice number • Name of the department ordering the job • Title or description of the job • Number of copies and the amount due at the rate specified in Exhibit A. • Itemized listing of special materials and services and the amount due at the rate specified in Exhibit A. c. Payment shall be due within 30 calendar days of the invoice date. d. Prices charged by Vendor, as specified in Exhibit A,. shall, not be increased without written consent of City. e... Charges for_ "rush" fobs or woik requirin g "overtime" fo pradce mast' be -� agreed to by City w advance 7f v i 'i: - � - .�.s�3f' —_ _ ..� _ _ ..t _...... _.. ._ .. Nt .n .. .. �'. . v� _ .....� �'� � a pyca � \_"' ,,',.,i. `� �• 14.Y.. '�'_a S .a 5. TRADE CUSTOMS Except as noted in this agreement, legally- accepted "trade customs" applied to the printing trades will be observed. A general listing of these trade customs are shown in Exhibit B. 6. DURATION OF AGREEMENT This agreement will remain in effect for six months. If agreeable to City and Vendor, this agreement may be extended on a month -to -month basis for up to an additional three months. When this agreement expires, City will advertise for new bids and a new agreement will be written. 7. TEMPORARY SUSPENSION City shall have the authority to suspend this agreement, wholly or in part, for any such period as deemed necessary due to unfavorable conditions or to the failure on the part of Vendor to perform any provisions of this agreement. 8. SUSPENSION; TERMINATION a. Right to Suspend or Terminate. City retains the right to terminate this agreement for any reason by notifying Vendor in writing seven days prior to termination and by paying the compensation due and payable to the date of termination. b. Return of Materials. Upon such termination, Vendor shall return to the city all material not yet copied. Work -in- process will be completed, delivered and billed as outlined by this agreement. 9. OWNERSHIP OF MATERIALS All original materials provided to Vendor for copying remain the property of City. Materials prepared by or in possession of Vendor pursuant to this agreement shall become the permanent property of City, and shall be delivered to City upon demand. 10. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of copying, duplicating and related services of Vendor and is not assignable by Vendor. Vendor may employ others to perform special services as required without prior approval by City. 11. NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by Certified Mail, addressed as follows: To City: City Clerk City of San Luis Obispo P.O. Box 321 San Luis Obispo, CA 93406 To Vendor: Poor Richard's Press 2224 Beebee Street San Luis Obispo, CA 93401 12. INTEREST OF VENDOR Vendor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. It is expressly agreed that, in performing these services, the vendor shall at all times be deemed an independent contractor and not an agent or employee of City. 13. INDEMNITY Vendor hereby agrees to indemnify and save harmless City, its officers, agents and employees of and from: a. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Vendor under this agreement or of Vendor's employees or agents; b. Any and all damage to or destruction of the property of City, its departments, commissions, officers, agents, or employees occupied or used by or in the care, custody, or control of Vendor or in proximity-to. the- - site of Vendor's work, caused by any negligent act or omission of Vendor under this agreement or of Vendor's employees or agents; c. Any and all claims and which may be,Anade'.Q r.itgt "Gxty, -i#a gfficers eats or em to ees b r s ag �. P Y y re"a4pn of any 7�iau "ry io death YI' � yy[ I _ f. damage suffered or sustained by any employee or rtgent of Vendor under :his agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; d. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by the vendor under this agreement; and e. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the vendor. Vendor at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against City, its officers, agents or employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action, or other legal proceding, when same were due to negligence of Vendor. 14. WORKERS COMPENSATION Vendor certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 15. INSURANCE At the request of City, Vendor shall provide proof of comprehensive general liability insurance (including automobile) and business liability insurance in amounts satisfactory to City. 16. AGREEMENT BINDING The terms, convenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, adminietratarq, assigns, and subcontractors of both parties. 17. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 19. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. 20. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Vendor and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Vendor. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. f c � — y i '- i 1; Y" v} x � V at ✓ � ��c 1:` 1..., IT:: ESS 11,11 EOF , the Ci Ly and r I it2 It) - I 12d L;! -1,4 roe -mont thc- (�ay ind yoar below L CITY OF SAN LUIS OBISPO B VIE MAYOR RON DUNIN ATTEST: CIT CLERK PX4ELA V Approved: C'fty Administrative ficery City Attorney Cit Clerk Poor Richard's Press CITY OF SAN LUIS OBISPO B VIE MAYOR RON DUNIN ATTEST: CIT CLERK PX4ELA V Approved: C'fty Administrative ficery City Attorney Cit Clerk EXHIBIT A COST OF SERVICES PROVIDED BASIC CRITERIA- GENERAL COPYING SERVICES • Minimum volume is estimated to be.50,000 copies per month. (Actual volume may vary.) • Minimum of 10 copies of an.original, maximum of 1,000 copies. • No extra charge for collating or reduction of 74% and 65 %. • Free pick -up and delivery.service to City Hall twice daily (once in the morning between 9:30 and 10:30, and once in the afternoon between 4:00 and 5:00, Monday through Friday, except city holidays. • Same -day service (by arrangement) for regularly scheduled items. 1. Basic charge for copying (8Z" x 11" or 81�" x 14" white bond or paper provided by the city): 2110 per copy. 2. Added charges for special materials: a. Color bond (81�" x 11" or 81�" x 14 "): 25C per 100 sheets. b. Card stock or cover (any color, 81�" x 11" or 812" x 14 "): 100C per 100 sheets. C. Carbonless (NCR) forms: 812" x 11 ", in lots of 250 (48 hr. delivery). 2 -part: 12C per set 3 -part: 17C per set 4 -part: 21C per set 3. Added charges for special.services: a. Plastic comb (Cerlox) binding: 75C per book. b. Stapling: 3c per staple (saddle stitching). 3C per staple (side or corner stiching). c. Drilling (2 or 3 holes in standard location): $2.00 per 1,000 sheets. d. Cutting /trimming: 50C per cut. e. Padding: 20c per pad. f. Folding $3.00 set -up plus 85e, per 100 sheets. - � M.' �: 1 �� .we Y 4. �- ._�.3- < M J. Y .._ ri .. �... nr....�: �'.l. �. .v �. � . • L-V.< ~� i �': - �.R`� EXHIBIT B `i Trade Customs have been in general use in the Printing Industry throughout the United States of America for more than SO years. 1. QUOTATION A quotation not accepted within thirty (30) days is subject to review. 2. ORDERS Orders regularly entered, verbal or written, cannot be cancelled except upon terms that will compensate printer against loss. 3. EXPERIMENTAL WORK Experimental work performed at customer's request, such as sketches, drawings, composition, plates, presswork and materials will be charged for at current rates and may not be used without consent of the printer. 4. PREPARATORY WORK Sketches, copy, dummies and all preparatory work created or furnished by the printer, shall remain his exclusive property and no use of same shall be made, nor any ideas obtained therefrom be used, except upon compensation to be determined by the printer. 5. CONDITION OF COPY Estimates for typesetting are based on the receipt of original copy or manuscript clearly typed, double - spaced on 8'/• - "x II" uncoated stock, one side only. Condition of copy which deviates from this standard is subject to re- estimating and pricing review by printer at time of submission of copy, unless otherwise specified in estimate. 6. PREPARATORY MATERIALS Art work. type, plates, nega- tives, positives and other items when supplied by the printer shall remain his exclusive property unless otherwise agreed in writing. 7, ALTERATIONS Alterations represent work performed in ad- dition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request. 8. PROOFS Proofs shall be submitted with original copy. Correc- tions are to be made on "master set ", returned marked "O.K." or "O.K. with corrections" and signed by customer. If revised proofs are desired, request must be made when proofs are returned. Printer regrets any errors that may occur through production undetected, but cannot be held responsible for errors if the work is printed per customer's O.K. or if changes are communicated verbally. Printer shall not be responsible for errors if the customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed printer to proceed without submission of proofs. 9. PRESS PROOFS Unless specifically provided in printer's quo- tation, press proofs will be charged for at current rates. An inspec- tion sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during the time of makeready. Any changes, corrections or lost press time due to customer's change of mind or delay will be charged for at current rates. 10. COLOR PROOFING Because of differences in equipment. paper, inks and other conditions between color proofing and pro- duction pressroom operations, a reasonable variation in color be- tween color proofs and the completed job shall constitute acceptable delivery. Special inks and proofing stocks will be forwarded to cus- tomer's suppliers upon request at current rates. II. OVER RUNS OR UNDER RUNS Over runs or under runs not to exceed 10% on quantities ordered up to 10,000 copies and /or the percentage agreed upon over or under quantities ordered above 10.000 copies shall constitute acceptable delivery. Printer will bill for actual quantity delivered within this tolerance. If customer re- quires guaranteed "no less than" delivery, percentage tolerance of overage must be doubled. 12. CUSTOMER'S PROPERTY The printer will maintain fire, extended coverage, vandalism, malicious mischief and sprinkler leakage insurance on :ill property belonging to the customer, while such property is in the printer's possession; printer's liability for such property shall not exceed the amount recoverable from such insurance. 13. DELIVERY Unless otherwise specified, the price quoted is for a single shipment, without storage. F.O.B. local customer's place of business or F.O.B. printer's platform for out -of -town customers. Proposals are based on continuous and uninterrupted delivery of complete order, unless specifications distinctly state otherwise. Charges related to delivery from customer to printer. or from customer's supplier to printer are not included in any quotations unless specified. Special priority pickup or delivery service will be provided at current rates upon customer's request. Materials de- livered from customer or his suppliers are verified with delivery ticket as to cartons, packages or items shown only. The accuracy of quantities indicated on such tickets cannot be verified and printer cannot accept liability for shortage based on supplier's tickets. Title for finished work shall pass to the customer upon delivery. to carrier at shipping point or upon mailing of invoices for finished work. whichever occurs first. 14. PRODUCTION SCHEDULES Production schedules will be established and adhered to by customer and printer, provided that neither shall incur any liability or penalty for delays due to state of war. riot. civil disorder, fire. strikes. accidents, action of Government or civil authority and acts of God or other causes beyond the control of customer or printer. 15. CUSTOMER FURNISHED MATERIALS Paper stock, cam- era copy. film, color separations and other customer furnished ma- terials shall be manufactured, packed and delivered to printer's specifications. Additional cost due to delays or impaired production caused by specification deficiencies shall be charged to the customer. 16. TERMS Payment shall be net cash thirty (30) days from date of invoice unless otherwise provided in writing. Claim for defects. damages or shortages must be made by the customer in writing within a period of 'thirty (30) days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms. conditions and specifications. Printer's liability shall be limited to stated selling price of any defective goods, and shall in no event include special or consequential damages. including profits for profits lost). As security for payment of any sum due or to become due under terms of any Agreement. printer shall have the right, if necessary, to retain possession of and shall have a lien on all cus- tomer property in printer's possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and lien. 17. INDEMNIFICATION The customer shall indemnify and hold harmless the printer from any and all loss, cost, expense and damages on account of any and all manner of claims, demands. actions and proceedings that may be instituted against the printer on grounds alleging that the said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to pri- vacy or other personal rights, except to the extent that the printer has contributed to the matter. The customer agrees to, at the cus- tomer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the printer, provided that the printer shall promptly notify the customer with respect thereto, and provided further that the printer shall give to the customer such reasonable time as the exi- gencies of the situation may permit in which to undertake and con- tinue the defense thereof. Originally formally promulgated, Annual Convention. United Typothetae of Amcrica, 1922. Rt-ti,� d and updated and repromulgated, Annual Convention, Printing Industries of America, Iriz., 194! .k 1974. l' I I i r 1' i r RESOLUTION NO. 4900 (19 82 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 Coun.cil.hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Street Reconstruction Project CITY PLAN NO'. F -03 ESTIMATE: $93;775.00.. BUDGET ACCOUNT:21- 4873 =FO3 BIDDER:. Walter Bros. Construction Co., BID AMOUNT: $81,044.10 -.Inc. SECTION 2. That the City Clerk is directed to prepare the appropriate documents Eor signature by the successful bidder and the Mayor. On motion of Councilman Griffin seconded-by Councilwoman Dovey , and on the following roll call vote: AYES. Griffin, Dovey, and Vice Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig the foregoing Resolution was passed and. adopted this 27th day of July 1982. VI R RON DUNIN ATTEST: YO ..CITY CLERK PAMELA V ES , APPROVED: City Admowstrative Officer City n ineei r R 4900 n